Was your baby injured during the labor and delivery process in Indianapolis, IN? Birth injuries can impact your family’s entire future. If your doctor made a mistake, an Indianapolis birth injury lawyer at Wilson Kehoe Winingham Injury Lawyers can help you fight for compensation. Call (317) 920-6400 today for a free consultation.
Our attorneys have over 40 years of experience helping families like yours hold negligent healthcare providers accountable. We’ve successfully resolved over 4,000 cases on behalf of injury victims and their families.
If you have questions about your legal rights, we have answers. Call us today to schedule a free consultation.
Why Choose Wilson Kehoe Winingham Injury Lawyers to Help With a Birth Injury Claim in Indianapolis?
Medical malpractice cases are incredibly tough to win. The negligent healthcare provider will have teams of attorneys and insurance adjusters advocating on their behalf.
If your baby was harmed, you deserve an experienced Indianapolis personal injury lawyer who will do everything possible to maximize your compensation award.
When you hire Wilson Kehoe Winingham Injury Lawyers, you’ll benefit from six attorneys focused on securing compensation for your family. We’ve helped thousands of families get the money they need and deserve after an injury.
Our Indianapolis personal injury attorneys have been recognized with:
- Martindale-Hubbell’s highest AV rating
- Super Lawyers designation
- Best Lawyers in America designation
Are you ready to learn more? Call our Indianapolis birth injury attorneys for a free consultation today.
How Much Is My Indianapolis Birth Injury Case Worth?
The value of any personal injury case depends on the victim’s unique circumstances. The severity of the injury is a controlling factor when assessing your case value.
Factors that will be relevant to the equation include:
- Your baby’s prognosis for recovery
- Your current medical treatment costs
- Your family’s expected future needs and associated costs
- The nature of the healthcare provider’s mistake
- Whether your child is expected to be able to work and earn a living
- How the ordeal has impacted your family’s quality of life
- How your child’s future quality of life is expected to suffer
Birth injury cases are complicated. Many of your damages will be designed to compensate for expected future needs and losses. Assessing their value can be extremely challenging.
When you bring in our team of lawyers, we’ll hire experts in various fields. Testimony from respected experts can make a huge difference in the amount of money you take home. It’s rarely the case that an insurance company simply hands over the full amount a family deserves.
What Types of Compensation Are Available if My Child Suffered a Birth Injury in Indianapolis?
Your family can pursue compensation for both economic damages and non-economic damages under Indiana law.
Economic damages compensate for any current expense and all projected future expenses, including:
- Past and future medical expenses
- The amount of income you’ve lost due to increased childcare needs
- Your child’s lost earning potential
- Physical therapy
- Rehabilitation
- Mental health counseling
- Special education needs
- Increased childcare costs
Non-economic damages compensate for the more personal and intangible losses your family has experienced, including:
- Pain and suffering
- Emotional distress
- Loss of a normal, healthy childhood
- Depression
- PTSD
- Diminished quality of life
- Disfigurement
- Scarring
- Chronic pain
- Loss of enjoyment of life
Documenting your current losses can prove to be overwhelming. Anticipating expected future needs can be even more difficult. It’s always a good idea to consult an experienced Indianapolis birth injury attorney who can help you negotiate for a full settlement–and take your case to trial if the insurance deal isn’t fair.
We Handle All Types of Birth Injury Cases in Indianapolis
Our lawyers are prepared to help you fight to recover compensation for all types of brain injuries, including:
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Traumatic brain injuries
- Hypoxic Ischemic Encephalopathy (HIE)
- Brachial plexus injuries
- Subconjunctival hemorrhages
- Fractures and broken bones
- Caput succedaneum
- Spinal cord injuries
- Paralysis
- Amputations
- Neck injuries
- Wrongful death
Injuries at birth have the potential to change the course of your child’s life entirely. Count on our lawyers to help you hold the responsible parties accountable. The money you recover by filing a claim can make a world of difference to your family’s future.
Contact our law office in Indianapolis today to learn how we can help you fight for just compensation.
What Are Some Signs and Symptoms of a Birth Injury?
It’s not always clear that a complication has occurred during the delivery process. Even if your baby’s injury isn’t immediately obvious, it’s important to monitor them carefully for any unusual signs.
Some possible signs to watch for include:
- A need for resuscitation after birth
- Rapid breathing
- Pale or bluish skin color
- Any type of bruising or swelling
- Low heart rate or heart rate that decreases with time
- Crying with an unusually strained and arched back
- Poor reflexes
- Unusually high-pitched crying
- Seizures
The symptoms of a birth injury can vary depending on the nature of the injury. In some cases, the harm may not become clear until your child begins to miss developmental milestones.
What Is Medical Malpractice in Indiana, and Why is it Relevant to My Birth Injury Case?
Many birth injuries occur due to medical errors. Doctors, nurses, and other healthcare providers are held to certain standards in Indiana. When they deviate from the applicable standard of care, they can be held responsible for the resulting harm.
OB-GYNs and other medical professionals on your birthing team have had years of training. Unfortunately, sometimes they take actions that do not reflect that training.
Do you suspect that your doctor or healthcare provider made a mistake? Our attorneys can help you identify the error and prove you’re entitled to compensation.
Who Can Be Liable for Paying My Damages After a Birth Injury in Indiana?
Anyone who contributed to the injury can be held accountable.
That might include:
- The OB-GYN in charge of your pregnancy, labor, and delivery
- Nurses
- Hospitals and medical clinics
- A family doctor
- Specialists who were consulted on your case
In the end, you’ll likely be dealing with a medical provider’s insurance company and their defense teams.
How Much Does It Cost to Hire a Medical Malpractice Lawyer to Handle a Birth Injury Claim in Indianapolis?
Like most medical malpractice and personal injury law firms, we operate on a contingency fee basis. You can hire Wilson Kehoe Winingham Injury Lawyers without paying anything upfront. You’ll instead pay your attorneys’ fees as a percentage of your settlement or verdict.
What Are Some of the Leading Causes of Birth Injuries in Indianapolis?
Birth injuries can occur for any number of reasons. Often, they occur because of medical negligence.
Some common causes of birth injuries in Indianapolis include:
- Failing to review the mother’s medical history to identify risk factors that could harm the mother or the baby during labor and delivery
- Oxygen deprivation for the infant
- Mistakes with anesthesia
- Uterine rupture
- Delays in performing a Cesarean section when needed
- Failing to monitor the mother and the baby during labor and delivery for signs of distress
- Surgical errors
- Failure to recognize complications arising from the baby’s size
- Failing to diagnose a prolapsed umbilical cord in a timely manner
- Improperly using forceps, vacuums, and other birthing-assist devices
- Failure to recognize adverse drug interactions
- Failure to refer to a specialist when called for
- Placental abruption
If your baby was injured during labor and delivery, you deserve to understand why. Our lawyers are here to help you fight to hold the negligent medical provider accountable. Call our team today to schedule your free case review to get started.
How Common Are Birth Injuries?
Unfortunately, birth injuries are more common than you might think.
Some studies estimate that between six and eight birth injuries occur for every 1,000 live births in the U.S. In a recent year, the CDC estimates that 3,622,673 babies were born nationwide, meaning over 25,000 babies sustained birth injuries that year.
What Do I Have to Prove to Recover Compensation if My Child Suffered a Birth Injury in Indianapolis?
Most birth injury cases are medical malpractice claims.
To recover damages, you must prove:
- You (and your baby) were the defendant’s patients, so they owed you a legal duty of care
- They breached their duty by failing to adhere to the medical standard of care
- That breach of duty caused your baby to suffer harm
- Your family suffered damages
Expert testimony will be critical to establishing these elements.
What is the Time Limit for Filing a Lawsuit After a Birth Injury in Indiana?
Typically, the statute of limitations gives you two years from the date of the injury to file a lawsuit. When the victim is under age six, you have until their eighth birthday to file a claim for compensation.
Contact Our Indianapolis Birth Injury Lawyers for a Free Consultation Today
Was your child injured at birth in Indianapolis, IN? Count on an experienced Indianapolis birth injury attorney to help you fight for compensation. Call Wilson Kehoe Winingham Injury Lawyers to learn more about your legal options today.