Birth Injuries In Indiana: Your Family’s Legal Rights

Birth Injuries In Indiana: Your Family’s Legal Rights

The day your child is born should be one of the happiest of your life. But when a birth injury occurs, that joy can be replaced by fear, confusion, and a thousand unanswered questions. If you’re reading this, you may be worried that your child’s medical condition was preventable and are wondering where to turn for help.

Some birth injuries are unavoidable tragedies. Others, however, happen because a doctor, nurse, or hospital failed to provide the standard of care your family deserved. When medical negligence during childbirth is the cause, you may have the right to file a birth injury lawsuit. An experienced Indiana birth injury lawyer can help you find answers, seek accountability, and secure the financial help for children with birth injuries that your child will need for a lifetime of care.

What Is a Birth Injury?

A birth injury is any harm a baby suffers during pregnancy, labor, delivery, or immediately after birth. Unlike a birth defect, which is typically genetic, a birth injury is often the result of a medical error, such as oxygen deprivation or the improper use of delivery instruments like forceps or a vacuum extractor.

The impact can range from mild to severe. While some children recover fully, others face lifelong challenges like cerebral palsy, developmental delays, or permanent physical disabilities. In these difficult cases, a medical malpractice birth injury claim can provide the critical support your child needs to thrive.

What Are the Most Common Types of Birth Injuries?

Cerebral Palsy (CP)

Cerebral palsy (CP) is not a single disease but a group of permanent neurological disorders that affect a child’s movement, muscle tone, balance, and posture. As one of the most serious and life-altering birth-related conditions, it is often caused by damage to the developing brain, particularly from a lack of oxygen (asphyxia) during labor and delivery. This brain damage can lead to a lifetime of physical challenges requiring extensive therapy, medical equipment, and specialized care. While not all cases of CP are preventable, many are the direct result of medical negligence. Potential malpractice can include a failure to properly monitor the baby’s heart rate for signs of fetal distress, an unreasonable delay in performing an emergency C-section, mishandling umbilical cord complications, or failing to treat maternal infections or high blood pressure. To help answer the critical question, “Was my child’s cerebral palsy preventable?”, a dedicated cerebral palsy lawyer in Indiana can work with medical experts to thoroughly investigate the circumstances of the birth.

Brachial Plexus Injuries (Erb’s Palsy)

This is an injury to the brachial plexus, a complex network of nerves near the neck that sends signals from the spine to the shoulder, arm, and hand. When these nerves are stretched, compressed, or torn during a difficult delivery, it can lead to weakness, loss of sensation, or even paralysis in the affected arm—a condition commonly known as Erb’s Palsy. This type of injury often occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone, a complication called shoulder dystocia. Potential malpractice, which could be grounds for a shoulder dystocia lawsuit, can include a doctor applying excessive force by pulling on the baby’s head and neck, failing to perform specific maneuvers to safely free the shoulder, or not anticipating the complication when risk factors were present. If you believe this happened, a brachial plexus injury lawyer can help you understand your legal options.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-Ischemic Encephalopathy (HIE) is a severe and dangerous type of brain damage that occurs when the baby’s brain is deprived of adequate oxygen and blood flow for a significant period. This oxygen deprivation, also known as birth asphyxia, can trigger a cascade of cellular damage that leads to devastating, lifelong neurological conditions such as cerebral palsy, epilepsy, and cognitive disabilities. HIE is a medical emergency that can be caused by a number of preventable errors during labor and delivery. Potential malpractice includes the failure to act on signs of fetal distress, a delayed emergency C-section, the mishandling of umbilical cord complications like a prolapse or knot, placental abruption, or uterine rupture. A qualified HIE attorney in Indiana can meticulously review medical records to determine if a healthcare provider’s negligence was a factor in causing this tragic injury.

Read More from Powless Law Firm: The Difference Between Birth Defects and Birth Injuries: Legal Implications

Other Preventable Birth Injuries Include:

• Intracranial Hemorrhage (Brain Bleeds): Often caused by head trauma from improper use of delivery tools.
• Fractures: A broken clavicle (collarbone) or skull fracture can result from a difficult or rough delivery.
• Facial Paralysis: Damage to facial nerves from pressure during birth, sometimes from forceps.
• Spinal Cord Injuries: Rare but devastating injuries caused by excessive force during delivery.
• Perinatal Asphyxia: Lack of oxygen to the baby before, during, or after birth that can lead to organ failure.

What Are the Signs of a Potential Birth Injury?

As a parent, you know your child best. While doctors diagnose some conditions immediately, otherissues only become apparent over weeks or months. It is essential to trust your instincts if you feel something isn’t right. Some common signs that may indicate a birth injury include:

• Seizures within the first 48 hours of life: This is a critical warning sign that can point to brain trauma or oxygen deprivation that occurred during delivery.
• Limpness, weakness, or lack of movement in one arm or hand: You might notice one arm hangs limply or that they don’t use one hand to grasp objects. This can be a sign of nerve damage, such as a brachial plexus injury.
• An unusual arched back while crying: Persistent and extreme arching of the back can be a sign of neurological distress or significant pain.
• Difficulty breathing, eating, or swallowing: This may present as a weak latch during feeding, frequent gagging, or making grunting sounds while breathing, potentially indicating an injury affecting motor control.
• Failing to meet developmental milestones: While every child develops at their own pace, a consistent pattern of missing key milestones—like holding their head up, rolling over, or crawling—warrants a conversation.

If your child is showing any of these signs, you deserve to know why. Getting answers is the first step. Our team is here to help you understand what happened. Contact us for a free, no-obligation review of your case.

How Do I Know If I Have a Medical Malpractice Case?

Not every birth injury is the result of malpractice. To successfully pursue a claim in Indiana, your attorney must prove four key things:

1. Duty: The hospital and medical team had a professional obligation to provide you and your baby with safe care.
2. Breach: They failed to meet that standard of care. This means they acted in a way that a competent professional would not have.
3. Causation: This failure, or breach of duty, directly caused your child’s injury.
4. Damages: Your child and family suffered measurable harm, including medical bills, the need for ongoing therapy, long-term disabilities, and pain and suffering.

A skilled birth injury attorney in Indiana will handle the complex work of investigating medical records, consulting with experts, and building a case to prove these elements.

Why You Shouldn’t Wait to Seek Legal Help

If you suspect your child suffered a birth injury, it is crucial to act quickly. Indiana law imposes a strict statute of limitations for medical malpractice, which is a legal deadline for filing a claim. If you miss this deadline, you may lose your right to seek compensation forever.

Furthermore, evidence can be lost or fade over time. The sooner an investigation begins, the better the chances of preserving critical medical records and witness memories. Contacting a qualified attorney without delay is the most important step you can take to protect your child’s rights and secure their future.

Why Do Families Pursue Birth Injury Lawsuits?

Filing a lawsuit is about securing your child’s future. It provides:

• Financial Security: To cover lifelong medical care, therapy, special education, assistive equipment, and lost income for parents who become full-time caregivers.
• Accountability: Holding negligent medical providers responsible helps enforce safety standards and can prevent another family from suffering the same tragedy.
• Peace of Mind: Knowing you did everything in your power to fight for your child can provide a sense of closure and security.

Choosing the Right Indiana Birth Injury Lawyer for Your Family

These cases are incredibly complex, so it is critical to choose a law firm with specific experience and a proven track record in this area. Look for an attorney who focuses on medical malpractice  and birth injury claims, has a network of top-tier medical experts to review your case, can show a history of successful results in similar lawsuits, and treats you and your family with the compassion and respect you deserve.

Take the First Step Today

A birth injury changes your family’s life forever. While you focus on your child, let us focus on fighting for their future. If you suspect your child was harmed by improper medical care during birth, contact an experienced birth injury lawyer in Indiana to understand your legal options.

The Powless Law Firm represents families across Indiana—from Indianapolis to Fort Wayne and Evansville—in cases involving birth trauma lawsuits, medical malpractice birth injury claims, and cerebral palsy lawsuits. As experienced medical malpractice attorneys in Indiana, we are here to listen to your story and help you find the way forward.

Call (877) 469-2864 now for a free, confidential consultation. There is no fee unless we win your case.

Together we can make a difference.