Was Your Child’s Birth Injury Preventable? Our Birth Injury Lawyers Will Help You Get Answers

While not every birth injury stems from medical malpractice, many are preventable, and families have a right to know what happened. A key difference between a preventable injury and an unavoidable complication depends on whether the medical team followed accepted standards of care. To prove malpractice, there must be evidence that a provider failed to act as a reasonably skilled professional would have in similar circumstances.

Our attorneys partner with independent medical experts to evaluate delivery records, fetal monitoring data, and hospital procedures. We work to uncover whether signs of distress were ignored, if interventions were delayed, or if improper techniques were used – all of which can point to negligent care.

When we take your case, our focus is simple: get answers, establish accountability, and pursue the compensation your family needs to move forward.

The Most Devastating Yet Preventable Birth Injuries Explained

Many of the most severe birth injuries stem from decisions made in a matter of minutes or even seconds during labor and delivery. When doctors or nurses fail to monitor the baby’s oxygen levels, use delivery tools improperly, or apply excessive force, the results can be life-altering.

We’ve handled cases involving:

  • Brachial plexus injuries, often caused by shoulder dystocia or aggressive pulling
  • Cerebral palsy, frequently linked to oxygen deprivation or delayed C-sections
  • Skull fractures and intracranial bleeding from misused forceps or vacuum extractors
  • Hypoxic-ischemic encephalopathy (HIE), a brain injury from prolonged oxygen deprivation

Many of these injuries are preventable when delivery teams follow appropriate procedures and respond to complications with urgency. Unfortunately, poor judgment or lack of communication can lead to catastrophic outcomes.

When we handle your case, we look beyond the injury itself. We dig into why it happened and whether it could have been avoided. That’s how we help you get justice.

How Indiana Law Protects Families After a Birth Injury

In Indiana, all medical malpractice cases must go through a Medical Review Panel before they can proceed to court. This panel is made up of healthcare professionals who evaluate whether the standard of care was met. While their opinion isn’t final, it can significantly influence how a case develops.

The law also recognizes that birth injuries may not be immediately apparent. For that reason, Indiana extends the statute of limitations for minors, but this extension has limits. Under Indiana Code § 34-11-2-4, most personal injury claims must be filed within two years, but for children harmed at birth, families generally have until the child’s eighth birthday. The earlier you act, the more evidence can be preserved to support your case.

In addition, Indiana places caps on damages in medical malpractice claims, which can affect how much compensation you’re entitled to recover. Working with a birth injury lawyer who understands the state’s medical malpractice system and how it differs from general negligence law is crucial.

The Long-Term Effects of Birth Trauma and What That Means for Your Claim

For many families, a birth injury becomes a lifelong condition that fundamentally changes their future. Children often require specialized education, ongoing medical care, adaptive equipment, and round-the-clock supervision. These extensive long-term effects must be carefully calculated and accounted for in any settlement or judgment.

We’ve worked with families whose children face:

  • Physical challenges requiring wheelchairs, braces, or surgeries
  • Cognitive delays that limit independence and learning
  • Emotional and behavioral issues such as PTSD, personality shifts, or depression
  • Lifelong reliance on therapy, medications, or special accommodations

Our team works with pediatric specialists, economists, and life care planners to quantify what your child will need, not just today, but years from now. This includes projecting the cost of care across a lifetime, factoring in inflation, and evaluating how the injury may affect earning capacity or quality of life.

What Is a Birth Injury Case Worth? Understanding Your Child’s Right to Compensation

Determining the value of a birth injury case is complex. No two claims are the same, and compensation must be based on the child’s unique medical needs, the severity of the harm, and the strength of the evidence proving malpractice.

In many cases, recoverable damages may include:

  • Past and future medical expenses
  • In-home nursing care and assistive technology
  • Physical therapy, occupational therapy, and special education costs
  • Lost earning potential if the child cannot work later in life
  • Pain and suffering, emotional trauma, and loss of enjoyment of life
  • Parental income loss due to caretaking responsibilities

We have secured millions in compensation for clients in high-stakes cases. To see how we’ve helped families in similar situations, we encourage you to review our case results and schedule a free initial consultation with an expert lawyer to discuss typical compensation amounts in birth injury claims.

Talk to a Bloomington Birth Injury Lawyer Who Understands What’s at Stake

At Christie Farrell Lee & Bell, our personal injury lawyers listen, investigate, and fight with the full backing of medical experts and legal resources. We understand the stakes, and we know what it takes to hold hospitals, doctors, and institutions accountable.

If you suspect medical malpractice harmed your child during delivery, don’t wait. Contact us for a free consultation with a Bloomington birth injury lawyer who will help you get the answers and justice your family deserves.