Birth Injury Lawyer Cleveland, OH
A birth injury lawyer Cleveland, OH clients trust from Mishkind Kulwicki Law Co., L.P.A. understands that bringing a child into this world is one of the most exciting moments in a parents’ life. While a majority of births are successful, some can take a turn for the worst. When this happens, parent’s might feel unsure and scared about the future of the newborn. Complications can arise during pregnancy, the delivery, or soon after the birth. In some cases, these complications are natural and unpreventable. However, it is certainly possible for an error, made on the part of a medical clinician, to lead to a complication.
If you are a parent of a newborn, or child, who was injured or lost their life during their birth, pre, or postnatal care, and you believe what happened was avoidable, it may be a good idea to ask a lawyer to review your case. Call Mishkind Kulwicki Law Co., L.P.A. for a case review.
Can a Birth Injury Be Prevented?
As a lawyer might point out, some birth injuries cannot be avoided. This may be due to genetics, hereditary predispositions, the health of the mother, and so forth. That being said, there are times in which a birth injury could have been prevented. Because this can be difficult to determine without reviewing medical records and other elements of a possible case, it is advisable to reach out to a qualified lawyer Cleveland, Ohio families can trust.
Determining whether a birth injury could have been prevented largely rests on whether any of the medical professionals involved adhered to their duty of care. In legal terms, and broadly speaking, duty of care refers to a skill and service provided by a medical professional who is of a sound mind, and with a comparable background. To ensure your case is reviewed properly, a lawyer might ask:
- Was the birth injury predictable or sudden?
- Were there any unreasonable errors made?
- Would another medical professional, with the same or similar background, made the same decision?
- Was anything done that should not have been?
In addition to these questions, a lawyer might ask you about:
- What happened?
- What you were told?
- Whether there were any indications of a mistake?
- The reactions or behaviors of the medical staff?
- Whether you were offered anything?
It is not uncommon for medical professionals to attempt to convince parents that a childs’ birth injury was indeed “unpreventable”, or something that “was going to happen no matter what.” Even if you have been told something similar, it is still a good idea to talk with a birth injury lawyer. A lawyer will likely gather all medical records and talk with various experts. In these types of cases, there is a high risk of evidence being lost, destroyed, or tampered with. Please act quickly.
Whether you were told an error was made, or your intuition is telling you something isn’t right, or perhaps being hidden from you, call Mishkind Kulwicki Law Co., L.P.A.. A lawyer in Cleveland, OH would be happy to talk with you about your case and help you to understand your legal options.
What are the Most Common Signs of a Birth Injury?
Identifying a birth injury may be obvious, or not as apparent, depending on the type of injury that was caused. For some injuries, they may not be noticeable until months or years post delivery. But, there are initial signs that may mean a baby has sustained a serious birth injury:
- Low heart rate
- Excessive drooling
- Low oxygen levels
- Weak flexes
- Hand curled into claw shape
- High-pitched crying, grunting, or fussiness
- Sensitivity to light
- Skull fractures
- Challenges eating, suckling, or swallowing
- Arched back and crying
- Muscle stiffness (or very loose)
If your baby had any of these symptoms immediately after delivery, then we strongly urge you to call us. We can provide a free consultation so you can find out whether it is worth pursuing a case. If your baby is showing peculiar symptoms similar to the ones listed above and has not gotten medical attention, we recommend doing so with a sense of emergency, and then contacting our law office.
What are Birth Injury Symptoms for a Child Who is 12-24 Months Old?
While we are not medical professionals, we are familiar with how birth injuries may present themselves. We understand that it can take upwards of 1-2 years before symptoms are apparently obvious, and this is particularly true if the injury was cognitive or behavioral. Sometimes parents do not realize something is not quite right until their child has entered school. Symptoms of a birth injury between the age sof 12-24 months include:
- Ataxia (loss of bodily movements)
- Difficulty crawling or walking
- Intellectual problems, such as poor memory
- Delay in speech development (or not talking at all)
- Poor coordination
- Trouble grasping objects and using them (such as utensils, cups, and plates)
- Involuntary pulling of the neck
- Doesn’t bring items to mouth
- Cannot pass a small item between each hand
Is it Possible For a Child To Exhibit Signs of Birth Injury After Two Years?
Not all cases of birth injuries involved the child having symptoms within the first two years. If your child exhibits any of these signs, is over the age of two, and your gut tells you something may have gone wrong during your delivery, please call our office for a full case assessment:
- Jerky reflexes or trouble with motor skills
- Onset of disabilities related to development, such as epilepsy or autism
- Unable to talk or understand full sentences
- Cannot draw straight lines or complete circles
- Stiff muscles
- Shakiness or tremors
- Challenges getting up and down stairs