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While many births proceed smoothly, medical mistakes during labor and delivery can also have lasting consequences on both mother and child. From improper use of delivery tools to misdiagnosis of urgent conditions, negligence constitutes a basis to pursue legal action to recover rightful compensation and hold negligent parties accountable.
In these cases, the guidance of a birth injury lawyer in Indianapolis can make all the difference in your case and help you recover full compensation. Here’s all you need to know about common labor and delivery mistakes that lead to birth injuries, including the types of compensation you may be entitled to and how an experienced attorney can advocate for your family’s needs.
Understanding Types of Birth Trauma
When negligence is involved during labor and delivery, families can pursue a medical malpractice claim to seek justice in Indiana. This allows you to hold negligent parties accountable and recover a compensation amount that covers the incident’s both economic and emotional costs.
The National Library of Medicine identifies a range of birth trauma types, many of which result from medical mistakes that could’ve been preventable. The most common ways in which birth injuries occur in Indiana include:
Misdiagnosis or Failure to Diagnose Complications
- Failure to recognize fetal distress: Fetal monitoring should detect signs of distress, such as irregular heartbeats. Delays in addressing these warnings lead to issues like oxygen deprivation and cerebral palsy.
- Undiagnosed maternal conditions: Conditions like preeclampsia, gestational diabetes, and infections can quickly escalate if not managed properly.
- Neglecting umbilical cord issues: Umbilical cord prolapse or compression can cut off oxygen to the baby.
Improper Use of Delivery Tools
- Forceps injuries: Incorrect use of forceps can result in skull fractures, nerve damage, or brain injuries.
- Vacuum extraction injuries: Misuse of vacuum extractors can cause scalp injuries, intracranial hemorrhage, and damage to the brain.
- Improper use of oxytocin or Pitocin: Overstimulation of contractions from labor-inducing drugs can cause fetal distress, uterine rupture, or oxygen deprivation.
Delayed Emergency C-Section
- Failure to act promptly during labor distress: Ignoring signs like prolonged labor, placental issues, or fetal distress can lead to oxygen deprivation and irreversible brain damage.
- Complications from delayed birth: When a C-section is postponed, it increases the risk of serious conditions, such as hypoxic-ischemic encephalopathy (a brain injury caused by insufficient oxygen).
- Inadequate staffing or preparedness: Hospitals must have skilled staff and adequate resources to handle emergencies. When they don’t, this can result in harmful delays that are grounds for a negligence claim.
Understanding Damages in a Birth Injury Claim
After a birth injury in Indiana, and with the help of an experienced lawyer, you can file a personal injury claim to recover the costs associated with the malpractice. Depending on your case’s specific circumstances, your compensation claim can include the following damages:
- Medical costs: These cover the immediate medical care necessary to treat the injury, as well as ongoing medical care, surgeries, therapy, and specialized equipment necessary for the child’s well-being in the future.
- Pain and suffering: Birth injuries lead to significant emotional distress and life changes for both the child and family. Compensation for this suffering acknowledges the profound impact the incident had on your lives, including on the child’s quality of life.
- Future expenses: Long-term needs such as educational support, home modifications, and in-home care can create a significant financial burden for families. We can also include these costs in your claim.
Indiana’s statute of limitations for medical malpractice (as outlined in Indiana Code § 34-18-7) is generally two years from the date of the alleged act of malpractice. There are exceptions, however, such as when the injury isn’t immediately discovered, which might extend this timeframe.
Failing to file within this period will prevent you from pursuing legal action. To protect your right to compensation, make sure you contact a knowledgeable attorney as soon as possible after the incident.
Signs to Look for After a Birth Injury
It’s important to be aware of the signs of a birth injury to seek help early and secure the necessary care and resources for your child.
On the one hand, physical indicators often appear soon after birth and may include weak or floppy muscle tone, excessive crying that doesn’t seem normal, seizures, or difficulty feeding. Infants may also exhibit abnormal movements or a lack of reflexes.
Developmental delays are another key warning sign. As your child grows, pay attention to whether they’re meeting expected milestones, such as crawling, walking, or speaking. Delays in physical or cognitive development may point to underlying injuries that require further medical evaluation.
The long-lasting effects of birth trauma can severely impact a child’s future, and create emotional and financial burdens for the entire family. So, if you suspect your child may have suffered a birth injury, seek legal help as soon as possible.
An experienced birth injury lawyer can help you gather evidence to build a strong case, determine if and how medical negligence occurred, and pursue compensation to support your child’s ongoing and future needs.
Contact a Birth Injury Lawyer in Indiana Today
If you suspect medical negligence contributed to your child’s birth injury, Christie Farrell Lee & Bell can help. With over 40 years of experience in Indiana, we’ve helped countless families recover multi-million dollar settlements and hold negligent parties accountable, and we can do the same for you.
With a structured approach, our lawyers can help you strategize the best avenue to pursue compensation, build a compelling case backed by evidence, negotiate with insurers, or fight for your rights in court if necessary. Our goal is to help you deal with your case’s legal aspects so you and your family can focus on recovery.
We offer a free case evaluation to ask all the questions you need. During this meeting, we’ll also assess your claim’s validity and potential value. Contact us today to schedule your initial consultation and learn more about how we can assist you.