Free Case Evaluation
Cleveland Birth Injury Lawyer
The birth of a child should be a joyous occasion filled with hope and anticipation. However, when preventable traumas occur during childbirth, they can lead to serious health issues for both the baby and the mother.
At Crandall & Pera Law, LLC, we understand the profound impact that birth injuries can have on families. We are here to provide support and legal guidance to those who have experienced the trauma of a serious birth injury in Cleveland. Our team of experienced Cleveland birth injury lawyers is dedicated to advocating for your rights and seeking the compensation you deserve.
Free Case Evaluation
Why Choose Our Cleveland Birth Injury Lawyers?
When it comes to handling birth injury cases in Cleveland, Crandall & Pera Law, LLC stands out as a trusted advocate for families. With over 50 years of injury law experience, 250+ five-star reviews, and a track record of successful cases, our team has earned a reputation for excellence.
Our track record speaks volumes about our dedication to securing justice for our Ohio clients.
Here are just a few examples of our past successes in challenging birth injury cases:
- $4.65 Million Settlement: In a case involving nurses at a Cincinnati hospital, we successfully obtained a $4.65 million settlement. This case revolved around the failure to react quickly to warning signs during delivery. The nurses attempted to blame an OB, but our thorough investigation revealed the truth. The OB indicated he was in the on-call sleeping room the entire night and was never called in a timely manner. This negligence led to a birth injury, and it was apparent that the nurses had falsified records to cover their actions. Despite their resistance, we pushed this case to the eve of trial before securing a settlement. The funds obtained have been instrumental in providing education, equipment, housing, and nursing care for the brain-damaged child who is now nearing her teenage years.
- $4.6 Million Settlement: In another tragic case, a young, happily married woman nearing the end of her second pregnancy fell ill with strep throat. She sought medical attention at a local hospital, where she was admitted with a fever and other abnormalities in her vital signs. Lab results confirmed her infection, but negligent healthcare providers left the results sitting on the hospital's fax machine unchecked. Her condition worsened, with additional signs of progression ignored. Eventually, she went into labor and tragically died during the birth of her second child. Despite the heartbreaking circumstances, we secured a $4.6 million settlement for her two young children and husband. These funds allowed them to secure college education funds and attempt to rebuild their lives.
- Confidential Settlement in C-Section Injury Case: We recently handled a case involving a 34-year-old married mother of two boys who delivered her third child through a C-section. Unfortunately, a portion of her intestines was injured during surgery, leading to an undiagnosed infection that proved fatal. While the details of this settlement are confidential, our ability to secure justice in such challenging cases demonstrates our dedication to our clients.
Every birth injury case is different, and the verdicts and settlement figures mentioned here are not a guarantee of similar outcomes for other clients and cases.
However, our commitment to pursuing justice and our experience in handling complex birth injury cases make us a trusted choice for those seeking representation in their time of need.
When you choose Crandall & Pera Law, you choose a team dedicated to making a difference in the lives of our clients.
We have conveniently located offices in Cleveland at 850 Euclid Avenue #1122 near the Cleveland Public Square and Progressive Field, ensuring that we are easily accessible to those in need of legal assistance.
We understand the emotional and financial toll that birth injuries can take on families. Our compassionate approach, coupled with our dedication to securing just compensation, sets us apart as a law firm that genuinely cares about the well-being of our clients.
Birth Injury Compensation
The value of a birth injury case can vary significantly based on factors such as the severity of the injury, the long-term effects on the child and family, and the circumstances surrounding the injury.
Crandall & Pera Law, LLC, can assess the specifics of your case and provide you with a clear understanding of the potential compensation you may be entitled to:
Medical Expenses
Compensation for all past and future medical expenses related to the birth injury. This includes hospital stays, surgeries, medications, therapies, assistive devices, and any necessary medical equipment.
Rehabilitation Costs
Coverage for ongoing rehabilitation and therapy required to help the child recover or manage the consequences of the birth injury. This may include physical therapy, occupational therapy, speech therapy, and more.
Long-Term Care
Compensation for the costs associated with long-term care, especially if the birth injury results in permanent disabilities that require specialized care, such as home healthcare or assisted living facilities.
Pain and Suffering
Pain and suffering damages compensate for the physical pain, emotional distress, and loss of enjoyment of life experienced by the child and the family due to the birth injury. These damages are challenging to quantify but are necessary for the overall well-being of the affected individuals.
Loss of Income
If the birth injury leads to the child's inability to work in the future or requires extensive care from the parents, compensation may be sought to cover the loss of future income, including potential career advancements.
Disability and Impairment
Compensation for the impact of the birth injury on the child's quality of life and daily functioning. This may include damages for the loss of abilities, independence, and the need for ongoing assistance and support.
Punitive Damages
In extreme cases where the healthcare provider's actions were particularly egregious, punitive damages may punish the negligent party and deter similar conduct.
Wrongful Death Compensation
If the birth injury leads to the tragic loss of the child's life, the family may pursue compensation for wrongful death. This can include funeral expenses, emotional distress, and more.
Legal Fees and Costs
In many birth injury cases, legal fees and costs associated with pursuing the lawsuit can be covered as part of the compensation awarded.
Where Can Birth Injuries Occur in Cleveland?
In Cleveland, birth injuries can occur in various healthcare facilities, including The Cleveland Clinic Foundation, University Hospitals of Cleveland, Rainbow and Babies Children's Hospital, Lake Health Hospital, TriPoint Medical Center, Ahuja Medical Center, Southwest General Hospital, and Metro Health Center. These are just a few examples of the regional hospitals where birthing-related traumas can take place.
Our Focus on Cleveland Birth Injuries
Our birth injury lawyers in Cleveland handle a wide range of birth injury cases, including:
- Cerebral palsy
- Hypoxic ischemic encephalopathy (HIE)
- Ischemic brain damage due to trauma
- Ischemic brain damage due to Pitocin administration
- Brachial plexus injuries
- Kernicterus
- Pregnancy-induced hypertension/HELLP syndrome/postpartum cerebral angiopathy
- Bleeding in the brain and swelling
- Stillbirths
- Infection worsened by failure to administer antibiotics
- Complications from delayed or negligent cesarean section (C-section)
- Preeclampsia complications
Fighting the Insurance Company After a Birth Injury
Taking on insurance companies alone can be an incredibly challenging aspect of a birth injury claim. Insurance companies often use tactics to minimize their payouts, such as:
Disputing Liability
One common strategy used by insurance companies is to dispute liability, claiming that their insured healthcare provider did not cause the birth injury.
Our experienced legal team conducts thorough investigations, consults with medical experts, and gathers substantial evidence to establish liability. We build a compelling case that clearly demonstrates the healthcare provider's negligence as the cause of the birth injury.
Minimizing Damages
Insurance companies may attempt to minimize the extent of damages suffered by the affected child and their family, aiming to reduce the compensation owed.
Crandall & Pera Law, LLC, leverages our experience in birth injury cases to accurately assess the full scope of damages, including long-term medical needs and emotional distress. We work with medical professionals and specialists to provide a comprehensive understanding of the child's injuries and their future impact.
Delaying the Claims Process
Insurance companies may intentionally delay the claims process, hoping that claimants will grow frustrated and settle for less. At our firm, we understand the importance of expediency in birth injury cases, as early intervention and support can significantly impact the child's outcome.
Our firm is proactive in pushing for a fast resolution, holding insurance companies accountable for any unjustified delays.
Offering Low Settlements
Insurance adjusters may offer low settlement amounts early in the process, hoping to close the case quickly and cost-effectively. We carefully evaluate all settlement offers to ensure they truly reflect the full extent of damages.
Crandall & Pera Law, LLC, will not accept settlements that do not adequately address our clients' needs. We negotiate aggressively on your behalf, aiming for fair and just compensation.
Challenging Causation
Insurance companies may argue that the birth injury was not directly caused by the healthcare provider's negligence but rather by pre-existing conditions or other factors.
We collaborate with top medical experts who can provide expert testimony to establish a clear link between the healthcare provider's actions and the birth injury. Our evidence-based approach strengthens our clients' claims.
Denying Coverage
In some cases, insurance companies may outright deny coverage, leaving families without financial support.
Crandall & Pera Law, LLC, can challenge insurance denials through legal action when necessary. We ensure that our clients' rights are protected, and we pursue all available avenues to secure the compensation they deserve.
By anticipating and countering these insurance tactics, our firm is dedicated to protecting the rights of our clients. We have a track record of success in birth injury cases, and we are relentless in our pursuit of justice and fair compensation for families affected by birth injuries.
What to Do After a Birth Injury
After a birth injury, it's time to take specific steps to protect your case:
✅Follow All Medical Treatment Plans and Keep Records
Adhere to all recommended medical treatment plans for the affected child. This includes attending doctor's appointments, therapies, surgeries, and any prescribed medications.
Keep detailed records of all medical treatments, procedures, and medications administered. Note the names of healthcare providers, dates of appointments, and descriptions of the treatment provided.
Following medical treatment plans not only ensures the child's well-being but also establishes a clear record of the care received, which can be valuable evidence in your birth injury case.
✅Keep Receipts and Documentation of All Expenses Related to the Injury
Birth injuries often result in substantial expenses, including medical bills, therapy costs, and additional care requirements.
Keep copies of all invoices, receipts, and bills related to these expenses. Document any out-of-pocket costs, including travel expenses for medical appointments, parking fees, and any other costs incurred due to the birth injury.
This record-keeping helps establish the financial impact of the birth injury and aids in calculating compensation for past and future expenses.
✅Maintain a Journal Documenting Your Experiences and the Impact of the Birth Injury on Your Family
Keeping a journal can be a powerful tool for documenting the emotional and practical aspects of life after a birth injury.
Describe the child's daily experiences, challenges, and milestones. Include any pain, discomfort, or limitations they may be experiencing. Document the emotional toll on the family, including stress, anxiety, and changes in family dynamics.
A journal provides a personal narrative of the birth injury's impact, offering insight into the child's and family's experiences, which can be compelling in demonstrating non-economic damages, such as pain and suffering.
✅Obtain Copies of Any Relevant Medical Records or Reports
Request copies of all medical records and reports related to the birth injury. This includes prenatal records, delivery room records, neonatal intensive care unit (NICU) records, and any subsequent medical evaluations.
Make sure that these records are complete and accurate. Review them for any discrepancies or omissions. Medical records serve as evidence in establishing the facts surrounding the birth injury, including any negligence on the part of healthcare providers.
Seek Legal Advice from Crandall & Pera Law, LLC, to Discuss Your Case and Explore Your Legal Options
Consulting with experienced birth injury attorneys is a significant step in protecting your rights and pursuing a successful case.
Crandall & Pera Law, LLC, can provide guidance on the legal aspects of your birth injury case, including assessing liability and estimating damages. Early legal consultation allows our legal team to begin investigating your case promptly, preserve evidence, and ensure that critical deadlines are met.
If you've experienced a birth injury in Cleveland, don't hesitate to reach out to us for a free case evaluation.
Our dedicated Cleveland personal injury lawyers are here to listen to your story and provide the guidance and support you need during this challenging time. Contact us today at (216) 220-0000 and let us fight for your rights.
Related: