Question

Does An Ohio Birth Injury Lawsuit Account For A Lifetime Of Expenses?

James M. Kelley

Answered by:
James M. Kelley

Located in Mayfield Heights, OH
Elk & Elk Co., Ltd.

James M. Kelley - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: James M. Kelley

Elk & Elk Co., Ltd.
Mayfield Heights, OH

Fax: 440-442-7944

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Answer

One of the most devastating things new parents can go through is a birth injury.

All parents hope for a healthy baby. But those hopes and dreams can be dashed when learning of a birth injury that will affect the baby for life.

A birth injury is emotionally, physically and financially devastating. Often, the child will have lifelong medical needs. Therefore, the injury can cause extreme financial hardship for the family. Many families in this situation choose to pursue legal action to hold the responsible party accountable and to ensure that they have enough money to account for:

  • Medical bills
  • Long-term medical costs
  • Rehabilitation
  • Education costs
  • Diminished quality of life
  • Other unanticipated expenses

Pursuing a birth injury lawsuit may be a viable option for families in the aftermath of a birth injury or loss of a child.

When pursuing a claim, parents want to know about the legal process and what compensation they may be eligible to receive.

It is important to know that a birth injury lawsuit can account for a lifetime of expenses. However, every case is unique – every birth injury is unique. The financial needs of a family will vary depending on a number of circumstances:

  • Current financial needs: The short-term financial needs of families dealing with a birth injury can be overwhelming. Besides medical bills, there may be hospitalization costs as well as rehabilitation and/or assistive devices, depending on the type of injury suffered. Parents may be unable to work while caring for their baby. All of these costs should be considered.
  • Pain and suffering: Life can be challenging for a child living with the effects of a birth injury. The child may be limited physically and academically. Additionally, the emotional toll of a birth injury can affect a family for life.
  • Loss of earning capacity: Parents may be unable to work, or may need to change jobs and/or schedules to care for their child. Additionally, many birth injuries may make it difficult or impossible for a child to hold a job when he or she grows older. That loss should be accounted for when pursuing a birth injury claim.

As you can see, a birth injury can affect the child and the family for life. When pursuing compensation in the aftermath of a birth injury, it is important to consider all of these factors – and to ensure that the attorney is working to understand fully how the injury will affect the whole family for life.

When A Child Or Family May File A Birth Injury Claim

Most birth injuries are preventable. Often, a doctor or other medical provider’s negligence causes or contributes to a birth injury that occurs during the labor and delivery process or in pregnancy.

In Ohio, families have one year past the date of finding out about the injury to pursue a lawsuit. If the child is pursuing legal action individually, he or she must take action within one year of turning 18. There may be exceptions, so it is best to discuss all options with an attorney.

For families dealing with the aftermath of a birth injury, it is advisable to work with an attorney who specifically handles birth injury cases. These are unique and complex cases that should be handled carefully and thoughtfully.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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