What rights do I have in Ohio if my baby suffered a broken bone during birth?

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Answered by: Jerald A. Schneiberg

Nager, Romaine & Schneiberg Co., L.P.A.
Euclid, OH
Phone: 216-289-4740
Fax: 216-289-4743

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Broken bones attributed to childbirth injuries are more common than you think, but they shouldn’t be. You entrusted the birth of your child to an experienced obstetrician, but he or she failed. Something preventable has happened due to a health care professional’s negligence and carelessness. 

Medical malpractice now comes to the forefront. The physician had a professional obligation, but breeched that duty. As a result, you and your family are entitled to file a lawsuit against the health care company, hospital, physician or other health care workers involved in the birth injury of your child. A settlement is essential, because your child sustained a preventable injury.

Common newborn bone fractures

Fractures to the infant as well as mother are potential hazards during delivery. Among the more common newborn bone injuries include:

  • A broken collar bone: This may occur if the obstetrician pulls too hard on the baby while it’s in the breech position.
  • Femur fractures: They can take place during a breech delivery.
  • Skull fractures: They may occur from natural pressure during delivery, mistakes made by the health care team or – more commonly – excessive force in use of instruments such as a forceps or vacuum extractors. 

Physicians must be thorough in their examinations of the expectant mother and fetus before childbirth.  An examination checklist should include determining the infant’s weight because babies with higher birth weights as well as premature ones can sustain broken bones during childbirth. A pelvic examination of the mother also may determine whether the pelvis is the right size for a vaginal birth.

In doing so, the physician may prevent childbirth injuries, allowing for a safe and routine delivery.

Pursuing legal action after physician’s mistake

Plenty of risks exist during childbirth, but you do not expect one of them to be a physician’s mistake that leads to a broken bone sustained by your child. The result: more medical treatment for your child, more medical bills, and unexpected complications and worries. 

Such a scenario gives you and your family every right to pursue legal action. An experienced personal injury attorney will help you secure a fair and just settlement either through negotiation or in a courtroom trial. A legal advocate on your side understands the complexity of medical evidence, and has the ability to counter defense claims that your child’s injury could not be avoided. A skilled lawyer also can help you and your family determine the type and amount of damages to your claim.


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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