Representing Families After Birth Trauma
Welcoming a newborn should be one of life’s most joyful moments. Yet for thousands of Ohio families each year, a birth injury can suddenly turn celebration into heartache. When this happens, families often turn to trusted legal advocates for help. At Gallon, Takacs & Boissoneault, our Ohio birth injury attorneys are here to provide compassionate support and experienced representation. Whether the cause is oxygen deprivation, surgical errors, improper use of forceps, or medication mistakes, medical negligence can inflict lasting harm on both infants and mothers—with consequences that span a lifetime.
That’s why, we combine client-focused care with aggressive legal advocacy. We understand the physical, emotional, and financial toll these injuries create. Our goal is simple: to hold negligent providers accountable and secure the compensation families need for medical care, therapy, adaptive equipment, and long-term peace of mind.
2025 Birth Injury Statistics in Ohio
Accurate, up-to-date statistics reveal both the scope of the problem and the urgent need for legal recourse.
• Nationally, about 6.6 out of every 1,000 births result in a significant birth injury.
• In Ohio specifically, that rate mirrors the national average—meaning nearly 7 infants per 1,000 suffer trauma during labor or delivery.
• Notably, male infants face a higher risk—6.9 per 1,000 compared to 5.1 per 1,000 female infants—due in part to larger average birth weight.
• Common injuries, such as broken clavicles, brachial plexus damage (Erb’s palsy), and neonatal brain trauma, account for thousands of cases each year across Ohio’s hospitals.
Taken together, these numbers translate into real families coping with surgeries, long-term rehabilitation, special schooling, and, in some tragic cases, lifelong disability. Clearly, understanding these figures underscores why consulting an experienced birth injury lawyer in Ohio is critical as early as possible.
Common Causes of Birth Injuries
While some birth complications are unavoidable, many injuries stem from medical malpractice:
- Delayed or Unnecessary C-Sections • Waiting too long for a surgical delivery can deprive an infant of oxygen, leading to hypoxic-ischemic encephalopathy (HIE). • Conversely, an unneeded C-section carries its own surgical risks for mother and child.
- Forceps and Vacuum Extraction Errors • When forceps or vacuum extractors are applied incorrectly, they can cause skull fractures, nerve damage, or intracranial bleeding.
- Failure to Monitor Fetal Distress • Electronic fetal monitoring is designed to alert providers to irregular heart rates or oxygen drops. Ignoring or misreading these signals can be disastrous.
- Medication Mistakes • Over-medicating or administering the wrong drug during labor can harm the baby’s developing organs or cause neurological issues.
Any deviation from accepted medical standards—failure to call a specialist, misinterpret a test, or communicate adequately—can form the basis of a birth injury claim in Ohio.
Most Common Birth Injuries and Their Impact
• Cerebral Palsy A group of disorders affecting movement and posture, often caused by oxygen deprivation at birth.
• Brachial Plexus Injuries (Erb’s Palsy) Nerve damage in the shoulder and arm, leading to weakness or paralysis.
• hypoxic-Ischemic Encephalopathy (HIE) Brain injury resulting from insufficient oxygen or blood flow—can lead to developmental delays or seizures.
• Skull Fractures and Intracranial Hemorrhage Trauma from delivery tools or head mispositioning.
• Clavicle Fractures Bones can break under pressure during a difficult vaginal delivery.
These conditions often require surgeries, physical and occupational therapy, speech therapy, and long-term educational support. Total lifetime care costs for a child with cerebral palsy alone can exceed $1 million, placing an enormous burden on families already coping with emotional trauma.
Navigating Legal Rights in Ohio
When medical professionals fail to uphold their duty during childbirth, the consequences can be devastating. Fortunately, Ohio law gives families the right to pursue a medical malpractice claim when negligence results in a birth injury. To build a successful case, an Ohio birth injury lawsuit must clearly establish the following legal elements:
Duty of Care: The healthcare provider had a legal responsibility to deliver competent and appropriate medical attention.
Breach of Duty: The provider’s actions—or failure to act—fell below the accepted standard of care in similar circumstances.
Causation: Importantly, it must be shown that this breach directly caused the injury to the infant or mother.
Damages: Finally, the family must demonstrate measurable losses—ranging from medical expenses and therapy costs to emotional distress and pain and suffering.
In addition, Ohio enforces a statute of limitations for medical malpractice—generally one year from the date the injury was discovered or reasonably should have been discovered. Because of this, prompt legal action is essential. An experienced Ohio birth injury lawyer can help you gather the necessary medical records, secure expert testimony, and meet all critical filing deadlines.
The Birth Injury Lawsuit Process
Navigating a birth injury claim can feel overwhelming—but understanding the legal process helps ease uncertainty. At Gallon, Takacs & Boissoneault, we guide families through every step with clarity and care. From the initial consultation to a possible trial, here’s how we work to protect your child’s future:
Free Consultation & Case Evaluation: We begin by reviewing your loved one’s medical history, delivery records, and injury outcomes—at no cost to you.
Medical Expert Review: Next, board-certified obstetricians, neonatologists, and neurologists carefully analyze whether substandard care occurred.
Filing the Complaint: Once we identify negligence, we prepare and file a detailed legal complaint outlining the wrongful acts and the damages your child has suffered.
Discovery & Negotiation: During this phase, both sides exchange evidence. Meanwhile, we handle all depositions, medical record reviews, and negotiations to seek the maximum compensation your family deserves.
Settlement or Trial: In many cases, providers agree to a fair pretrial settlement. However, if the insurer refuses to negotiate in good faith, we are fully prepared to pursue justice at trial.
Throughout the entire process, your family receives compassionate, consistent guidance. We know you’re juggling doctor visits, therapy sessions, and emotional uncertainty—and our goal is to lighten that burden while fighting for your child’s future.
Preventing Future Birth Injuries: Standards of Care
While litigation can secure compensation, preventing birth injuries remains paramount. To that end, hospitals and clinics must:
Consistently maintain up-to-date electronic fetal monitoring systems.
Ensure staff are thoroughly trained on timely decision-making for C-sections.
Strictly adhere to established protocols for forceps and vacuum use.
Diligently verify all medications and dosages through double-check systems.
In turn, by highlighting negligent practices through legal action, Ohio birth injury lawsuits serve a broader purpose: they encourage medical providers to reinforce safety measures, ultimately reducing risks for future families.
Experienced Birth Injury Lawyers You Can Trust
No parent expects to fight for their child’s health and well-being after leaving the hospital. Yet, when medical negligence causes birth trauma, families suddenly face overwhelming emotional and financial challenges. In these situations, they deserve justice—and the resources to ensure their child thrives.
That’s where we come in. At Gallon, Takacs & Boissoneault, our Ohio birth injury attorneys bring over 70 years of experience and a proven record of securing multi-million-dollar verdicts and settlements. With a deep commitment to our communities, we represent families throughout Ohio, Southeast Michigan, and Northeast Indiana. However, it’s important to note that we handle workers’ compensation cases only in Ohio.
You don’t have to navigate this journey alone. Contact us today at 419-843-6663 or use our convenient online form to schedule your free, no-obligation consultation. Above all, let us put our experience to work—so your family can focus on healing.
