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• The Importance of Witnesses in an Ohio Personal Injury Case

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Birth Injuries: Should You Consult A Birth Injury Attorney?

Giving birth is supposed to be a time of joy and excitement as well as the physical pain of labor and delivery, but unfortunately as birth injury attorneys frequently see this is not always the case. Sometimes the result of all your hard work and pain is a baby who has birth injuries, and these injuries can range from mild bruising up to fractures and other serious injuries, or even death in some cases. Birth injury attorneys understand that birth injuries are not always the result of medical malpractice, and sometimes even the best efforts by the physician are not enough and an infant will have birth injuries due to events beyond the control of the doctor. Sometimes this type of personal injury is the result of a medical error or mistake though, and a consultation with a birth injury attorney can help you determine if there is a personal injury claim involved.

A birth injury attorney can examine all of the documented medical evidence and any other medical records to determine whether the birth injuries your baby experienced were the result of a medical mistake or error, and if there is any personal injury claim that may be appropriate. Birth injury lawyers usually have an extensive network of medical experts and specialists who can be consulted, and these experts can evaluate the medical test results and other medical records to help determine whether the physician in your case was negligent, or if the doctor met the standard of care. In Ohio a medical specialist must provide medical care at or above the medical standards of the average specialist in the area. It is up to a jury to decide whether or not the doctor’s actions fell below this standard of required medical care. When birth injuries occur because of negligence, also known as carelessness, then a birth injury attorney can help you and your child receive the compensation that is deserved for these actions, or for the failure to act by medical professionals.

Often birth injuries are preventable, and birth injury lawyers are experienced in evaluating all of the facts and medical records to see if there is cause for a personal injury claim. Proper diagnosis and treatment is important, because there are many common birth injuries and a personal injury claim settlement will only reflect the birth injuries which are backed by documented medical evidence. Birth injury attorneys understand what evidence is needed, and what testing and results may be beneficial. If your child was born with birth injuries caused by the negligence or carelessness of the doctor or other members of the medical staff then you are entitled to bring a personal injury claim on their behalf, as long as you are the parent or guardian of the child. A birth injury attorney will obtain copies of any fetal heart rate test results, as well as copies of all lab work performed and any other testing or treatment provided. This will help the birth injury lawyer evaluate the cause of the birth injuries, and to determine whether due diligence was used and the standard of care was adhered to during the labor and delivery process.

There are many different common birth injuries that occur, and experienced birth injury lawyers are familiar with these injuries and the possible causes. Some of these injuries are only temporary and will disappear after days or weeks, but others are permanent and can have devastating consequences, both for you and your child. Birth injury attorneys understand complications during this process, and will work with the physicians treating your child now to accurately diagnose all of the injuries sustained during birth, and pinpoint the cause of each. Cord blood testing after birth will chart the levels of oxygen and other blood gases, as well as determine other important elements present in the blood. An experienced birth injury attorney will have medical associates who can view these testing results and decide whether or not the baby suffered from fetal distress, low oxygen levels, high blood acidity, or any signs of negligence on the part of the doctor and nurses. In some cases it may be advisable to have genetic testing performed, to rule out a genetic cause of the birth injury. This technology is still new, and many physicians may not understand the test and how to evaluate the results. A birth injury attorney understands the importance of documented medical evidence, and will work with your child's doctors and specialists to ensure that you and your child are fairly compensated for any injuries and losses caused by the carelessness of medical professionals, both during and immediately after birth.

Some of the most common birth injuries can range from mild to fatal, and are seen frequently by birth injury lawyers. Bruising to the head and face may be caused by pressure in the birth canal, but if forceps or other equipment was used to help the birthing process this can also result in severe bruising if the proper care was not used. Birth injury attorneys can evaluate whether Apgar scores given to your baby right after birth are indicative of an underlying problem, and what part a doctor or nurse played in these injuries or complications. A common problem addressed by birth injury lawyers is a delay in performing a Cesarean section as soon as fetal distress occurs. Fetal distress will show on the fetal heart rate monitoring results, and if your doctor waited to avoid surgical intervention then the result can be a lack of oxygen to your baby. This can cause brain damage, and the extent of this damage will be determined by the amount of time that the brain did not receive adequate oxygen. An experienced birth injury attorney will understand the symptoms and causes of these complications. These babies usually score low on Apgar tests, and may have a higher than usual blood acidity level caused by the lack of oxygen.

If your baby is born with any birth injuries at all then you should consult with a birth injury attorney. Common birth injuries include bruising, muscle or nerve damage, fetal distress, hypoxia, brain damage, a lack of sufficient oxygen, encephalopathy, skull or other bone fractures, and even torn nerves. Birth injury lawyers understand the level of medical proof required by the court and the insurance companies, and will help ensure that all of the documented medical evidence is evaluated and included in any personal injury claim. The testing results and medical records from the labor and delivery will be closely examined by medical specialists who are associated with the birth injury attorney, and further testing may be advised to ensure that the correct diagnosis was made. New technologies make it easier to pinpoint the specific cause of birth injuries, and advanced MRIs and other, newer diagnostic technologies can provide visual proof of brain damage and other birth injuries, which can have a big impact on the personal injury settlement offered by the insurance company to your birth injury lawyer, or any awards ordered by the court or jury.


You need an experienced attorney who will fight for the rights of your child aggressively. Call the birth injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243. For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. You can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.

In his new consumer handbook, The Insider's Guide to Handling Ohio Accident Claims, author and Ohio personal injury lawyer David M. Chester gives consumers a rare look at the injury claim process in Ohio. From his position as an experienced "insider,” Attorney Chester explains in simple, easy to understand language, what consumers must know to protect themselves while walking in the mine field of dealing with insurance companies.

Contact us today for a FREE, NO OBLIGATION consultation about your personal injury legal needs.

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