The day your child is born should be one of the happiest days of your life. Unfortunately, injuries to the baby or mother during pregnancy or birth can happen more often than you might think.
When you, your child, or your partner have experienced such an injury, the effects can be long-lasting and traumatic. An Indiana birth injury lawyer could help you protect and assert your legal rights by holding the medical professionals involved in the birth responsible for the medical malpractice that resulted in harm.
Common Birth Injuries
Many injuries are possible during labor and delivery depending on the context of the pregnancy, the mother’s health and existing conditions, whether the birth is premature or late, and whether it is vaginal or by cesarean section, among other factors. Some of the frequent issues that can arise during the birthing process include:
- Injuries to the nerves surrounding the child’s shoulder caused by over-exerted pressure during labor and delivery
- Impaired mobility and muscle development in the child due to a lack of oxygen during labor and delivery
- Injuries to the mother, such as uterine rupture or inversion, vaginal tearing, broken bones, or nerve damage
- Damage to the child’s nervous system due to an infection
- Swelling in the child’s brain or scalp
These injuries can affect the life of the mother or child after the birth in varying degrees of severity and lengths of time. A birth injury attorney in Indiana could work with medical experts to evaluate the extent of the injuries and then calculate the appropriate compensation.
Medical Negligence Standard
Not every injury during pregnancy or birth leads to liability. The injured mother or child’s parent must prove that the hospital personnel involved committed medical malpractice. Proving medical malpractice requires showing that the medical provider agreed to treat the patient, their actions did not meet the standard of care, the patient was hurt, and these actions caused the patient’s injuries. Meeting this standard requires a technical analysis and, most likely, expert testimony from other medical professionals who are familiar with these events. A birth injury lawyer in Indiana may be able to recommend and work with the appropriate experts to develop a solid case.
Although birthing errors are context specific, common actions that may rise to this level could include:
- Misinformation or failing to provide the correct information
- Delayed delivery or cesarean section
- Negligent monitoring
- Misdiagnosis
- Infection
In some situations, other entities besides the doctor in charge could commit negligence, such as anesthesiologists, midwives, nurses, and the hospital or the birthing center itself. A lawyer could help the plaintiff identify who is at fault and should be named on the lawsuit.
Reach Out to an Indiana Attorney After a Birth-Related Injury
Every child deserves the best care possible as they enter the world. Although complications can be unavoidable, some birthing injuries are a result of medical malpractice. When you, your partner, or your child have experienced harm, you deserve to be compensated for your injuries. You do not have to go through the legal process alone, especially under such challenging circumstances.
An Indiana birth injury lawyer from the Law Office of David W. Holub may be able to help you manage your case and recover the damages that you deserve. Schedule an initial consultation today to learn more.