Suffered a Birth Injury Due to Medical Negligence? Contact Our Fort Wayne Birth Injury Lawyers for Help

For more than 40 years we have been helping victims of medical malpractice and supporting affected families through compassionate legal representation. As you can see in our case results, we have secured millionaire settlements for our clients, ensuring they have the financial security they need to move forward. And we want to do the same for you. Here’s how we help:

  • Conduct a thorough investigation of the circumstances surrounding the birth injury.
  • Gather and review critical medical records, consulting with medical experts as needed.
  • Determine if medical malpractice played a role in causing the birth injury.
  • Build a strong case to seek compensation for medical expenses, pain and suffering, and other related damages.
  • Negotiate with insurance companies to secure fair settlements.
  • Represent you in court if a satisfactory settlement cannot be reached.

No matter your situation, we are here to offer honest advice and support during this challenging time. It’s our goal to hold the negligent accountable and secure fair compensation for your family.

What is Considered a Birth Injury?

According to 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. These injuries can range from mild to severe and can sometimes be life-threatening.

The most common types of birth injuries include:

  • Nerve damage: Such as brachial plexus injuries.
  • Brain damage: Often caused by asphyxiation (lack of oxygen), leading to conditions like cerebral palsy.
  • Bone fractures: Especially of the collarbone.
  • Facial paralysis: This can occur if pressure is applied to the baby’s face during delivery, or if forceps are used during delivery.
  • Spinal cord injuries: These can be caused by medical tools used during delivery, and can lead to paralysis.
  • Cephalohematoma: This is a collection of blood under the scalp, often caused by vacuum extraction deliveries.
  • Intracranial hemorrhage/subarachnoid hemorrhage: This is a condition where there is bleeding under the two innermost layers of the brain, often caused by a traumatic delivery.
  • Perinatal asphyxia: This condition is characterized by a lack of oxygen flow to the newborn, leading to physical and mental issues.

We understand that each of these scenarios represents different consequences and treatment needs for your child, and we want to consider all aspects of damage in your personal injury claim.

When Medical Malpractice Leads to Birth Injuries in Fort Wayne

Not all birth injuries result from medical malpractice, and some injuries can occur even when healthcare providers adhere to the highest standards of care. Factors such as genetic conditions, unavoidable complications, or natural variations in labor and delivery processes can lead to birth injuries. In these cases, proving medical negligence is more challenging because there is no deviation from standard medical practices. However, while not all birth injuries result from medical malpractice, many do stem from negligent actions or omissions by healthcare providers during pregnancy, labor, or delivery.

Factors to Prove that a Birth Injury Was Caused by Medical Negligence

To establish that a birth injury was caused by medical negligence, several key factors must be proven, according to Indiana Laws:

  1. Duty of Care:

    • It must be demonstrated that the healthcare provider had a duty of care to the patient. In the context of childbirth, doctors, nurses, and other medical professionals owe a duty to provide care that meets the accepted standards of medical practice.

  2. Breach of Duty:

    • You must show that the healthcare provider breached their duty of care by acting in a manner that deviates from the accepted medical standards. This could include actions taken or not taken during the pregnancy, labor, or delivery.
    • Examples of breach include failing to monitor fetal distress, improper use of delivery tools, or not performing a necessary C-section in a timely manner.

  3. Causation:

    • There must be a direct link between the healthcare provider’s breach of duty and the birth injury. This means proving that the injury would not have occurred if the provider had followed the standard of care.
    • Medical records, expert testimonies, and evidence of deviation from standard procedures are critical in establishing causation.

  4. Damages:

    • It is essential to prove that the breach of duty resulted in specific damages. These can be physical injuries to the child, such as cerebral palsy, brachial plexus injuries, or other medical conditions caused by negligence.
    • Damages also encompass the emotional and financial impact on the family, including medical expenses, pain and suffering, and lost wages.

Types of Compensation Available

Our Fort Wayne birth injury lawyers are committed to ensuring that you receive comprehensive compensation to cover all these aspects, helping you focus on your child’s recovery without the added stress of financial worries. Overall, these are the types of compensation we will consider on your claim:

Medical Expenses

Medical expenses can be substantial in birth injury cases, encompassing a wide range of costs necessary for your child’s care. Compensation can include:

  • Past medical treatments: Covering all medical bills from the time of the injury up to the present, including hospital stays, surgeries, and emergency care.
  • Future medical treatments: Estimating the costs of ongoing and future medical care that your child may require, such as additional surgeries, follow-up visits, and long-term care planning.
  • Therapies: Including physical therapy, occupational therapy, and speech therapy needed to aid in your child’s development and recovery.

Pain and Suffering

Pain and suffering damages aim to compensate for the non-economic impacts of a birth injury. This includes acknowledging the physical pain and psychological impact on the child, such as anxiety and depression. It also recognizes the emotional burden on the family and compensates for the child’s diminished quality of life due to their injury.

Lost Wages

When a child suffers a birth injury, parents often need to take significant time off work to care for their child, attend medical appointments, and manage treatments. Compensation for lost wages includes:

  • Parental lost income: Covering the income lost by parents who need to reduce their working hours or take extended leave to care for their injured child.
  • Future lost wages: Considering the long-term impact on the parents’ ability to work and earn an income, especially if ongoing care for the child is required.
  • Lost earning capacity: Addressing any potential impact on the child’s future ability to work and earn a living, which may be significantly affected by the birth injury.

By pursuing these types of compensation, our goal is to alleviate the financial burden on your family, allowing you to focus on providing the best possible care for your child and ensuring their well-being.

Schedule Your Free Consultation to Talk with Our Fort Wayne Birth Injury Attorneys

We offer a complimentary consultation to discuss the specifics of your case, evaluate the potential for a medical malpractice claim, and provide expert advice on the best steps forward.

To schedule your free consultation, please contact our firm. Our compassionate and knowledgeable attorneys are ready to support you and fight for the compensation your family deserves. Don’t wait—reach out to us today to begin the process of securing justice and financial recovery for your child’s birth injury.