Indiana Birth Injury Lawyers Who Fight for You

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The day your child is born should be joyful. However, many parents are devastated as their newborn suffers lifelong injuries that could have been prevented. These tragic results may occur due to the incompetence, negligence, or medical malpractice of the doctors you trusted during labor and delivery. As parents, it’s important to understand your rights and ensure that you and your baby receive the highest level of care during this crucial time.

Birth Injury Negligence and Medical Malpractice Cases

Birth-related medical malpractice happens when a doctor, hospital, or medical staff does not provide a reasonable standard of care during pregnancy or delivery. Trauma during pregnancy or birthing can have dire consequences for both mother and baby.

Wrongful Birth

Wrongful birth claims arise when healthcare providers fail to detect issues during early pregnancy. In these cases, parents may sue because their provider did not adequately diagnose or inform them about severe anomalies in their baby that would be present at birth. Additionally, the provider may have neglected to inform the parents that they were at high risk of conceiving a child with genetic defects or life-threatening conditions.

It’s important to note that parents typically do not receive compensation for the ongoing, lifelong expenses associated with raising a child with disabilities. However, they may be compensated for costs related to the pregnancy, childbirth, and the child’s immediate medical needs.

Maternal Injury

Maternal injuries are often caused by medical errors during delivery, such as not managing severe bleeding promptly or not performing a necessary cesarean section. Injuries to the mother can have severe physical and emotional consequences, including an inability to bear future children.

Maternal injuries may include:

Vaginal tears requiring stitches or surgery for proper healing
Damage to the pelvic floor muscles causing incontinence or pelvic pain
Uterine rupture or hemorrhage requiring emergency hysterectomy (removal of the uterus)
Anxiety or post-traumatic stress disorder (PTSD) after a traumatic delivery experience

Infant Delivery Injuries

Delivery injuries include any type of harm done to an infant near or during the time of birth. Babies can end up with permanent damage from birth injuries, both mild to life-altering.

Examples of birth injury causes include:

Hypoxia. Lack of blood supply to the baby can lead to fetal oxygen deprivation (hypoxia), which can result in brain damage or other serious conditions.
Broken bones. Emergency delivery or excessive pressure may fracture a newborn’s skull, collarbone, or arms.
Premature birth. If emergency intervention is necessary, it may lead to preterm delivery, which can come with its own set of risks for the newborn.
Head injuries. Infants can sustain various head injuries during delivery due to the physical stresses involved in the birthing process.
Nerve injuries. In addition to brachial plexus injuries, facial nerve injuries from forceps use can cause temporary weakness or paralysis on one side of the face.
Stillbirth. In severe cases, the baby may not survive due to lack of oxygen or severe trauma.

How Do Birth Injuries Happen?

Birth injuries may result from any number of conditions or events during pregnancy, labor, or delivery. Common examples of doctor errors leading to birth injuries include:

Failure to recognize a fetus is in distress during labor
Unnecessary prolonged labor or delivery delays due to understaffing
Inadequate monitoring of mother and baby during labor and delivery
Vacuum extraction of a large baby in a first-time mother
Failure to detect umbilical cord complications (such as cord wrapped around the baby’s neck)
Failure to manage vaginal birth after C-section (VBAC)

Short and Long-Term Effects of Birth Injuries

A mismanaged delivery can pose serious complications to an infant. Some may be temporary, but others can be highly debilitating and affect a child’s quality of life. Head and neck injuries are particularly devastating, as they can result in learning difficulties or impaired motor function.

Common head injuries to an infant during delivery include:

Cephalohematoma. Blood pooling between the baby’s skull and the membrane covering the skull occurs when blood vessels rupture due to pressure on the baby’s head. Cephalohematomas vary in size and may take weeks to resolve.
Caput succedaneum. This involves swelling of the soft tissues on the baby’s head, often appearing as a lump or bruise. It results from pressure during delivery and usually resolves within a few days.
Fractured skull. Although rare, a skull fracture can occur during delivery, usually in cases of prolonged labor or the use of forceps or vacuum extraction. Symptoms may include swelling, bruising, or visible deformities on the head.
Intracranial hemorrhage. This is a more severe and less common injury that can occur when there is bleeding within the skull. Trauma or complications during delivery could result in lethargy, seizures, or abnormal head shape.
Brachial plexus injury. While not a head injury in the strictest sense, it can occur due to excessive pulling on the head during delivery. Damage to the nerves controlling arm movement can cause arm weakness or paralysis.

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What Does a Birth Injury Lawyer Do?

Doctors who fail to provide proper treatment should be held accountable for their medical negligence and compensate their patients accordingly. The amount of money you can receive for your claim varies depending on the facts of your case.

Indiana neonatal injury attorneys like WKW help you through this difficult time by listening to your story, collecting documentation about the event, and building a strong case for financial damages from a negligent provider.

This stress is multiplied when the newborn is recovering from a birth injury. Your baby may have:

Special medical needs
Require an extended hospital stay
Have prolonged symptoms that are expected to last into childhood or even adulthood

Unfortunately, ongoing medical needs, numerous doctor’s appointments, and extended hospital stays are not just inconvenient and stressful; they are also expensive. Medical care for your baby can cost thousands of dollars per year. And depending on your child’s condition, they may require expensive, continuous care for years to come.

To make matters worse, one or both parents may need to cut back on work or unexpectedly give up a career to care for their child.

These ongoing medical costs, combined with a possible loss of income, can financially put a family at risk. If your child’s birth injury was the result of medical malpractice, it is reasonable and just to request compensation for these unforeseen expenses.

If your family is suffering as the result of a birth injury, you may already know that you need a birth injury attorney and want to know what to expect as you take your next steps.

Which Birth Injury Lawyer Should I Choose?

Birth injury cases are complex. Finding a medical malpractice attorney with birth injury experience is essential to evaluate your claim. Fortunately, our law firm knows how to handle cases like yours.

At Wilson Kehoe Winingham, we are well-equipped to properly evaluate and pursue your birth injury case. In addition to our numerous birth injury case results, our partner Bruce Kehoe is one of only three attorneys in the United States to be featured in Parenting magazine’s 2013 Top Birth Injury Advocates special section nationwide.

Our lawyers also work on a contingency basis, so you won’t owe us anything unless we can secure compensation that will ease your burden.

Contact Our Indiana Medical Malpractice Attorneys Today

The Indiana birth injury attorneys at WKW can help you get the compensation you need to move forward. If you need legal help for birth injuries in Indiana, contact us today at (317) 920-6400 or fill out our online form for a no-obligation, free consultation.