Suffered a Birth Injury in Gary? Trust in Our Compassionate Lawyers

If you believe medical negligence contributed to your child’s injury, seeking legal advice is crucial to protect your rights when pursuing compensation. Here’s how we can help:

  • Suspicion of medical malpractice: If you suspect that medical negligence played a role in your child’s birth injury, we can investigate the case, gather evidence, and consult with experts to establish liability and hold responsible parties accountable.
  • Uncertainty about your legal rights: When dealing with medical malpractice law, it can be difficult to understand your rights and the statutes applicable to your case. We can assess the incident and offer clarity and guidance tailored to your situation.
  • Difficulty obtaining compensation: If you’re facing resistance from medical professionals or insurance companies in obtaining compensation for your child’s injuries, our attorneys can level the playing field with their knowledge, expertise, and negotiation skills.

Our experienced personal injury lawyers at Christie Farrell Lee & Bell are dedicated to helping families in Gary successfully solve birth injury cases. When you turn to us for help, you can rest assured we’ll work tirelessly to investigate the circumstances of your case and build a strong legal strategy that secures the best possible outcome.

What Qualifies as a Birth Injury in Gary, Indiana?

According to the NCBI, a birth injury is a general term used to describe any injury to a fetus or neonate during labor and delivery, frequently during the second stage of labor in which the fetus descends through the birth canal. 

Common Types of Birth Injuries

Birth injuries vary in severity, from minor bruises to severe conditions and catastrophic injuries that impact a child’s entire life. Some common birth injuries we’ve handled in the past include:

  • Brachial plexus injuries: Damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand, often resulting in conditions like Erb’s palsy.
  • Cerebral palsy: A group of disorders affecting movement and muscle tone or posture, caused by damage that occurs to the developing brain.
  • Cephalohematoma: A collection of blood between a baby’s scalp and the skull, often caused by birth trauma.
  • Caput succedaneum: Swelling of a newborn’s scalp, which appears as a lump or bump on their head shortly after delivery.
  • Facial nerve injury: Damage to the facial nerve, which can occur due to pressure on the baby’s face during labor or delivery.
  • Fractures: Especially common in the collarbone area due to improper handling during delivery.

We know these injuries can lead to long-term health issues, requiring extensive medical care and rehabilitation, thus the importance of recovering enough compensation to cover these costs. 

How Do Birth Injuries Happen?

Birth injuries can occur due to a variety of factors during pregnancy, labor, and delivery. Common causes include prolonged or difficult labor, which increases pressure on the infant’s head, potentially leading to brain injuries. Abnormal birthing presentations, such as breech positions, can complicate delivery, increasing the likelihood of injury. The improper use of assisted delivery tools like forceps or vacuum extractors may cause physical trauma, while oxygen deprivation due to undetected fetal distress or umbilical cord issues can result in severe complications. 

In our experience supporting victims, we have seen how medical malpractice, such as delayed C-sections or incorrect medication administration, further elevates the risk of birth injuries. Maternal health conditions, infections, and physical trauma during delivery are additional contributing factors.

Finding the Root Cause of Birth Injury to Support Your Case

Understanding whether a birth injury resulted from medical negligence requires extensive investigation and expert analysis. At Christie Farrell Lee & Bell, our birth injury lawyers in Gary offer a free initial consultation to evaluate your case and help determine if negligence played a role in your child’s birth injury.

We work on a contingency fee basis, which means you don’t pay any legal fees unless we successfully recover compensation for your family. During the initial evaluation process, we’ll examine factors such as the medical staff’s actions during delivery, adherence to standard protocols, response times to complications, and proper use of medical equipment. This comprehensive assessment helps establish whether negligence occurred and builds the foundation for a strong legal case.

Signs Your Birth Injury Case May Be Valid

To have a valid birth injury case, several elements come into play:

  • Failure to provide the standard of care: If medical professionals fail to provide the standard level of care expected in similar circumstances, resulting in harm to your child, you have a valid medical malpractice case.
  • Evidence of negligence: Evidence such as medical records, witness statements, or expert opinions indicating negligence or errors in the delivery process will support your claim.
  • Long-term impact: If your child requires ongoing medical care, therapy, or assistance due to the injury, this may strengthen your case.

To determine if there’s evidence of negligence or failure to provide the standard of care expected in similar situations, our attorneys will thoroughly investigate the circumstances surrounding your child’s injury. This way, we can build a strong case to support your claim and fight for the compensation your family deserves.

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

Proving medical negligence in a birth injury case involves establishing four critical elements:

  • Duty of care: Demonstrating that a provider-patient relationship existed, obligating the healthcare professional to provide competent care.
  • Breach of duty: Showing that the healthcare provider’s actions deviated from the accepted medical standard. This often requires expert witness testimony.
  • Causation: Proving that the provider’s negligence directly caused the birth injury. This can involve linking medical errors to the injury through detailed medical records and expert analysis.
  • Damages: Establishing the extent of harm caused, including physical, emotional, and financial impacts.

Supporting evidence may include medical records, expert testimonies, eyewitness statements from medical staff, hospital policies, and documentation of required therapies and medical expenses.

At Christie Farrell Lee & Bell, our team of dedicated birth injury lawyers understands the long lasting impact that birth injuries can have on families. Our goal is to support families in Gary, Indiana, by securing justice and the compensation they deserve.

Seeking Compensation for Birth Injury Damages

At Christie Farrell Lee & Bell, our approach includes an initial assessment of the case. During our first consultation (which is free) we listen to your story and start strategizing the best way to move forward and pursue legal action.

Then, we embark on an investigative process that includes collecting as much evidence as possible to support your claim. Later, we start negotiations with insurance companies or file a lawsuit on your behalf, focusing on obtaining the maximum compensation possible to cover various damages.

Our dedication to justice is reflected in our extensive track record, with case results featuring multi-million dollar settlements for affected families.

Types of Compensation Available

  • Medical expenses: Covering past and future medical treatments, surgeries, therapies, and any medical equipment necessary for your child’s care.
  • Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish endured by your child and your family.
  • Lost wages: If you or your partner must take time off work to care for your child or attend medical appointments, you may be entitled to compensation for lost wages.
  • Loss of enjoyment of life: Compensation for the reduced quality of life and the inability to participate in activities and experiences the child would’ve otherwise enjoyed.
  • Punitive damages: In cases of extreme negligence or misconduct, punitive damages aim to punish the responsible party and deter similar behavior in the future.

Statute of Limitations for Birth Injury Cases

If you are unfortunately dealing with a birth injury, it’s important to know Indiana’s statute of limitations (outlined in Indiana Code § 34-18-7-1). This law is “occurrence-based”, meaning that an action for medical malpractice generally must be filed within two years from the date the alleged negligent act occurred (rather than from the date it was discovered). 

Given the complexity of these rules, their potential exceptions, and the severe consequences of missing a deadline, it‘s crucial to seek legal advice as soon as possible after a birth injury occurs. Our attorneys will help you with all legal requirements and ensure your case is filed within the appropriate time frame.

What to Expect When Pursuing a Birth Injury Case

When pursuing a birth injury case with Christie Farrell Lee & Bell, you can expect a thorough and compassionate legal process:

  • Free case review: An initial consultation to assess the validity of your case.
  • Evidence gathering: Comprehensive collection of medical records, expert reports, and witness testimonies to build a strong case.
  • Filing the lawsuit: Legal documentation filed within Indiana’s statute of limitations.
  • Settlement negotiations: Most cases are resolved through settlements, where we advocate for fair compensation.
  • Trial representation: If necessary, our experienced trial lawyers will represent your interests in court.

Throughout this process, our legal team will handle the complexities, allowing you to focus on your family’s well-being.

Your Trusted Legal Advocates

At Christie Farrell Lee & Bell, we pride ourselves on our professionalism and dedication to client advocacy. If your family has been affected by a birth injury in Gary, Indiana, trust us to provide the compassionate, skilled representation you deserve.

Contact Us Today for a Free Consultation With Our Gary Birth Injury Attorneys

If you believe your child has suffered a birth injury due to medical negligence, don’t hesitate to contact us for a free consultation. Our compassionate team at Christie Farrell Lee & Bell is here to listen to your story, help you understand your legal rights and options, and guide you through the process of seeking justice. 

Schedule your consultation today and take the first step toward securing rightful compensation for your family.