A Columbus birth injury attorney helps families whose child was harmed by medical negligence before, during, or shortly after delivery. Michael D. Christensen Law Offices investigates what went wrong, consults medical experts, and pursues full compensation for your child’s lifetime care across Columbus and Ohio — with no upfront cost.
What Is a Birth Injury?
A birth injury is harm a baby suffers before, during, or shortly after delivery, often caused by medical negligence or oxygen deprivation. These injuries range from temporary conditions that heal to permanent, life-altering disabilities. When the harm results from a preventable medical error — rather than an unavoidable complication — the family may have a legal claim against the providers responsible.
Birth injuries are different from ordinary accidents. They are governed by Ohio’s medical malpractice laws, which carry their own procedures, deadlines, and proof requirements. Understanding whether your child’s condition stemmed from negligence is the first and most important question, and it usually takes a careful review of the medical records by qualified experts.
Birth Injury vs. Birth Defect: What’s the Difference?
A birth injury is caused by something that happens around the time of delivery, while a birth defect is a congenital condition that develops during pregnancy, usually from genetics or development. The distinction matters legally. A birth injury — such as brain damage from oxygen deprivation during a delayed delivery — may be the result of negligence. A birth defect generally is not, although a provider’s failure to diagnose or properly respond to a known condition can still amount to malpractice. Sorting out which one applies requires medical expertise, and it is exactly the kind of question we investigate.
Common Types of Birth Injuries
The most common birth injuries involve the brain, nerves, and bones, and many trace back to oxygen deprivation or excessive force during delivery. These include:
- Cerebral palsy (CP): a group of disorders affecting movement and posture, often linked to brain damage around birth. The CDC’s overview of cerebral palsy explains how the condition develops and its lifelong impact.
- Hypoxic-ischemic encephalopathy (HIE): brain injury caused by oxygen deprivation during labor or delivery, which can lead to CP, seizures, and developmental delays.
- Erb’s palsy and brachial plexus injuries: nerve damage to the shoulder and arm, often from excessive pulling during a difficult delivery.
- Bone fractures: most commonly a broken collarbone during a complicated birth.
- Brain bleeds (intracranial hemorrhage): bleeding in or around the brain, sometimes caused by trauma or improper use of delivery tools.
- Facial and cranial nerve injuries: often associated with forceps or vacuum-assisted deliveries.
- Kernicterus: preventable brain damage from untreated severe newborn jaundice.
What Causes Birth Injuries?
Many birth injuries are caused by preventable medical errors during pregnancy, labor, or delivery. Common forms of negligence include:
- Failure to monitor the baby: not recognizing or responding to fetal distress on the heart-rate monitor.
- Delayed C-section: waiting too long to perform an emergency cesarean when the baby is in danger.
- Improper use of forceps or vacuum: excessive force that injures the baby’s head, brain, or nerves.
- Medication errors: misusing labor-inducing drugs or administering the wrong dose.
- Failure to diagnose or treat maternal conditions: untreated infections, preeclampsia, gestational diabetes, or Group B strep.
- Mishandling umbilical cord problems: failing to address a prolapsed or compressed cord that cuts off oxygen.
Was It Negligence or an Unavoidable Outcome?
Not every difficult birth is the result of malpractice — the key question is whether the provider met the accepted standard of care. Some complications happen even with excellent medical care. A birth injury becomes a legal claim only when a competent provider, acting reasonably under the same circumstances, would have prevented or minimized the harm. Because this turns on detailed medical judgment, these cases require review by qualified experts who can compare what happened to what should have happened. We arrange that review for families so they can get a clear, honest answer — not a guess.
Who Can Be Held Liable for a Birth Injury in Ohio?
Liability for a birth injury can fall on any provider whose negligence contributed to the harm — and often more than one. Potentially responsible parties include:
- Obstetricians and gynecologists (OB-GYNs): for errors in managing labor and delivery.
- Labor and delivery nurses: for inadequate monitoring or failing to alert physicians to distress.
- Anesthesiologists: for medication or epidural errors during delivery.
- Hospitals: for the negligence of their staff, or for systemic failures in training, staffing, or protocols.
Identifying every responsible party matters, because it affects both accountability and the insurance available to fund your child’s care. We investigate the full chain of care, not just the most obvious target.
Proving an Ohio Birth Injury Claim
To win a birth injury claim in Ohio, you must prove the provider owed a duty of care, breached the accepted standard of care, and caused your child’s injury, resulting in damages. These cases are built on medical records and expert testimony — a qualified medical expert must explain how the provider fell short and how that failure caused the harm.
Ohio also imposes a special procedural gate. Under the state’s affidavit of merit requirement (Civil Rule 10(D)(2)), a birth injury lawsuit must be filed with a sworn statement from a qualified medical expert who has reviewed the records, is familiar with the standard of care, and believes it was breached in a way that injured your child. Without a proper affidavit, the case can be dismissed. This is one major reason birth injury claims should be handled by a lawyer who works with medical experts from the start.
Ohio Filing Deadlines for Birth Injury Claims
Birth injury claims are medical claims in Ohio, and the deadlines are short, layered, and easy to miss. In general, the medical-claim statute of limitations (R.C. § 2305.113) requires a claim to be filed within one year of when the injury was or reasonably should have been discovered, and Ohio also imposes a four-year statute of repose that can bar claims regardless of discovery.
Birth injury cases involve an important wrinkle for children. A claim brought on the child’s own behalf is generally tolled (paused) during the child’s minority — meaning it can often be filed any time before the child turns 18, with roughly one year after their 18th birthday for the child to file on their own. However, a parent’s separate claim — for example, for the family’s medical expenses — typically runs on the much shorter one-year clock. Because these rules are complex and depend on the specific facts, you should not rely on a general deadline. Confirm your exact deadlines with an attorney as soon as possible.
Compensation in a Birth Injury Case
Families can recover both economic and non-economic damages, and Ohio places no cap on the economic damages that fund a child’s lifetime care. Compensation may include:
- Medical expenses: past and future surgeries, hospital stays, and treatment.
- Lifelong care costs: therapy, assistive devices, in-home care, and special education — often the largest part of a birth injury claim.
- Lost earning capacity: compensation for the child’s reduced ability to work as an adult.
- Pain, suffering, and loss of life’s enjoyment.
Ohio caps non-economic damages (such as pain and suffering) in most medical claims under R.C. § 2323.43, but catastrophic injuries — including permanent, substantial physical deformity or the loss of a bodily organ system — can qualify for higher limits. Critically, there is no cap on economic damages, so the substantial cost of a child’s lifetime care remains fully recoverable. Because lifetime care for a serious birth injury can reach into the millions, getting these numbers right is essential.
When a Birth Injury Is Fatal
If a birth injury results in the death of an infant, the family may pursue an Ohio wrongful death claim. Losing a baby to preventable medical negligence is a devastating, life-altering loss. Ohio’s wrongful death statute (R.C. § 2125.02) generally allows the estate’s personal representative to file within two years of the death, seeking compensation for the family’s grief, loss, and expenses. We handle these claims with the sensitivity they demand, as part of our broader wrongful death practice.
What to Do If You Suspect a Birth Injury
If you believe medical negligence harmed your baby, acting early protects both your child’s health and your legal rights. Consider these steps:
- Get your child the medical care they need. Their health and a clear diagnosis come first.
- Request the complete medical records. Prenatal, labor, delivery, and newborn records are the heart of any claim.
- Write down what you remember. Names, timing, and what providers said can be valuable later.
- Keep track of expenses and your child’s needs. Document treatments, therapy, and equipment.
- Talk to a birth injury attorney promptly. Because deadlines are short and evidence must be preserved, early advice matters.
How a Columbus Birth Injury Lawyer Helps
A birth injury lawyer investigates the medical care, works with experts, and builds the proof Ohio law requires. When you bring your case to our firm, the process generally includes:
- A free, compassionate case review: we listen to what happened and explain your options honestly.
- Medical records investigation: we obtain and analyze the full record of your care.
- Expert consultation: we work with qualified medical experts to determine whether the standard of care was breached.
- Affidavit of merit and filing: we prepare the sworn expert statement Ohio law requires and file within the deadline.
- Negotiation and trial: we pursue a full settlement and are prepared to take your case to court.
Why Families Choose Michael D. Christensen Law Offices
Birth injury cases demand patience, medical knowledge, and genuine care for the family behind the claim. Attorney Mike is a Columbus-based advocate known across central Ohio as “Call Attorney Mike,” and his firm gives every family direct, personal attention through a difficult time. We serve Spanish-speaking families as well — hablamos español — and we represent families throughout Ohio, not just in Columbus.
We handle birth injury claims on a contingency-fee basis, so you pay nothing upfront and owe no attorney fee unless we recover compensation for your family. There is no cost and no risk to find out whether you have a case. To talk with someone who will listen, contact our Columbus office or request a free case evaluation today.
Columbus Birth Injury & Lawyer FAQs
What is a Birth Injury?
A birth injury is harm a baby suffers before, during, or shortly after delivery, often from medical negligence or oxygen deprivation. It can range from a temporary condition to a permanent disability like cerebral palsy. When the harm was preventable with proper care, the family may have a medical malpractice claim against the responsible providers.
What is the Difference Between a Birth Injury and a Birth Defect?
A birth injury is caused by something around the time of delivery, while a birth defect is a congenital condition that develops during pregnancy, usually from genetics. Birth injuries are more likely to involve negligence. However, a provider’s failure to diagnose or properly respond to a known condition can still be malpractice.
Is My Child’s Cerebral Palsy Caused by Medical Negligence?
Sometimes, but not always. Cerebral palsy can result from preventable problems during labor and delivery, such as oxygen deprivation or a delayed C-section, but it can also have other causes. Determining whether negligence was involved requires a medical expert to review the records and compare the care provided to the accepted standard.
What Are the Most Common Birth Injuries?
The most common birth injuries include cerebral palsy, hypoxic-ischemic encephalopathy (HIE) from oxygen deprivation, Erb’s palsy and brachial plexus nerve injuries, bone fractures, brain bleeds, and kernicterus from untreated jaundice. Many trace back to oxygen deprivation or excessive force during a difficult delivery, and several can cause lifelong disability.
Who is Liable for a Birth Injury in Ohio?
Liability can fall on any provider whose negligence contributed to the harm, including the OB-GYN, labor and delivery nurses, anesthesiologists, and the hospital itself. Often more than one party shares responsibility. Identifying everyone involved matters, because it affects both accountability and the insurance available to fund your child’s future care.
How Do I Know if I Have a Birth Injury Malpractice Case?
You likely have a case if a provider failed to meet the accepted standard of care and that failure injured your child. Not every difficult birth is malpractice, so the answer requires a medical expert to review the records. A birth injury attorney can arrange that review and give you an honest assessment.
How Long Do I Have to File a Birth Injury Lawsuit in Ohio?
Ohio birth injury claims are medical claims with short, complex deadlines. Generally, a parent’s own claim must be filed within one year of discovering the injury, while a claim on the child’s behalf can often be brought before the child turns 18. Because exceptions and a four-year repose apply, confirm your deadline with an attorney immediately.
Can My Child Still File a Claim When They Grow Up?
Often, yes. Under Ohio’s tolling rule for minors, the deadline for the child’s own claim is generally paused until they turn 18, giving them roughly one year after their 18th birthday to file. However, a parent’s separate claim runs much sooner, so families should not wait to seek legal advice.
What is an Affidavit of Merit?
An affidavit of merit is a sworn statement from a qualified medical expert, required by Ohio Civil Rule 10(D)(2) when you file a birth injury lawsuit. The expert confirms they reviewed the records, know the standard of care, and believe it was breached in a way that injured your child. Without it, the case can be dismissed.
How Much is a Birth Injury Case Worth?
Case value depends on the severity of the injury and the lifetime care your child will need. Because serious birth injuries can require millions of dollars in medical care, therapy, and support, these claims are often substantial. An attorney can estimate value after experts assess your child’s condition and future needs.
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