Indiana Birth Injury Lawyer
Most parents decide to have their baby in a hospital or medical facility, trusting the expertise of the professionals providing care. However, this trust can be shattered if a birth trauma occurs, causing lifelong harm. According to a recent study, oversized and premature babies, as well as babies who are part of multiple births in hospitals are more vulnerable to a birth injury.
If your newborn or mother has been injured due to medical errors, it’s important to seek justice. Our attorneys are here to help you navigate the complexities of a birth injury lawsuit, providing the support and guidance you need throughout the process.
Contact our law firm today to schedule a free consultation with an experienced birth injury lawyer and recover fair compensation for your child’s damages.
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Contact our Indiana birth injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana birth injury lawyer remains private through an attorney-client relationship.
Indiana Birth Injury Statistics and Facts to Know
If we believe the Centers for Disease Control and Prevention (CDC) Infant Mortality Statistics, in 2021, Indiana’s infant mortality rate was the 10th highest in the country, with 6.75 deaths for every 1,000 live births.
Indiana ranks third in the United States for maternal mortality, reporting 44 deaths per 100,000 live births as of 2022.
The 2021 data from the Indiana Department of Health reports that 536 infants in Indiana died before reaching their first birthday in 2021,
Perinatal risks are the leading cause of infant mortality in Indiana state.
The percentage of early prenatal care in Indiana is lower compared to the national average, with variations based on race/ethnicity and insurance coverage.
Over 28% of births in Indiana were to women who did not receive prenatal care during the first trimester.
According to the National Center for Health Statistics (NCHS), 15.5% of birthing mothers received care beginning in the fifth month of pregnancy or later, or less than 50% of the recommended number of visits for the infant’s gestational age.
These statistics and study reports show that infant injuries and deaths are common in Indiana, while many birth injury cases are a result of medical negligence.
How Does a Birth Injury Differ From a Birth Defect?
Understanding the difference between a birth injury and a birth defect is crucial as the terms are used interchangeably but have separate meanings.
Birth injuries typically result from medical negligence during labor or delivery, leading to conditions such as cerebral palsy, Erb’s palsy, oxygen deprivation, bone fractures, and brachial plexus injuries. In contrast, birth defects are structural or functional abnormalities present at birth, often due to genetic factors or environmental influences. Examples include congenital heart defects, cleft lip/palate, spina bifida, and Down syndrome.
Identifying whether a child’s condition is a birth injury or defect is crucial for determining legal recourse with an Indianapolis birth injury lawyer.
What Types of Birth Injuries Can Occur As a Result of Negligence?
Birth injury legal statistics reveal that 48% of lawsuits relate to a child’s brain injuries, 19% involve harm to the baby’s arm(s), and over 95% of personal injury lawsuits are settled outside of court.
For families with children suffering from devastating birth injuries, understanding the types of negligence is paramount. Birth injury lawyers specialize in navigating the legal complexities surrounding these cases, advocating for justice on behalf of affected families.
Various birth injuries can result from negligence during childbirth:
- Cerebral palsy; oxygen deprivation leading to hypoxic ischemic encephalopathy (HIE) often culminates in cerebral palsy.
- Erb’s palsy; mishandling shoulder dystocia can cause permanent nerve damage, resulting in Erb’s palsy.
- Oxygen deprivation or birth asphyxia
- Bruising caused by excessive use of forceps
- Brachial plexus injuries
- Brain hemorrhage
- Bone fractures
- Spinal cord damage
- Misdiagnosed or underdiagnosed preeclampsia
- Improper use of forceps or vacuum extractors may lead to brain injuries or fatalities.
- Inadequate prenatal care or monitoring can result in stillbirth or brain injury
Lack of prenatal care or negligent monitoring of the mother’s or fetus condition throughout the pregnancy may cause stillbirth or a child’s brain injury.
10 Causes of Birth Injuries Parents and Birth Injury Lawyers in Indiana Must Know
A study by the Birth Injury Justice Center found that about 55% of labor and delivery staff have witnessed a healthcare provider perform an unwanted medical procedure on the mother.
Most birth injuries happen due to medical negligence and inadequate care. From missed diagnoses and improper equipment usage to delays in performing cesarean sections and lack of fetal monitoring, a birth injury can stem from various underlying errors.
The most prevalent causes of birth injuries in Indiana due to medical malpractice include:
- Oxygen deprivation or birth asphyxia
- Medication errors
- Use of defective drugs or incorrect doses
- Mishandling medical instruments like forceps or vacuum extractors
- Failure to detect umbilical cord entanglement
- Inadequate monitoring of vital signs during pregnancy, labor, or delivery
- Missed diagnosis or treatment of infections or placental issues
- Delayed or omitted cesarean sections when necessary
- Oversight of high-risk deliveries
- Insufficient fetal condition monitoring and prenatal testing
Understanding the causes of birth injuries is essential for preventing the risk of birth injuries and helps build a strong case against those responsible. Contact an Indiana birth injury lawyer and seek just compensation for your damages.
How Long Do We Have to File a Birth Injury Claim in Indiana?
Every state’s law provides a time limit to bring personal injury cases before a court, known as the statute of limitations. The Indiana medical malpractice statute of limitations covers all lawsuits or claims linked to birth injuries.
The birth injury statute of limitations in Indiana is two years from the date of the injury. It means the injured party has two years from the date of the injury to file a claim. If two years have passed, you cannot take legal action or pursue damages.
There are certain exceptions to this law. Under Indiana law, for injured patients who were below six years old at the time of malpractice, the law permits filing a birth injury lawsuit by the child’s 8th birthday.
Sometimes a birth injury from medical malpractice might only become evident years later, for example, developmental delays in a child. The discovery rule applies when the injury was unknown at the time, with the statute of limitations beginning upon discovery or when it should have been reasonably discovered.
How to Prove Birth Injury Medical Negligence in Indiana Lawsuits?
In Indiana birth injury cases, it’s crucial to establish certain elements to prove your medical negligence lawsuit. Without proving duty, breach, causation, and damages, you cannot hold the responsible party accountable and seek compensation for damages like medical bills, lost income, disability, disfigurement, as well as pain and suffering.
The average settlement amount for a birth injury lawsuit involving children under 1-month-old is $1 million, as found by The Doctors Company.
Prove negligence as a cause of your child’s birth injuries by:
- Duty: Establishing that through the doctor/patient relationship, the medical providers owed a duty of care to the mother and the baby during childbirth.
- Breach: Showing that the expected duty to care was breached by the obstetrician/gynecologist or the hospital staff.
- Causation: Establishing a direct link between the breach of care and the resulting injury.
- Damages: Proving measurable damages suffered by the child and the child’s family including economic and non-economic, as a consequence of the injury.
A knowledgeable birth injury attorney can investigate various aspects of the case and gather evidence including medical records, expert opinion, and testimonies to strengthen your claim.
Can I File a Wrongful Death Case for My Child’s Loss in Indiana?
When it comes to birth injuries in Indiana, child fatalities are the most devastating. These tragedies can be a result of various medical conditions, including serious injury, blood flow complications, and hypoxia (oxygen deprivation). Serious health complications, often occurring during delivery, can be severe, such as fractured skull or spinal cord injuries, leading to fatality.
Blood flow issues, particularly those affecting the brain, pose significant risks to newborns. Furthermore, hypoxia, a condition where oxygen supply is restricted, can result from various factors like umbilical cord complications or breathing difficulties. This oxygen deprivation can lead to severe brain damage and, if prolonged, can be fatal.
Under Indiana Law, Indiana Code § 34-23-2-1, allows parents to file wrongful death claims for infants and viable fetuses due to negligence, including medical malpractice. Wrongful death lawsuits also apply to cases where the unborn child could have survived outside the womb. Talk to Indianapolis birth injury attorneys and understand details about Indiana’s legal system.
Book a Free Consultation with an Experienced Birth Injury Lawyer
Has your baby suffered serious birth injuries at the hands of negligent medical professionals that affected their development or led to disability? Our Indiana birth injury lawyers from the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, have a successful track record of achieving favorable outcomes for victims in Indianapolis.
All personal injury lawyers will accept cases on a contingency fee basis. This guarantees our clients don’t pay legal fees until the medical malpractice case is resolved through a negotiated settlement or jury award.
Contact us today at (888) 424-5757 to schedule a free initial consultation and begin your journey to seeking much-deserved compensation. All information you share with our injury lawyers is protected through a confidential relationship.