How to Determine If You Have a Birth Injury Case
How to Determine If You Have a Birth Injury Case
When a newborn is injured during pregnancy, labor, or delivery, the consequences can be heartbreaking. What should be a joyous moment can quickly turn into a lifetime of uncertainty, stress, and emotional trauma. In many cases, these injuries are unavoidable. But when a birth injury occurs due to a preventable medical mistake, families may have grounds to pursue a birth injury lawsuit under Indiana law.
A birth injury case can help hold medical professionals accountable for their negligence and provide financial compensation to support the child’s ongoing care needs. Understanding whether you have a valid legal claim is the first step—and time is of the essence.
Understanding What Constitutes a Birth Injury
A birth injury refers to physical harm sustained by an infant before, during, or immediately after delivery. It’s important to distinguish this from a birth defect, which is typically genetic or developmental in nature and not caused by medical negligence. Birth injuries, on the other hand, may result from oxygen deprivation, mechanical trauma, or failure to treat complications in time. Some may heal on their own, but others lead to permanent damage, including conditions such as cerebral palsy, brachial plexus injury, or brain damage. If the injury was caused by improper medical care, it may qualify as a medical malpractice birth injury under Indiana law
Common Signs of a Birth Injury
Detecting a birth injury isn’t always immediately possible. Some signs are visible in the delivery room, such as difficulty breathing, seizures, low Apgar scores, or floppy limbs. You may also notice abnormal muscle tone, feeding issues, or a need for immediate medical intervention. These early symptoms are strong indicators that something went wrong during labor or delivery, and they warrant a closer look at the medical decisions made during that time.
As the child grows, additional red flags may include delayed developmental milestones, such as trouble crawling, walking, or talking. Cognitive or physical delays, hearing or vision issues, or a diagnosis like cerebral palsy may point to a past injury. If your child is not meeting typical growth patterns or has been referred for neurological or physical therapy, these may all be signs of a birth injury—and a possible indicator of medical negligence.
What Causes Medical Malpractice Birth Injuries?
While many deliveries occur without issue, birth injuries often result from failures in judgment or attention by healthcare providers. Common causes include failure to monitor fetal distress, improper use of forceps or vacuum devices, delays in performing necessary C-sections, or failure to diagnose and treat maternal infections or complications like preeclampsia. These medical errors can lead to serious consequences, such as oxygen deprivation, nerve damage, or traumatic brain injury.
Medical professionals have a duty to follow established standards of care. When they fail to act swiftly or make poor decisions under pressure, the outcome can be devastating for the child and family. If an injury was preventable with proper monitoring or intervention, it may form the basis of a birth trauma legal claim.
Do You Have a Valid Birth Injury Case?
In Indiana and throughout the U.S., not every injury is considered malpractice. To determine whether you have a viable birth injury lawsuit, the following legal elements must be proven:
- There Was a Duty of Care: The medical providers involved—OB-GYNs, nurses, hospitals—owed your child a professional standard of care during pregnancy, labor, and delivery.
- There Was a Breach of That Duty: The provider made an error or failed to act as a reasonable practitioner would under the same circumstances.
- That Breach Caused an Injury: There must be a clear connection between the provider’s mistake and the injury to your child—not just an unfortunate outcome.
- The Injury Resulted in Damages: These may include medical expenses, therapy, special education needs, loss of earning potential, and pain and suffering.
A seasoned birth injury attorney can help investigate medical records, consult expert witnesses, and build a case to meet these legal requirements.
What to Do If You Suspect a Birth Injury
If you believe your baby was harmed during birth due to a provider’s negligence, it’s crucial to act quickly. Indiana law imposes time limits—known as the statute of limitations—on when you can file a medical malpractice claim.
Here’s what you can do right now:
- Consult a medical malpractice attorney and allow them to request and review medical records from the hospital, OB-GYN, and pediatrician—this is a standard part of the legal investigation process and is best handled by your legal team
- Document your child’s symptoms, diagnoses, and treatment plans
- Write down everything you remember from the pregnancy and delivery process
- Look for patterns of delayed care, unusual comments, or lack of urgency from your medical team
Most attorneys in this area work on a contingency basis, meaning there’s no fee unless your case is successful.
Why Pursue a Birth Injury Lawsuit?
A birth injury lawsuit is not just about seeking financial compensation—it’s about ensuring your child has access to the care, tools, and opportunities they need to live their best life. These claims can cover long-term medical expenses, therapy, assistive equipment, home modifications, and lost income for parents who must leave the workforce to provide care. Just as importantly, legal action helps expose negligent medical practices and encourages hospitals to improve patient safety protocols—potentially preventing future harm to other families.
Choosing the Right Birth Injury Attorney
Because birth injury cases are both medically and legally complex, choosing an attorney with the right experience is critical. Look for a lawyer who specializes in medical malpractice birth injury claims, has access to medical experts, a strong record of results, and a compassionate approach to client relationships. The right attorney will not only handle the legal aspects of your case but also serve as a trusted advocate for your family’s future.
Conclusion
A birth injury can change the course of a child’s life—but it doesn’t have to define it. If your child was harmed by medical negligence during delivery, you may be entitled to pursue a birth injury case. Taking legal action can provide your family with answers, resources, and the justice your child deserves.
The Powless Law Firm is an Indiana law firm that represents victims and families state-wide in serious cases involving nursing home neglect, medical negligence, personal injury and wrongful death. If you have concerns about nursing home neglect or abuse, please contact us at (877) 769-5377. Together we can make a difference.