Childbirth should be one of the most joyful experiences of your life. But when medical negligence causes injury to you or your baby, that joy turns to heartbreak and fear. As a mother and an attorney, I understand how devastating birth injuries are—and I want you to know your rights.
What Are Birth Injuries?
Birth injuries are harm to the mother or baby caused by medical negligence during pregnancy, labor, or delivery. They're different from birth defects, which are genetic or developmental conditions that aren't caused by medical error.
**Common Birth Injuries to Babies:** - Cerebral palsy from oxygen deprivation - Erb's palsy (nerve damage to the arm) - Brachial plexus injuries - Fractured bones (clavicle, skull) - Brain damage from delayed C-section - Infection from prolonged labor **Common Birth Injuries to Mothers:** - Severe vaginal or perineal tears - Uterine rupture - Hemorrhage from delayed intervention - Infection from unsanitary conditions - Anesthesia errors - Surgical errors during C-section
When Is It Medical Malpractice?
Not every birth injury is malpractice. Childbirth carries inherent risks. But when a healthcare provider's negligence causes preventable harm, you have a right to compensation.
**Examples of Negligence:** - Failing to monitor fetal heart rate properly - Ignoring signs of fetal distress - Delaying a necessary C-section - Improper use of forceps or vacuum extraction - Failing to diagnose or treat maternal conditions (preeclampsia, gestational diabetes) - Medication errors - Failing to respond to umbilical cord problems - Inadequate prenatal care
Red Flags During Pregnancy and Delivery
Trust your instincts. If something feels wrong, speak up. Red flags include: **During Pregnancy:** - Your concerns are dismissed - Test results are ignored or not followed up - You have symptoms of preeclampsia (severe headache, vision changes, swelling) that aren't taken seriously - Your doctor doesn't monitor high-risk conditions properly
**During Labor and Delivery:** - Fetal heart rate shows distress, but staff don't act urgently - You're told you're "being dramatic" about pain - Labor is prolonged without intervention - You're pressured into decisions without full information - Staff seem disorganized or understaffed
**After Delivery:** - Your baby doesn't cry or has trouble breathing - Your baby has seizures or seems lethargic - You have severe bleeding or pain that's dismissed - You develop an infection
The Impact of Birth Injuries
Birth injuries can have lifelong consequences: **For Your Baby:** - Permanent disabilities requiring ongoing care - Developmental delays - Need for surgeries, therapies, special education - Reduced quality of life - Shortened life expectancy in severe cases
**For You:** - Physical pain and limitations - Emotional trauma and PTSD - Grief over the birth experience you didn't have - Guilt (even though it's not your fault) - Financial stress from medical bills and lost income - Strain on your marriage and family
What You Can Recover
Birth injury cases can result in significant compensation because the damages are often lifelong. You may recover: **For Your Baby:** - Past and future medical expenses - Costs of therapies and rehabilitation - Special education and care needs - Adaptive equipment and home modifications - Lost future earning capacity - Pain and suffering
**For You:** - Medical expenses - Lost wages and earning capacity - Pain and suffering - Emotional distress and PTSD treatment - Loss of enjoyment of life
Indiana's Medical Malpractice Process
Birth injury cases in Indiana must go through a medical review panel before filing a lawsuit. This process involves: 1. Filing a proposed complaint with the Indiana Department of Insurance 2. Presenting your case to a panel of healthcare providers and an attorney 3. Receiving the panel's opinion (though it's not binding) 4. Proceeding to court if necessary
This process takes time, which is why it's critical to contact an attorney as soon as possible. Indiana's statute of limitations for medical malpractice is two years, but the review panel process can take 9-12 months.
Why Birth Injury Cases Are Complex
Birth injury cases require: - Medical experts to review records and testify - Detailed analysis of fetal monitoring strips - Life care planning for children with permanent disabilities - Understanding of obstetric standards of care - Experience navigating Indiana's medical malpractice system
You need an attorney who has handled birth injury cases and has the resources to build a strong case against well-funded hospital defense teams.
You're Not Alone
If your baby was injured during birth, you're probably feeling: - Overwhelmed by medical appointments and therapies - Guilty (even though it's not your fault) - Angry at the doctors and hospital - Scared about your baby's future - Financially stressed
These feelings are normal. And you don't have to face this alone.
Take Action
If you believe medical negligence caused harm to you or your baby during pregnancy, labor, or delivery: 1. **Get your medical records** - Request complete records from all providers 2. **Document everything** - Keep a journal of your baby's symptoms, treatments, and your concerns 3. **Follow all medical advice** - Your baby needs the best care possible 4. **Contact an attorney** - Don't wait. Evidence can be lost, and time limits apply
Contact our office for a free consultation. We'll review your case with medical experts, explain your rights, and fight for the compensation your family needs. No win, no fee.
Your baby deserves the best possible future. Let us help you secure it.