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Can I sue my OB/GYN for long term problems for my son?

Steubenville, OH |

My son is 11. He has had issues since birth. His heart rate decreased significantly during delivery. I labored without fluid from 5 am to 6 pm. The cord was compressed and found to wrapped snug around his neck at time of delivery. He was purple, almost black. He was diagnosed early on with a condition known as Global Apraxia. A couple days ago we had a full study done and was told that he has a significant developmental delay. As well as low IQ scores and overall mental delay. This is not something that is genetic, it does not run in his father or my family. I have two other children that are fine. He will now need to see behavioral psychologist, psychiatrist, therapist, as well as a neurologist to see what type of damage is done. He requires a lot of care.

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Attorney answers 2


I believe under Ohio law your son's potential claim is preserved until his 18th birthday and then the statute of limitations will begin to run. In terms of whether or not he has a claim, there really is no way of knowing until his medical records have been reviewed and discussed with an attorney and a OB/GYN expert. I would be happy to discuss this with you further. My office has handled many cases in Ohio. Have a good weekend!


Unfortunately, it is impossible to determine whether or not you and/or your son have a valid claim against the physician. You would need to obtain the delivery records and have them thoroughly investigated to determine whether or not there were any acts which fell below the standard of care resulting in your son's condition. While apraxia can be genetic, it can also be caused by direct neurological damage. I believe it would be beneficial to have the records evaluated to alleviate any doubts that you may have concerning his condition.

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