Birth Trauma Litigation
“This is to be clearly distinguished from birth defects that happen prior to birth and were likely the result of genetic flaws or other processes during the pregnancy,” said Cleveland malpractice attorney Christopher Mellino.
Statistically speaking, birth injuries occur in roughly five out of 1,000 births. Typically, they are the result of a nurse, mid-wife, or doctor failing to properly assess or react to conditions that arise during pregnancy or during the baby’s delivery.
Not every birth injury warrants a medical malpractice claim. In fact, in order to file such a lawsuit, the injuries must be severe and debilitating, since these cases can be extremely costly to pursue. An attorney will spend many hours reviewing medical records, interviewing potential expert witnesses to testify on the plaintiff’s behalf, and conducting depositions.
“It’s not unheard of that medical negligence claims can cost over $500,000,” said Mellino, who’s litigated numerous cases in which a baby suffered permanent brain damage, shoulder dystocia, Erb’s palsy or cerebral palsy. “Unfortunately, there’s a high number of cases that go unreported because the parent’s are not aware they may be victims of medical negligence or because the injuries may not be that serious.”