Proving Negligence in Medical Malpractice Birth Injury Cases
When a birth injury occurs, families are left with questions, concerns, and significant emotional stress. Some injuries are unavoidable. Others result from decisions made by medical professionals before, during, or shortly after delivery. In those cases, the law allows injured parties to pursue claims under medical malpractice.
For families in Ohio facing this situation, proving negligence is essential to move forward with a claim. The legal process begins with gathering evidence that shows a healthcare provider failed to meet an accepted medical standard and that the failure caused harm. At Wolfe & Mote Law Group, LLC in Columbus, Ohio, they are ready to fight for your rights.
What Makes a Birth Injury a Medical Malpractice Case
Not every birth injury qualifies as medical malpractice. Some outcomes happen even with the best available care. However, when a provider’s conduct falls below accepted standards and leads to injury, a claim may be justified.
To support a claim, the following must be established:
A provider-patient relationship existed
The provider had a duty to follow accepted medical practices
The provider breached that duty through action or inaction
The breach directly caused an identifiable injury
The injury led to measurable harm, such as medical costs or long-term care needs
The burden is on the plaintiff to show each of these elements with credible, well-documented evidence.
Types of Birth Injuries Often Associated With Malpractice
Certain types of birth injuries are more commonly linked to medical malpractice claims. These injuries typically occur when labor or delivery isn't handled properly, or when warning signs are missed during prenatal care.
Examples include:
Brachial plexus injuries (such as Erb’s palsy)
Cerebral palsy related to oxygen deprivation
Skull fractures or brain trauma from forceps or vacuum use
Shoulder dystocia due to improper handling of a large infant
Delayed C-section when signs of distress were present
Each of these conditions can lead to long-term disability, requiring extensive therapy, home care, and educational support.
Identifying a Breach in the Standard of Care
One of the most important steps in a medical malpractice claim is identifying the specific action—or failure to act—that went against accepted medical standards. This is often referred to as a breach of duty.
In birth injury cases, breaches may include:
Failing to monitor fetal heart rate adequately
Delaying a C-section despite signs of distress
Improper use of forceps or vacuum extractors
Prescribing medications that harm the fetus
Missing signs of infection or maternal conditions like preeclampsia
To establish a claim, the injured party must compare the provider's actions to those of a similarly qualified provider under the same circumstances.
The Importance of Medical Records
Medical records are a central part of any birth injury claim. These documents can show how decisions were made, when tests were conducted, and whether protocols were followed. They may include:
Fetal monitoring strips
Labor and delivery notes
Physician and nursing observations
Medication records
Imaging results and prenatal care reports
These records help build a timeline of events. They can reveal delays in treatment, incorrect diagnoses, or failure to respond to emerging problems during labor.
If any records are missing or appear altered, the defense may be called upon to explain the gaps. In some cases, the absence of documentation becomes evidence itself.
Timing and Causation in Birth Injury Cases
Establishing a clear timeline is critical in proving that a provider’s conduct caused the injury. Many birth injuries result from conditions that evolve over hours or even minutes. Demonstrating that the injury happened during labor or shortly after delivery—rather than being congenital—can make or break the case.
Causation may focus on:
When oxygen deprivation occurred
Whether delays in delivery led to fetal distress
If trauma during delivery could have been avoided
Whether monitoring tools showed problems that were ignored
It’s not enough to show that an injury occurred. The plaintiff must show that it was caused by specific actions or decisions that violated medical standards.
Witness Testimony in Medical Malpractice Birth Cases
Witnesses can provide information on how the birth was handled and what was observed. In addition to family members, those called to testify may include:
Delivery nurses who were present
Labor assistants or doulas who observed the process
Hospital staff involved in prenatal care
Neonatal physicians who treated the infant after birth
Their testimony may confirm timelines, clarify conduct, or explain what information was or wasn’t communicated during the process.
Witness statements are especially useful when they support or contradict what's written in medical records.
How Hospitals and Providers Defend These Claims
Hospitals and healthcare providers typically defend medical malpractice birth injury cases by arguing one or more of the following:
The injury was due to natural causes, not negligence
Proper care was given based on the information available at the time
The condition existed before labor or couldn't have been prevented
The injury developed after birth and wasn’t related to care during delivery
Defendants may also attempt to shift blame between providers, such as arguing that the physician made the decision, not the nursing staff, or vice versa. These defenses aim to introduce doubt about causation or breach of duty.
Prenatal Records and Risk Assessment
In some cases, issues begin long before labor. Providers are expected to assess risk factors throughout pregnancy and respond appropriately.
Relevant prenatal care records may involve:
Missed diagnoses of gestational diabetes or hypertension
Failure to detect breech presentation
Ignoring signs of growth restriction or abnormal ultrasounds
Skipping standard screenings or lab tests
If a provider failed to act on a known risk factor, and that failure led to a birth injury, the claim may be stronger.
Providers are expected to adjust plans as new information emerges. Inadequate risk assessment can show that proper care wasn’t delivered, even before labor began.
Damages in Birth Injury Cases
Proving medical malpractice is only part of the process. The injured party must also show how the injury caused harm that can be measured in financial, emotional, and physical terms.
Common damages in birth injury cases may include:
Ongoing medical treatment and therapy
Adaptive equipment and mobility support
Loss of future income potential
Pain and suffering
Emotional distress of parents or guardians
In Ohio, medical malpractice claims are subject to limits on certain types of damages. However, claims involving permanent injury or significant impairment may qualify for higher awards, especially when long-term care is involved.
Statute of Limitations in Ohio
In Ohio, the general statute of limitations for medical malpractice is one year. However, birth injury claims often allow for more time due to the nature of the harm and who suffered it.
In many cases, the statute begins when the injury is discovered—or should have reasonably been discovered. For injuries involving minors, the statute may be extended until after the child turns 18.
Still, it’s important to act quickly. Evidence can disappear, and memories fade. Early legal review allows for the timely collection of documents, witness interviews, and case evaluation.
How Informed Consent Affects These Cases
A significant issue in medical malpractice birth injury claims involves consent. Providers are required to inform patients of known risks when offering treatments or procedures.
Claims may include:
Failure to disclose the risks of a vaginal delivery after cesarean
Not discussing the risks of medication during labor
Proceeding with surgery without a full explanation of alternatives
When informed consent isn’t properly obtained, it can become a central issue in proving that care fell below legal standards.
Patterns of Conduct or Prior Incidents
Sometimes, a provider or hospital has a history of previous incidents or complaints involving birth injuries or labor practices. While each case must stand on its own, prior patterns may provide context.
If available and admissible, this information can:
Show repeated failure to follow safety procedures
Reveal a lack of training or supervision
Point to a broader issue in the facility's policies
Such patterns can support claims that the provider acted outside accepted medical behavior, especially if prior outcomes involved similar conditions or decisions.
Ohio’s Medical Review Process
Before filing a medical malpractice case in Ohio, plaintiffs must provide an affidavit from a qualified medical professional stating that the claim has merit. This step is required to begin formal legal proceedings.
The affidavit must:
Be signed by a provider who practices in the same or a similar field
State that the defendant likely breached the standard of care
Explain how the breach led to the injury
This affidavit serves as a preliminary safeguard and helps filter out unsupported claims. Still, it doesn’t replace the need for strong evidence once the case proceeds.
Contact an Attorney Today
Birth injuries caused by medical malpractice change lives forever. Wolfe & Mote Law Group, LLC, serves clients in Columbus, Ohio, and the surrounding areas of Dublin, Westerville, Gahanna, Hilliard, Licking County, Fairfield County, and Delaware County. Call them today.