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

If your child has suffered a birth injury due to negligence, we’re here to help you navigate Indiana’s complex legal system and fight for the compensation you deserve. From the initial consultation to the final resolution, we meticulously handle all aspects of your case, including: 

    • Expert legal advice: Our experienced attorneys will evaluate your case, identify any negligence or malpractice, and provide you with informed legal counsel.
    • Thorough investigation: We meticulously review medical records, consult with medical experts, and gather all necessary evidence to build a strong legal strategy.
  • Damage calculation: After establishing liability, we work closely with medical experts to understand the extent of your child’s injuries, the long-term care they may require, and therefore the adequate compensation amount we need to pursue.
  • Filing the lawsuit: Our team will take care of filing the necessary paperwork, adhering to the requirements and deadlines stipulated by law.
  • Negotiation and representation: Our skilled negotiators will handle communications with insurance companies and, if necessary, represent you in court to ensure you receive the maximum compensation available under the law.

At Christie Farrell Lee & Bell, we have the knowledge and resources to handle even the most challenging birth injury cases. Trust us to advocate fiercely on your behalf, protecting your rights and serving justice in the process.

Pursuing Compensation for Damages in South Bend

To pursue compensation, we employ a thorough approach that allows us to build strong, compelling cases. This includes discussing your case during an initial free consultation, strategizing the best way to move forward, and investigating the incident by reviewing all relevant medical records, consulting with medical experts, and gathering the necessary evidence.

When building your case, we strive to ensure that every detail is accounted for, with the goal of securing the maximum compensation possible for your family. We understand that no amount of money can undo the harm caused by medical negligence, but we believe families deserve to be compensated for all damages incurred as a result of the injury.

Our firm approaches each birth injury case with compassion and empathy, and our team is dedicated to advocating for families with a strong commitment to justice.

Common Types of Birth Injuries

We have seen how these injuries can range from mild to severe, with some cases leading to catastrophic injuries and even wrongful death in the most tragic circumstances.

The most common types of birth injuries sustained include:

  • Nerve damage: Such as brachial plexus injuries, which can result in temporary or permanent arm paralysis.
  • Brain damage: Often caused by lack of oxygen, leading to complications like cerebral palsy.
  • Bone fractures: Especially of the collarbone during difficult deliveries.
  • Cephalohematoma: Bleeding between the baby’s skull and its periosteum.
  • Caput succedaneum: Swelling of the soft tissues of the baby’s scalp.
  • Facial paralysis: Due to pressure on the baby’s face during labor.

Understanding the nature and extent of these injuries is crucial in pursuing a birth injury claim, and we have the expertise to assess the specific circumstances of your situation.

Examples of Medical Malpractice During Childbirth

  • Failure to detect or properly monitor fetal distress and the baby’s heartbeat: This can lead to serious complications during labor and delivery, putting the baby’s health at risk.
  • Failure to prevent or treat severe maternal bleeding or tearing: Inadequate medical intervention in these situations can result in harm to both the mother and the baby.
  • Failure to perform a medically necessary C-section on time: Delays in performing a C-section can lead to oxygen deprivation and subsequent brain damage.
  • Improper use of delivery tools: Misuse of tools like forceps or vacuum extractors can cause physical trauma to the baby.
  • Improper administration of medication: Administering incorrect dosages or types of medication during labor.
  • Failure to diagnose and treat infections: Ignoring or improperly treating maternal or fetal infections.
  • Inadequate prenatal care: Failing to provide necessary prenatal screenings and care.

Proper medical care and intervention during childbirth are crucial to prevent birth injuries and ensure the safety of both the mother and the baby. If you believe that medical malpractice contributed to your child’s birth injury, you’re not alone. Our attorneys will help you seek justice and hold the responsible parties accountable.

Statute Of Limitations for Birth Injury

Indiana’s statute of limitations for filing a birth injury lawsuit is 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. However, there are some exceptions to this:

  • If the victim was a child under six years old at the time of the injury, the family has until the child’s 8th birthday to file the lawsuit.
  • If the injury wasn’t immediately apparent, the statute of limitations may start when the injury is discovered (also known as “discovery rule”).
  • If a healthcare provider’s deception prevents the discovery of malpractice, the statute of limitations may be extended until the deception is uncovered.
  • If the responsible party leaves the state of Indiana, the statute of limitations may be tolled during their period of nonresidence. This exception doesn’t apply if the responsible individual maintains an agent for service of process in Indiana.
  • In medical malpractice cases where the claim exceeds $15,000, the complaint must first be submitted to a medical review panel. The statute of limitations is tolled for 90 days after the panel issues its opinion.
  • Claims against government entities have different time limits. Generally, a notice of claim must be filed within 180 days for local government entities and within 270 days for state government entities.

These exceptions significantly impact the timeframe for filing a lawsuit, so make sure you consult with us as soon as possible after the injury to understand the specific details and deadlines applicable to your case.

Schedule Your Free Consultation – Contact Us Today – South Bend Birth Injury Lawyer with Over 40 Years of Experience

With decades of personal injury law experience in Indiana, our team is well-equipped to provide the support you need after a birth injury in South Bend. Don’t hesitate to contact us today to schedule a free consultation and take the first step towards securing justice for your child and family.