Birth Injury Lawyer

indiana birth injury lawyers

Birth Injury Lawyers

  The first thing you should do for legal advice is contact a lawyer. There are many different birth injuries, so finding a lawyer specializing in this area is essential.  

Forms Of Birth Injuries

  Here are some of the common birth injuries;

  • shoulder dystocia (when the baby gets stuck during delivery), brachial plexus injury (the nerves in the arm may not develop properly), 
  • nerve damage,
  •  cerebral palsy, 
  • and vision problems.

Causes Of Birth Injuries

  A birth injury occurs during childbirth when a baby suffers from being born too soon, having the wrong size head, or being delivered by forceps or vacuum extraction. The birth injury could be shoulder dystocia (when the shoulders of the baby become stuck behind the mother's pubic bone).   Other causes include;  

  •  breech presentation (where the legs come out first),
  •  placental abruption (the placenta detaches from the uterus before delivery), 
  • cord prolapse (the umbilical cord comes out of the womb),
  •  fetal distress (the baby isn't getting enough oxygen), 
  • and meconium aspiration syndrome (baby swallows amniotic fluid containing stool)

Birth Injury Medical Malpractice Laws

  The law requires doctors to provide appropriate care to pregnant women, including prenatal care, childbirth education, and routine checkups. Doctors must also inform expectant mothers of any risks associated with pregnancy, labor, delivery, and breastfeeding. They must also ensure that newborn babies receive proper treatment after birth.  

Birth injuries resulting from head trauma or oxygen deprivation

  The law requires health professionals to report any suspected birth injury cases to the police within 24 hours of discovering them. So, if you suspect your baby was injured at birth, you must contact the local hospital immediately.  

Birth Injury to Baby

  A birth injury is when your baby is harmed at birth resulting in fractures, bleeding, bruising, burns, nerve damage, or infections.  

Premature Birth

  The suitable way to save yourself from being sued by a negligent doctor is to seek a lawyer specializing in medical malpractice cases. A medical malpractice attorney will know what information you need to gather to prove negligence. They will also know which experts you need to hire to testify at trial.  

What Are the Most Common Injuries to Mothers During Birth?

  Some common injuries during childbirth include;

  •  shoulder dystocia (when the baby gets stuck at the top of the birth canal),
  •  breech presentation (the baby presents feet first instead of headfirst), 
  • cord prolapse (where the umbilical cord wraps around the baby's neck), 
  • and placental abruption (a tear in the placenta).

Maternal Death

  The death of a pregnant woman during pregnancy or within 42 days after delivery is called maternal mortality. In 2015, it was estimated that 289,000 women died from complications related to pregnancy and childbirth, accounting for 6% of all global maternal deaths.  

How Can Birth Injuries Be Avoided?

  The first step is to determine if your child has suffered a birth injury. Consult your doctor or midwife where your baby was born at the hospital. If they don't know what happened, ask them to contact the hospital where your child was delivered.   Next, seek medical attention from a specialist. A pediatrician or neonatologist will be able to tell you whether your child has suffered a severe birth injury. They may recommend further tests, including MRI scans and X-rays.   If your child has suffered a severe birth injury, you'll need to consider legal action. It's important to remember that it doesn't matter who caused the damage - it could have been a doctor, nurse or midwife, or someone else working in the delivery suite.  

What Types of Cases Do Birth Injury Attorneys Take?

  The types of cases we handle include medical malpractice, product liability, car accidents, dog bites, and many others. Our attorneys are pro in handling all kinds of issues involving birth injuries, including cases involving premature babies, stillbirths, neonatal deaths, and newborns who have cerebral palsy, spina bifida, and other neurological problems.  

Statute Of Limitations For Birth Injury Claims

  The claimant's time restriction for filing a claim varies from state to state. In most states, it is two years after the date of the incident. This means that if you were injured at birth, you might not file a lawsuit until two years after the birth.  

How Can a Lawyer Assist You Following a Birth Injury?

  A lawyer will guide you through filing a claim and negotiating compensation from the hospital or doctor responsible for causing your child's injuries. You can consider Hoosier Injury Attorneys at Indiana for Birth Injury Lawyer services. You can also visit our website for more information or booking appointments.  

Frequently Asked Questions

What if my baby dies during delivery?

  It involves many factors, such as the severity of the birth injury, whether the damage was caused by medical negligence, and what kind of care your child received after they were born. It's important to understand that not all birth injuries are preventable. For example, suppose your baby suffers a severe brain injury due to a lack of oxygen at birth. In that case, this could happen regardless of whether your doctor performed an emergency cesarean section.  

When should I contact a birth injury lawyer?

  Birth injuries are often not reported by parents because they feel guilty or ashamed. But if you doubtful that your child may have sustained a birth injury, it is essential to seek medical attention immediately. Contact a birth injury attorney as soon as possible.  

Do I have to go to court?

  The first step is to contact the Birth Injury Unit at the Children's Hospital. They will assess whether your child needs treatment and, if so, what kind of treatment they require. This may include surgery, physiotherapy, speech therapy, occupational therapy, psychological counseling, or any combination of treatments. If the unit accepts your case, it will then set up a meeting with the Child Protection Team (CAT) to discuss the best way forward. The CAT will decide whether to pursue a civil claim against the person responsible for causing your child's birth injury and, if so, which law firm to approach. The team will also advise you to seek compensation through the Birth Injury Compensation Scheme (BICS), which provides financial assistance to people who suffer preventable birth injuries.  

Who is responsible for my baby's injuries?

  The law states that if someone else was negligent or failed to provide adequate care, they could be held legally liable. This includes doctors, midwives, nurses, hospitals, and anyone else who had a role in your child's care.

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