When a Delivery Becomes a Life-Altering Event

Pregnancy and childbirth come with enough emotion and stress on their own. When a preventable medical mistake causes harm during labor or delivery, families may be thrown into a world of NICU stays, diagnoses, and overwhelming questions. Parents often struggle with guilt, anger, and grief while trying to focus on what their child will need moving forward.

Birth injury cases are not only about medical records. They are about long-term planning. Many families must prepare for years of therapy, medical care, assistive equipment, and special education needs. These cases require careful investigation, expert support, and a highly knowledgeable and respected childbirth injury lawyer who takes time to listen and build a strategy that protects your child’s future.

We take that pressure off so your family can focus on healing. 

woman in hospital bed in pain

What Is a Birth Injury Claim?

A birth injury claim is a medical malpractice claim that seeks compensation when a healthcare provider’s negligence during pregnancy, labor, or delivery causes harm to a baby or mother. Birth injuries can occur when providers fail to respond to fetal distress, delay an emergency delivery, misuse delivery tools, or fail to manage complications properly.

These cases often require expert review because the central question is whether the care met the accepted medical standard and whether different actions would likely have prevented the injury. In Ohio, medical malpractice cases are governed by specific legal standards and time limits, which are outlined within the Ohio Revised Code. Understanding those requirements early can be important in protecting a family’s ability to pursue accountability.

What Are the Benefits of Working With a Medical Malpractice Attorney for Childbirth Injuries?

  • A Thorough Review of the Delivery and Medical Records. Birth injury cases depend on detailed medical evidence, including fetal monitoring strips, delivery notes, Apgar scores, and NICU records. Legal counsel helps uncover what happened and what should have occurred.
  • A Claim Built Around Lifelong Needs. Many birth injuries involve long-term therapy, adaptive equipment, and future medical care. A strong claim accounts for ongoing treatment, specialized education needs, and long-term financial stability.
  • Guidance Through a Difficult and Emotional Process. Families are often coping with trauma, fear, and exhaustion. A childbirth injury lawyer helps create clarity, protect deadlines, and provide a structured path forward without adding pressure.
  • Trial-Ready Preparation When the Stakes Are High. Birth injury cases may be defended aggressively by hospitals and insurers. A trial-ready approach helps position the case for fair resolution and protects your child’s long-term future. But even when a lawsuit is filed, many cases still resolve through settlement before trial ever becomes necessary.

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Does My Situation Require a Childbirth Injury Attorney?

You may need legal guidance if your child suffered an unexpected injury during delivery, required intensive medical care, or was diagnosed with a condition that appears linked to labor or delivery complications.

Even when a child’s symptoms are not immediately clear, some birth injuries are not fully understood until months or years later, when developmental delays appear. Because developmental delays may not be obvious in the early months, families often monitor milestones closely, and the CDC Developmental Milestones resource can help parents understand common developmental markers that may signal the need for further evaluation.

Families should also consider seeking guidance if there are signs of fetal distress, emergency intervention, delayed decision-making, improper use of forceps or vacuum extraction, shoulder dystocia complications, or a failure to perform a timely C-section. A confidential consultation with one of our childbirth injury attorneys can help you understand whether malpractice may be involved and what evidence could support a claim.

The Case Process What to Expect

Step One: Listening to Your Story and Gathering Records

We begin by listening to what happened and learning what your child is facing now. We then gather medical records from pregnancy, labor and delivery, and post-birth treatment, including NICU care and pediatric follow-up.

Step Two: Expert Review and Case Evaluation

Birth injury cases typically require review by qualified medical experts. This step helps determine whether the standard of care was met and whether a different course of action could have prevented harm.

Step Three: Building the Claim Around Long-Term Needs

If malpractice is supported by the evidence, we build a claim that reflects both current medical expenses and future needs. This often includes therapy, ongoing treatment, assistive technology, and long-term care planning.

Step Four: Negotiation or Litigation

Some cases resolve through negotiation, while others require litigation to pursue accountability. We work with you to decide what path aligns with your goals, and we prepare every case to withstand close defense scrutiny.

Common Types of Birth Injuries

Birth injuries can affect a child’s physical development, neurological function, and long-term independence. Some of the most serious birth injuries include:

  • Oxygen deprivation injuries, including hypoxic ischemic encephalopathy
  • Cerebral palsy related to birth trauma or a lack of oxygen
  • Brachial plexus injuries, including Erb’s palsy
  • Fractures or nerve injury during delivery complications
  • Brain bleeds or seizures
  • Injury from forceps or vacuum misuse

These injuries may require long-term physical, occupational, and speech therapy, along with ongoing medical monitoring. The goal in a birth injury case is to establish what caused the injury and what your child will need for stability and quality of life.

“I came to the Stuckey firm with a very serious case that involved my child. Nathan and his team were so kind, caring, and quick to get my case settled. They exceeded our expectations and made sure everything was taken care of with no added stress to my family. Winning our case!! I am so grateful to the Stuckey firm. Highly recommend the Stuckey Firm for your legal matters.”

—K.K.

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Why Choose a Childbirth Injury Lawyer With The Stuckey Firm?

A Client-First Firm That Works With You

Birth injury claims require trust, patience, and clear communication. We work with you, not just for you, helping you understand your options and making sure your family stays informed and supported throughout the process.

Trial-Ready Preparation for High-Stakes Claims

Hospitals and insurers often defend birth injury cases aggressively. We prepare thoroughly, work with qualified experts, and build evidence that reflects the full medical reality, including long-term care needs and future planning.

Credibility That Strengthens the Case

Our attorneys are respected statewide and known for bringing well-prepared, meritorious cases. That credibility matters when your child’s future is on the line, and the defense is attempting to minimize responsibility or deny long-term impact.

Birth Injuries Frequently Asked Questions

What is the difference between a birth injury and a birth defect?

A birth injury is harm that occurs during pregnancy, labor, or delivery, often linked to medical care. A birth defect is typically a condition that develops before birth and may not be caused by delivery complications.

What if my child’s symptoms did not appear right away?

Some birth injuries are not fully recognized until developmental delays emerge. Medical records and early pediatric evaluations may still support a claim, but timing matters, so it is important to speak with counsel as soon as concerns arise.

How long do I have to file a birth injury claim in Ohio?

Time limits can be strict and may involve special procedural requirements. Because timing is critical in malpractice cases, it is best to speak with a childbirth injury attorney early to protect your rights and preserve evidence.

How do you prove a birth injury was caused by medical negligence?

Birth injury cases rely on medical records, expert review, and evidence showing the provider failed to meet the standard of care. The claim must also show that the negligence likely caused the injury and that the injury resulted in damages.

Do birth injury cases include future medical care costs?

Yes. When supported by medical evidence, a claim can include future therapy, equipment, home modifications, specialized education needs, and long-term care. These projected needs are often central to building an appropriate recovery plan.

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Get Answers About a Birth Injury

If your child suffered an injury during birth and you are looking for clarity and support, we are here to help. Contact The Stuckey Firm to schedule a confidential consultation and get straightforward guidance on whether malpractice may be involved and what the next steps could look like.

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If you’re unsure what to do next, we’re here to listen and help you understand your options

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