A birth injury claim is a legal action seeking compensation for harm suffered by a baby or the mother during pregnancy, labor, or delivery because of a healthcare provider’s negligence.

To successfully file a birth injury lawsuit, you must prove the following elements:

1. Duty of Care: The medical professional owed a standard of care to the patient.

    

2. Breach of That Duty: The care given fell below accepted medical standards.

    

3. Injury or Harm: Your child suffered an avoidable injury as a direct result of that breach.

    

If these elements are established, you may be entitled to compensation through a birth injury lawsuit in Ohio.

When a minor child receives a settlement or court award, Ohio courts take specific steps to ensure the funds are safeguarded until the child turns 18.

Here’s what typically happens:

• Court Approval Is Required: Any settlement involving a child must be approved by an Ohio judge to confirm it serves the child’s best interests.

• Funds Are Placed in a Restricted Account: Most of the compensation is deposited into a court-controlled bank account or trust, which cannot be accessed without court approval.

• A Parent or Guardian Acts on the Child’s Behalf: A parent or legal guardian (sometimes called a next friend) is appointed to represent the child during the legal process.

Key Responsibilities Include:

• Maintaining contact with the court regarding the child’s account

• Requesting court-approved withdrawals if funds are needed early (for things like medical care, therapy, or home modifications)

• Ensuring all funds are used strictly for the child’s benefit

If you have questions about how compensation for a child is handled in an Ohio birth injury case, contact Attorney Michael Wright today for a free consultation.

In Ohio, medical malpractice lawsuits—such as birth injury claims—are generally subject to a one-year statute of limitations from the date the injury occurred or was reasonably discovered. However, when the injured party is a minor child, the law may extend the filing deadline until the child turns 18. Despite this, courts often expect a parent or guardian to file the claim much earlier, especially once the injury becomes known. Because birth injury cases involve strict and complex deadlines, it’s crucial to consult with an attorney as soon as you suspect negligence.

Errors in childbirth can lead to serious, lifelong conditions, such as:

• Cerebral Palsy

   

• Brain Damage

   

• Permanent Nerve Injuries

   

These injuries often carry substantial financial and emotional challenges that families are not prepared to face alone. A birth injury attorney can help you secure the resources needed for your child’s care and future.