Charles E. Boyk Law Offices, LLC
Toledo birth injury medical malpractice symptoms are often indicative of some sort of serious injury, whether it is cerebral palsy, breathing difficulties, orthopedic difficulties, neurological difficulties, or brain damage. Any sort of serious injury potentially can be discussed with the attorney and a reviewing doctor. If you believe your child is exhibiting symptoms of a birth injury, consult a qualified birth injury attorney that can help.
Unfortunately, a serious injury does not mean there was a departure from the standard of care. Unless there is a serious injury, it probably does not justify the expense of doing the thorough review. When there are serious permanent injuries to the child, it may justify ordering the records and having a board-certified specialist review all the records. In a lot of cases, the parent does not know the reason for the birth injury. Part of that may be that if there are mistakes made, all of that information is not communicated to the parents. To make an intelligent decision, all of the birth records, most likely the prenatal care, and the medical chart from OB-GYN need to be ordered and analysis done by a board-certified OB-GYN or another board-certified specialist if it is determined that is the potential cause of the problem.
Cerebral palsy is a medical term for neurological disorders. In the context of birth injuries, cerebral palsy cases happen when there is not enough oxygen reaching an infant’s brain during the labor process or during the birthing process.
Most children who have cerebral palsy are born with it, but it might take several years to make a correct diagnosis. Typically, cerebral palsy occurs in two to four out of thousand births in the United States. Toledo birth injury medical malpractice symptoms for cerebral palsy include involuntary movements, difficulty in swallowing, the inability for the child to maintain posture, low muscle tone, distorted sense of balance, tremors, and difficulty with coordinated muscle movements.
Typically, it is a situation where the doctors fail to detect or treat infections by the mother during the pregnancy. It could be a situation where they fail to monitor the fetal heart rate during labor or during the birth. It could be a situation where they fail to detect a prolapsed umbilical cord or did not plan and schedule a cesarean section. There could be a delay in performing or failure to perform a cesarean section procedure. It also could be a situation where there was negligence or mistakes in using instruments, like a vacuum or forceps, in performing a delivery situation. Toledo birth injury medical malpractice symptoms for Erb’s Palsy would include bad muscle tone, spasms, and involuntary movement. Those would be typical symptoms.
Typically the statute of limitations to break a claim is one year after the child’s 18th birthday. Therefore, there is plenty of time to bring the claim. An example might be that the birthing process is uneventful and the child appeared fine. Then problems develop three or six months later. In that situation, oftentimes it makes sense for the reviewing doctor to order all of the prenatal care of the mother, the OB-GYN records, and the records from birth so that the reviewing doctor can have an extensive history to try to figure out the puzzle of the cause of the injury.
The statute of limitations for the child would be one year after their 18th birthday. Typically, the day before their 19th birthday would be the statute of limitations for granting the child’s claim. However, lawyers would want to bring the claim much earlier. The reason is typically hospitals or medical doctors are only required to keep the medical records for 10 years.
If somebody comes in with a claim from 10 or 20 years ago, trying to obtain certified medical records from that period of time would be extremely difficult. Furthermore, trauma could happen to the child in the resulting years after the birth injury.
Lawyers would prefer to get involved in a case sooner than later to monitor the situation and not have a gun into their head as far as bringing the lawsuit. If an individual wants to know more about Toledo birth injury medical malpractice symptoms and pursuing a case before the statute of limitations ends, they should consult a compassionate medical malpractice attorney.