The Turmoil And Heartbreak Of A Birth Injury
The day a child is born is one of the most joyous moments in any parent’s lifetime. Advances in prenatal diagnosis and obstetrical care have made most child deliveries in today’s 21st century safe and successful.
However, preventable injuries to the baby and/or the mother still do occur during labor and delivery process. A birth injury can leave a child with a lifetime of setbacks and medical complications.
If your family has been impacted by a birth injury in Indiana resulting from possible medical negligence, it is important to know your legal rights.
Why Do Birth Injuries Occur?
Many birth injuries happen because of an obstetrician’s improper use of a medical technique or device. Some common examples of preventable birth injuries include the following:
- Twisting and/or pulling an infant in an improper fashion during delivery
- Mishandling or improperly using birth-assisting tools like forceps or a vacuum extraction tool
- Administering the wrong type or wrong amount of a certain medication to the mother during pregnancy or labor
- Failing to properly monitor the infant’s distress or heartbeat
- Failing to schedule and perform an emergency C-section when necessary
Other inexcusable reasons for preventable birth injuries can even include a physician’s exhaustion, inattentiveness and inexperience.
Different Types Of Birth Injuries
Birth injuries can be temporary or last a lifetime, and symptoms often vary. There are so many different birth injuries that could be discussed, but some are more common than others. Learn more about the most cited birth injuries.
Medical Negligence And Pursuing A Birth Injury Claim In Indiana
When a birth injury occurs, parents may be able to pursue a medical malpractice claim. However, every birth injury litigation scenario is different.
What Is Needed To Win Your Case
To find a medical professional legally at fault for a birth injury in Indiana, you (the plaintiff) generally must be able to prove that his or her conduct fell below an accepted standard of medical care.
Your legal team must carefully prove several elements of your claim, depending on the type of malpractice, such as:
In general, if you bring a lawsuit against your obstetrician/caregiver for birth injuries to your child, then your birth injury attorney will be responsible for showing that:
- The medical professional owed a legal duty of care to your baby and to you;
- The medical professional breached this legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have under similar circumstances;
- The medical professional’s breach of the legal duty or standard of care caused harm to your baby (and to you in some cases).
An attorney will use expert witnesses to adequately explore the issues within a birth injury medical malpractice case. Experts can help explain:
- If the pre-natal care was adequate
- What actually occurred during the pregnancy in the specific case (including descriptions of any complications that occurred during the pregnancy/delivery)
- Descriptions of the physical and medical evidence of harm to the baby
- How the failure of the medical professional involved to use ordinary and reasonable care resulted in the birth injury sustained in the case
Types Of Birth Injury Cases Our Firm Handles
At Doehrman Buba Ring, in Carmel, our injury attorneys have more than 50 combined years of experience helping people who have suffered from birth injuries and other cases of medical malpractice.
We pursue claims for clients in situations including but not limited to:
- Cerebral palsy
- Hypoxia and anoxic brain injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Failure to perform a C-section
- VBAC (vaginal birth after cesarean) injuries
- Vacuum or forceps delivery complications
Contact Us Today To Find Out How We Can Help. Free Consultations.
If your baby suffered injury during the birthing process, contact our birth injury attorneys today online or by phone at 317-669-9445 to schedule a free consult to talk about what happened and legal recourse options.
Do not delay, as there are strict birth injury timeframes to file suit.