Birth Injury Lawyer Dublin, OH
If your child suffered a birth injury, you are probably dealing with a level of fear and uncertainty that is difficult to put into words. The medical appointments come fast. The diagnoses are complicated. And at some point, you start wondering whether what happened was preventable. In many cases, it was.
Birth injuries caused by medical negligence are among the most serious and consequential personal injury cases in Ohio law. Brenner Law Offices has been representing injured Ohioans for over 30 years, and our Dublin, OH personal injury lawyer handles birth injury cases with the seriousness and care these families deserve. Consultations are free and there are no fees unless we win. Reach out today to get started.
Why Choose Brenner Law Offices for Birth Injury Cases in Dublin, OH?
Experience Handling Serious Injury Claims in Ohio
Birth injury cases are among the most complex and high-stakes matters in personal injury law. The medical evidence is detailed, the damages extend decades into the future, and the hospitals and medical institutions being held accountable have significant resources to defend these claims. You need a personal injury lawyer in Dublin, OH with real experience handling serious injury cases in Ohio.
Founding attorney Todd Brenner has handled personal injury and insurance cases across Ohio for over 30 years. Licensed in Ohio, he has represented injured clients against some of the largest insurers in the state and has successfully handled cases involving automobile accidents, trucking accidents, premises liability, and wrongful death. He is a member of the Columbus Bar Association and the Ohio State Bar Association, has been named an "Ohio Top Lawyer" for eight consecutive years, and holds a 5-star rating on lawyers.com. He received the Client Distinction Award in 2015 and was recognized as a "Top Rated Midwest Lawyer" by the National Law Journal in both 2013 and 2017.
Adam J. Hubble brings more than 30 years of litigation experience to the firm, with a background spanning insurance, liability, and claims recovery. In birth injury cases where insurers and hospital systems contest both liability and the scope of future damages, Adam's extensive courtroom experience is a significant advantage.
Results That Reflect What Is at Stake
Birth injury cases often involve the largest damage calculations in personal injury law because the harm extends across a child's entire lifetime. Brenner Law Offices has helped injured clients recover millions of dollars across personal injury and liability matters, including seven-figure recoveries in serious cases. We build birth injury claims to account for the full scope of current and future harm, from immediate medical costs through lifetime care needs.
There are also no upfront costs and no fees unless we win your case.
What Our Clients Say
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"We hired Todd after my son was in a car accident. He fought hard and got us a great settlement. Highly recommended!" — Kell Lynn
Read more reviews on our Google Business Profile.
Types of Birth Injury Cases We Handle in Dublin
Birth injuries range from conditions that resolve within weeks to permanent, life-altering harm. Our Dublin birth injury attorneys handle cases involving all of the following:
- Cerebral palsy. Cerebral palsy is one of the most common birth injuries linked to medical negligence, often caused by oxygen deprivation or trauma during delivery. It affects muscle control, movement, and in many cases cognitive function. The lifetime care costs associated with cerebral palsy are substantial, and when the condition results from a preventable medical error, families have the right to pursue full compensation.
- Erb's palsy and brachial plexus injuries. These injuries occur when the network of nerves controlling the arm and hand is damaged during delivery, often from excessive force or improper technique. Mild cases may resolve with physical therapy. Severe cases result in permanent weakness or paralysis of the affected arm. We pursue compensation that accounts for both immediate treatment and any long-term functional limitation.
- Brain damage from oxygen deprivation. Hypoxic-ischemic encephalopathy, or HIE, occurs when a baby's brain is deprived of oxygen during or around the time of birth. The consequences range from developmental delays to severe cognitive impairment. These cases frequently involve failures to monitor fetal distress, delayed cesarean sections, or improper use of delivery instruments. Medical records are central to establishing what went wrong and when.
- Spinal cord injuries. Spinal cord damage during delivery can result in partial or complete paralysis. These injuries are among the most catastrophic a newborn can suffer, and the lifetime medical and care costs are enormous. When spinal cord injuries result from excessive force, improper positioning, or failure to recognize complications, the delivering medical team may be liable.
- Fractures and physical trauma during delivery. Broken clavicles, skull fractures, and other physical injuries can occur when delivery is mismanaged. While some fractures heal without lasting consequences, others lead to complications that require ongoing treatment. When a fracture results from a failure to follow accepted medical standards, it may support a negligence claim.
- Infections from medical negligence. Bacterial infections like Group B strep, meningitis, and sepsis can cause serious and permanent harm to a newborn when medical staff fail to screen, diagnose, or treat in time. These cases require careful review of prenatal records, hospital protocols, and the timeline of treatment decisions.
- Wrongful death of a newborn. When a birth injury proves fatal, Ohio law provides a path for surviving family members to pursue a wrongful death claim. These cases are among the most difficult any family can face, and we handle them with the gravity and sensitivity they require.
Ohio Legal Requirements for Birth Injury Cases
Birth injury claims in Ohio are governed by specific statutes that differ in important ways from standard personal injury cases.
Statute of Limitations. Most medical malpractice claims in Ohio are subject to a one-year filing deadline under Ohio Revised Code § 2305.113, running from the date the injury was discovered or reasonably should have been. For adults, that window closes fast. Birth injury cases involving a minor child are treated differently — Ohio law extends the deadline to one year after the child's 18th birthday, which gives families considerably more time than the standard rule.
That extended window is real, but it does not mean waiting is a good idea. Medical records get harder to track down. Hospital staff move on. Surveillance footage and incident documentation disappear. The families who fare best in these cases are the ones who started building their case early, while the evidence was still intact and the facts were still fresh.
Wrongful Death. When a birth injury results in the death of a child, the wrongful death claim is governed separately under Ohio Revised Code § 2125.02, with a two-year deadline running from the date of death. These claims exist alongside any medical malpractice claim, not in place of it, and they involve a different set of recoverable damages. Families dealing with both types of claims at once need counsel who understands how they interact.
Comparative Fault. Ohio's modified comparative negligence rule under Ohio Revised Code § 2315.33 comes up in birth injury cases more than people expect. Defendants and their insurers sometimes point to a mother's pre-existing health conditions, pregnancy complications, or treatment decisions as contributing factors in the outcome. We have seen this argument made in cases where it had no real basis in the medical record. We prepare for it regardless, because the damages at stake are too significant to leave that door open.
Damages Caps. Ohio limits non-economic damages in medical malpractice cases under Ohio Revised Code § 2315.18, but the statute carves out an exception for injuries that are genuinely catastrophic, including permanent and substantial physical deformity and permanent functional injuries that prevent a person from caring for themselves. Many serious birth injury cases fall squarely within that exception. Whether the cap applies, and how, depends on the specifics of the child's diagnosis and prognosis, which is exactly the kind of analysis that needs to happen early in the case.
What Damages Are Recoverable in a Dublin Birth Injury Case?
Birth injury cases can involve some of the largest damage calculations in Ohio personal injury law because the harm often spans a child's entire lifetime.
Economic Damages cover all past and future medical expenses, including neonatal intensive care, surgeries, physical therapy, occupational therapy, speech therapy, specialized medical equipment, in-home nursing care, and any other treatment the child will require as they grow. Lost earning capacity, meaning the income the child would have earned but for the injury, is also recoverable in serious cases. Life care planners and economic experts are often needed to build a complete damages model. Ohio law allows full recovery for all documented and projected economic losses.
Non-Economic Damages compensate the child and the family for pain and suffering, emotional distress, loss of enjoyment of life, and the lasting psychological impact of living with a permanent injury. In cases where the injury qualifies as catastrophic under Ohio's statute, the non-economic damages cap does not apply. Ohio's framework for pain and suffering recovery is meaningful in these cases, but only when the claim is built and presented correctly.
Punitive Damages are available in cases where the medical provider's conduct was particularly reckless, such as ignoring clear signs of fetal distress or deviating significantly from accepted standards of care. They are not awarded in every case, but we evaluate the possibility in every serious birth injury matter we handle.
Hospitals and their insurers move quickly after a birth injury event. Records are reviewed, incident reports are filed, and legal teams begin assessing exposure long before most families realize what happened. Understanding what makes a personal injury case strong from the outset gives families a meaningful advantage.
Contact Brenner Law Offices
Birth injury cases require early action. Medical records need to be preserved and reviewed, expert opinions need to be developed, and the legal strategy needs to account for decades of future harm. Brenner Law Offices offers free consultations for birth injury cases throughout Dublin, OH, and we never charge our clients for our services unless we win their case. Contact us today to get started with a free consultation.