My daughter suffered a massive stroke in utero. The majority of her right hemisphere was damaged. She now has Infantile Spasms (a devastating form of epilepsy) , and is on track for cerebral palsy. We have had multiple lawyers refuse our case because she was was born breathing, and was not admitted to the NICU. We personally believe the stroke occurred just before delivery, although she was born breathing. My wife was in labor 62 hours, and the fetal heart rate dropped consistently with contractions for hours. The doctors expressed concern, but did not offer a c-section or intervention. The umbilical chord was around her neck upon delivery. We did not know about the stroke or IS until 4 weeks ago, although we now personal have photo/video evidence of damage dating to the second day
I suggest you consult an attorney to review your case to determine whether there was any medical malpractice. In NY, your attorney would have to retain a medical expert to review your daughter's medical records and certify that there is merit to your case in order to meet the threshold of filing a medical malpractice lawsuit. However, I do not know the specific requirements of your jurisdiction.
I cannot opine on your case since I am not an Ohio attorney nor do I have all the facts. If a number of Ohio malpractice attorneys decline your case, it may be because based on the facts they do not see evidence of malpractice. On the other hand, failure to consider a c-section after 62 hours of labor, sounds to me medically questionable. Maybe try consulting another attorney.
I would approach a few more experienced OH medical malpractice attorneys. You never know if the case will appeal to one of them.
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A malpractice lawyer would need to order the fetal strips and all the records. Were there variable accels & decels? Did you get the APGAR scores? Use Avvo's lawyer finder tool.
I am very sorry your family has experienced this tragedy. You want to find a malpractice lawyer who has experience with birth injury cases. I've attached some information about Apgar scores you might find helpful. Did the hospital check her Apgar score? Did they react properly to her situation? There is a lot to look at here.
The attorneys of Lowenthal & Abrams are licensed in several states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. I am a medical malpractice, catastrophic accident and wrongful death attorney. I am licensed in Pennsylvania, New Jersey, California and West Virginia. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
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