Suffered a Birth Injury in Evansville? Our Attorneys Can Help You Claim Compensation

Birth injuries can have long-lasting effects on both the child and the family, leaving them grappling with emotional distress, unexpected medical expenses, and concerns about the child’s future. In this situation, seeking legal representation allows you to hold responsible parties accountable and pursue the compensation you’re entitled to by law.

At Christie Farrell Lee & Bell, our team understands the devastating effect these injuries can have on your family, and we’re dedicated to guiding you through every step of the legal process, from the initial consultation to the final resolution.

Our personal injury lawyers in Evansville have the expertise to thoroughly assess your case and determine the best course of action to secure the compensation you deserve. Specifically, we handle the case investigation, gather evidence, negotiate with insurance companies, and represent you in court if necessary, among other tasks.

What Constitutes a Birth Injury?

According to the NCBI, a birth injury is an impairment of the neonate’s body function or structure due to an adverse event that occurred during the birth process. Depending on the injury’s nature, they can lead to long-term health issues, requiring extensive medical care and rehabilitation.

Birth injuries vary in severity and type, but common examples include:

  • Nerve damage: It occurs if the nerves are stretched or torn during delivery, potentially resulting in conditions like Erb’s or brachial palsy.
  • Brain damage: Oxygen deprivation during birth can lead to serious neurological conditions (such as cerebral palsy).
  • Bone fractures: The stress of childbirth can sometimes cause fractures, particularly in the clavicle or long bones.
  • Caput succedaneum: This condition involves significant swelling of the soft tissues on the baby’s scalp that forms as the baby passes through the birth canal.
  • Cephalohematoma: This is bleeding between the baby’s skull and its fibrous covering, and appears as a raised lump on the head several hours after birth.

We understand that each case is unique, and our doors are open to hear your story and provide honest advice on what are your best options.

Initiating a Birth Injury Malpractice Lawsuit in Evansville

When faced with a birth injury due to medical malpractice, it’s necessary to pursue legal action to hold the responsible parties accountable and seek compensation for the damages incurred. 

Steps to Initiate a Birth Injury Malpractice Lawsuit

This process involves the following steps:

  • Initial consultation: The first step is to schedule a free consultation with our attorneys at Christie Farrell Lee & Bell, where we’ll assess the details of your case and provide you with a clear understanding of your legal options.
  • Case evaluation: We thoroughly analyze medical records and other pieces of evidence to determine your case’s viability and potential outcomes. This allows us to build a strong foundation for your claim.
  • Handling paperwork: After gathering evidence and building the case, our team will file the necessary legal documents to initiate the lawsuit while meeting all deadlines and requirements stipulated by law.
  • Discovery: The discovery phase involves exchanging information and evidence with the opposing party to strengthen your case.

In many cases, birth injury lawsuits are resolved through negotiation outside of court. We strive to reach a fair settlement through negotiation but are fully prepared to take your case to trial if needed.

Statute of Limitations

If you are unfortunately struggling with a birth injury caused by medical negligence, it’s important to be aware of Indiana’s statute of limitations. The timeframe for filing a birth injury lawsuit is generally two years from the date of the alleged negligent act. By contacting our attorneys as soon as possible after the injury occurs, you ensure you have the best chance of getting financially restituted.

Birth Defect vs. Injury

At Christie Farrell Lee & Bell, we understand the devastating impact birth injuries have on families. Our dedicated legal team brings together professionalism, expertise, and compassion to guide families through birth injury claims, helping them understand the key differences between birth defects and birth injuries before claiming compensation.

Birth Defects

These are abnormalities present at birth, often due to genetic factors, chromosomal issues, environmental exposures, infections during pregnancy, or nutritional deficiencies. Birth defects can be structural, like cleft palate or congenital heart disease, or functional, affecting how a body part operates.

Birth Injuries

These occur during or shortly after the birthing process and are often the result of mechanical stress, medical errors, or complications during delivery. Common birth injuries include brachial palsy, bruising, caput succedaneum, and cephalohematoma. In many cases, these injuries can have long-lasting consequences for both the baby and the family.

If you’re uncertain whether your case qualifies as medical negligence, don’t hesitate to reach out to us. At Christie Farrell Lee & Bell, our birth injury lawyers in Evansville are ready to evaluate your case, explain your rights, and support your claim every step of the way.

Common Causes of Birth Injuries

Birth injuries can result from various factors during pregnancy, labor, and delivery, including:

  • Prolonged or difficult labor: Increases pressure on the infant’s head, risking brain issues and fetal distress.
  • Large baby size (macrosomia): Higher risk for delivery complications and injuries.
  • Premature birth: Fragile bodies are more susceptible to injury.
  • Abnormal birthing presentation: Breech or unusual positions can complicate delivery.
  • Use of assisted delivery tools: Improper use of forceps or vacuum extractors can cause severe injuries.
  • Oxygen deprivation: Issues like umbilical cord complications can lead to brain damage.
  • Medical malpractice: Delayed C-sections, medication errors, or poor prenatal care.
  • Maternal health conditions: Obesity, high blood pressure, and diabetes increase risks.

Shoulder dystocia: When the baby’s shoulders get stuck, causing potential nerve damage.

Common Birth Injuries

Birth injuries can range from mild to severe, including:

  • Cerebral palsy: Neurological disorder affecting movement, caused by brain damage during birth.
  • Brachial plexus injuries: Nerve damage affecting the arms and shoulders, such as Erb’s palsy.
  • Brain Damage: Resulting from oxygen deprivation or physical trauma.
  • Cephalohematoma & caput succedaneum: Swelling or bleeding under the scalp.
  • Facial paralysis: Nerve damage due to pressure during birth.
  • Fractures: Commonly the clavicle during difficult deliveries.
  • Intracranial hemorrhage: Bleeding in or around the brain.
  • Hypoxic-ischemic encephalopathy (HIE): Brain damage from lack of oxygen.
  • Spinal cord injuries: Occur in complicated deliveries, especially breech births.

How Can I Prove a Birth Injury?

Proving a birth injury involves establishing four elements of medical malpractice:

  1. Duty of care: Evidence of the provider-patient relationship (e.g., consent forms, admission records).
  2. Breach of duty: Demonstrating that the standard of care was not met through:
    • Expert testimony
    • Medical records
    • Hospital policies
  3. Causation: Linking negligence to the injury with:
    • Medical records
    • Expert opinions
    • Witness statements
    • Diagnostic tests (MRIs, CT scans)
  4. Damages: Proving the extent of harm using:
    • Medical bills
    • Wage loss documentation
    • Expert testimony on long-term needs

Why Choose Christie Farrell Lee & Bell to Prove Negligence in a Birth Injury Case?

Our legal team at Christie Farrell Lee & Bell stands out for our professionalism, dedication, and deep understanding of birth injury law. We provide personalized attention, thorough case evaluations, and relentless advocacy to help families achieve justice and secure maximum compensation for their birth injury cases. Our experienced attorneys work tirelessly to recover damages for medical expenses, ongoing care needs, lost wages, and pain and suffering.

Trust us to handle your case with the care and expertise it deserves, fighting to ensure you receive the full compensation you and your child need for a secure future.

Legal Strategies Implemented by Our Evansville Birth Injury Attorney

Our attorneys at Christie Farrell Lee & Bell employ a range of legal strategies, depending on the specifics of the case. We use a combination of investigative techniques and legal analysis with expert consultations and thorough evidence gathering, tailoring our approach to each case we handle.

Investigating Medical Records and Evidence

The thorough investigation of medical records and evidence is a main aspect of our general approach to birth injury cases. 

To do so, our attorneys meticulously review all relevant documents, consult with medical experts, and gather testimonies to construct a compelling case and support your compensation claim. This ensures we have the necessary information to effectively advocate for your child’s rights and your family’s future.

Pursuing Compensation for Birth Injury in Evansville

When your family is affected by a birth injury, securing appropriate compensation will help manage the long-term impact on your child’s life and your family’s financial stability.

Types of Compensation Available

To address the full scope of your needs (both present and future), our attorneys pursue various types of compensation, including:

  • Medical expenses: Compensation for past and future medical treatments, surgeries, therapies, and necessary medical equipment.
  • Pain and suffering: Addressing the physical pain, emotional distress, and mental anguish experienced by your child and family.
  • Lost wages: Reimbursement for any income lost due to taking time off work to care for your child or attend medical appointments.
  • Funeral and burial costs: In the unfortunate event of wrongful death, this covers the expenses related to your child’s funeral and burial services.
  • Punitive damages: In cases where the medical provider’s actions were particularly egregious, punitive damages are designed to punish and deter future negligence.

Schedule Your Free Consultation with an Evansville Birth Injury Lawyer – Contact Us Today to Discuss Your Case

If your child suffered a birth injury due to medical negligence in Evansville, don’t wait to seek legal assistance. With Christie Farrell Lee & Bell’s extensive experience, you gain a well-equipped team that will fight for the justice and compensation your family deserves.

We offer a free consultation so you can explore your legal options with no upfront costs: just contact us today to speak with one of the attorneys on our team.