Cleveland Birth Injury Lawyer

Cleveland Birth Injury Attorney

Aggressively Advocating For Injured Mothers And Babies

If your family recently experienced any type of unexpected injury or death during a childbirth procedure, you are likely to have many pressing questions about how the injury happened and whether anyone in your treatment team is responsible. Our Cleveland birth injury lawyers are an invaluable resource in this difficult situation. They will review the details of your potential case and determine whether you have grounds for legal recourse.

Injuries that occur during birth can affect the lifelong health of children and mothers. Many birth injuries and deaths are preventable if the medical professionals use commonly accepted practices and are not negligent. The knowledgeable medical malpractice attorneys at Kampinski & Roberts, LPA, can help if you or someone you love was injured during childbirth because of a medical professional’s negligence.

Why Hire Our Cleveland Birth Injury Lawyers?

The lawyers and entire legal team at Kampinski and Roberts specialize in medical malpractice cases. Filing a birth injury claim or any other type of medical malpractice claim is very different from filing a standard personal injury suit. Our team of professionals will ensure the best possible outcome for your case. Legal counsel you trust will be invaluable for helping you through the process and building a successful case.

Kampinski & Roberts, LPA, provides client-focused legal counsel, meaning we take time to learn as much as we can about each client we represent to ensure we address their individual needs in their cases. We will fight on your behalf and resolve your claim as efficiently as possible, streamlining your proceedings whenever we can and exploring every possible channel of recovery that may increase your total compensation.

Our medical malpractice attorneys work to help individuals who were hurt or died during childbirth obtain their deserved compensation. Our Independence law firm has helped families across Ohio recover millions of dollars in compensation for their birth injury cases. Our lawyers have more than 100 years of combined medical malpractice experience that they will use to evaluate, guide, and litigate your case.

The Various Types of Birth Injuries

Life-altering birth injuries such as cerebral palsy and shoulder dystocia (Erb’s palsy), injuries from forceps and various physical and mental disabilities frequently arise as the result of a doctor’s negligence. Obstetric malpractice may result in hypoxia or a delayed delivery in situations where proper medical care during birth would have prevented the injury entirely.

Proving that the baby would have been born without problems if the obstetric negligence had not occurred requires a great deal of technical knowledge and expertise. We work with renowned medical experts to do an in-depth analysis of each client’s injuries. This collaboration with medical experts, combined with our comprehensive legal knowledge, allows us to create effective strategies so that our clients can get the best possible outcome.

Medical malpractice occurs when a physician or other medical professional fails to follow the standard of care. The medical community decides appropriate treatments for known ailments and injuries, and medical professionals are required to abide by these standards of care at all times for every patient. When they fail to do so and cause harm or death to a patient, this can form the foundation of a medical malpractice lawsuit.

Why You Need a Cleveland Birth Injury Lawyer

Experiencing a birth injury in the family can be emotionally devastating, and it is understandable to want accountability from the party responsible as quickly as possible. Having the right legal representation will not only substantially increase your chance of success with your case but also enable you to have some peace of mind during an extremely challenging time. While you manage your personal affairs, your attorneys will build an effective strategy for your case.

Kampinski & Roberts, LPA, will immediately begin gathering evidence and reviewing documentation necessary for your birth injury claim. We will review all relevant medical records to determine what standard of care applied to your situation, and we will coordinate expert witness testimony to support your case. We will also ensure that you meet all of the procedural requirements necessary for filing the case.

You have a time limit for filing a medical malpractice claim in Ohio. While a medical malpractice case is a type of personal injury case, state law requires a separate statute of limitations and other procedural requirements for filing a medical malpractice suit. You have one year from the date you knew of or reasonably should have known of the negligence and two years if the malpractice resulted in death. However, if the victim is a minor child, the statute lasts until one year after their 18^th birthday.

Recovering for a Birth Injury in Cleveland

The objective of any personal injury case is for the injured plaintiff to prove fault for the damages they suffered and to recover compensation for those damages. While state law limits compensation in medical malpractice suits in some ways, you could still be eligible to claim more compensation than you may initially expect. Your Cleveland birth injury lawyer can help you identify all the various forms of compensation that can be recovered for your claim.

Most injured plaintiffs seek compensation for economic damages such as medical expenses and lost income. You may be able to claim compensation for any additional medical expenses you incurred because of the birth injury, including the cost of future medical care the injured person would need if they suffered a substantial and permanent injury. Additionally, if a parent is unable to earn income because of the incident, they may be able to include their lost wages in their civil suit.

When a birth injury causes permanent injury to a child, one parent may be forced to leave their job to provide constant in-home care. The family is also likely to face increased medical expenses, and this, combined with loss of income, can easily create a very difficult financial situation for the family very quickly. It is essential to have an attorney who can accurately calculate the full financial impact of your birth injury to ensure maximum compensation.

In addition to these economic damages, an injured plaintiff also has the right to seek compensation for their pain and suffering. State law limits non-economic damages in medical malpractice claims to $250,000 or three times the total of the victim’s economic damages, whichever is greater. However, if the defendant caused the loss of a limb, loss of a bodily organ system, or any permanent physical impairment that prevents the person from performing life-sustaining activities on their own, this cap can increase.

Experiencing a birth injury can be devastating for any family. If your child is injured, they could face lifelong complications, including physical and mental disabilities, developmental delays, and a persistent need for in-home care and constant supervision. These challenges are compounded by broader systemic issues, such as infant mortality rates, which remain a significant concern in our healthcare system. It can be incredibly difficult for a family to adjust to these circumstances, which is why it is so crucial to find a Cleveland birth injury lawyer ready to fight on your behalf for maximum recovery.

Kampinski & Roberts, LPA, approaches every medical malpractice case we accept with the goal of maximizing our client’s recovery. We have a long history of obtaining favorable results for our birth injury clients. Here are a few examples:

• $4.5 million settlement: A newborn suffered a severe brain injury and cerebral palsy due to negligent delay in delivery.
• $3.99 million verdict: A baby suffered neurological damage because the umbilical cord was crimped during his delivery.
• $3 million verdict: A stillborn birth occurred after a mother was left off a monitor for several hours during her labor and delivery.
• $2.4 million settlement: A baby was not resuscitated properly after a delivery in which doctors had responded to shoulder dystocia by using a procedure that was contraindicated.
• $1.58 million verdict: An OB/GYN group was found liable for a baby’s nerve injury that was caused when his left shoulder became stuck against his mother’s pelvis when a vacuum extractor was used during delivery.

These are just a few examples of the results we have been able to achieve for our clients. Remember that every birth injury case is unique and that you need to consult a reliable attorney as soon as possible. Kampinski & Roberts, LPA, will do everything we can to maximize your settlement while holding the defendant accountable for the harm they have caused.

Filing Your Birth Injury Claim in Cleveland

Success with a personal injury case generally requires evidence and witness testimony that proves the defendant directly caused the plaintiff’s claimed damages. However, a medical malpractice case requires fulfilling additional procedural requirements. Your attorney will consult a medical expert who will provide an affidavit of merit which is needed to file a claim.

This affidavit is sworn testimony under oath, and the medical expert signing it must be licensed in the same medical specialty as the defendant. They will need to certify the standard of care was violated. This affidavit must be filed with the lawsuit.

When litigation is necessary, both the plaintiff and the defendant will have the opportunity to submit evidence, witness testimony, and arguments. Kampinski & Roberts, LPA, can secure a swift settlement for our clients when appropriate, but we are proven litigators and are fully prepared to fight for our clients in the courtroom whenever necessary.

What to Expect from Your Cleveland Birth Injury Lawyer

Kampinski & Roberts, LPA, has a strong professional record of successful medical malpractice recoveries in Cleveland and surrounding communities, including many birth injury cases. We know how emotionally straining these cases are for the families we represent and work diligently to ensure the greatest chances of success in every case we accept. You can expect a team of fierce legal advocates ready to fight on your behalf when you choose our firm to represent you.

At the outset, we will gather the evidence needed to prove your case. We work with many medical experts and will obtain the best medical expert witnesses for your case. We will ensure your claim meets all procedural requirements and statutory deadlines so it can proceed as smoothly as possible.

When it comes to determining your claim’s total value, our firm excels at resolving complex medical malpractice claims and ensuring maximum recovery for our clients. We will consult with economic experts to calculate the total of your immediate economic damages and the anticipated future losses your family is likely to experience because of the defendant’s actions. We will also do everything we can to maximize the pain and suffering compensation you are able to obtain from the defendant.

Time is a critical concern for any medical malpractice case. While you may have some flexibility when it comes to filing a claim on behalf of an injured child due to the tolled statute of limitations, it is still crucial to start gathering evidence to support your claim as quickly as possible. Some of the evidence you may need may be much harder to secure later, so it’s important to have your attorneys start building your case right away.

Get Help from Knowledgeable Medical Malpractice Attorneys

We evaluate every client’s potential case and work with them to decide how to best move forward. This in-depth review allows us to answer questions and give you a reasonable idea of what to expect. You can contact Kampinski & Roberts, LPA, Ohio, now and schedule your free consultation by calling 440-597-4430 or sending an email.