How to File a Birth Injury Lawsuit in Indiana

Samuel R. Robinson

Author: Samuel R. Robinson

POST DATE: 1.20.23
Ccha  Personal Injury

How to File a Birth Injury Lawsuit in Indiana

When you go into labor, you trust your doctors to take care of you. However, sometimes, things don’t go as expected. Birth injuries are more common than you may think as 6 to 8 out of every 1000 babies suffer a birth injury during labor. And while some birth injuries are unavoidable, others are caused by medical malpractice.

If you believe your newborn suffered a birth injury due to medical malpractice, you should reach out to an experienced birth injury attorney as soon as possible. At Church Church Hittle and Antrim, we have seasoned attorneys that can help you seek the justice and compensation you deserve after your baby was injured during birth. Below, this post will discuss some facts about birth injuries and some basics about birth injury lawsuits. This way, you can be more fully informed before initiating your legal claim.

Birth Injury Lawsuit CCHA Law

Causes of Birth Injuries

Some common causes of birth injuries include:

  • Dystocia, or difficult labor
  • Large babies
  • Premature babies
  • Cephalopelvic disproportion, or the size and shape of the pelvis not being adequate for delivery
  • Prolonged labor

In some cases, injury is unavoidable. However, many preventable birth injuries result from medical malpractice. A birth injury lawyer can help you decide if the cause of your baby’s birth injury was due to unavoidable circumstances or if medical malpractice was involved.

Types of Birth Injuries

A birth injury refers to a baby suffering a physical injury purely as a result of being born. These types of injuries are also referred to as birth accidents. According to Stanford Medicine, some of the most common birth injuries include:

  • Brachial palsy, which is weakness or paralysis in the arms or hands as a result of an injury to the brachial plexus
  • Bruising or forceps marks
  • Caput succedaneum, which is the swelling of the soft tissue on the baby’s scalp
  • Facial paralysis, which can occur when forceps are improperly used during the delivery
  • Fractures, which most commonly affect the collarbone or clavicle
  • Subconjunctival hemorrhage, which is the breakage of the small blood vessels in the eyes of a baby

These are just some of the common types of birth injuries, but a baby can suffer a number of different injuries during birth. Further, some of these injuries will resolve on their own while others lead to permanent or lasting medical conditions.

What is a Birth Injuries Lawsuit?

Birth injury lawsuits are a type of legal action that can help you and your family receive compensation after your baby suffers a birth injury. The actions are brought against the parties responsible, and these parties can include the doctors involved, the hospital your baby was born at, or the nurses who helped during the birth.

An experienced birth injury attorney can help you negotiate a birth injury lawsuit settlement or, if necessary, take your case to trial.

Birth Injuries Medical Malpractice

Medical malpractice, or medical negligence, can result in a birth injury when the medical professional fails to uphold the proper standard of medical care during delivery. The proper standard of medical care includes a duty to use certain levels of caution and good judgment in the treatment of a patient. To prove that medical malpractice was present, you have to show:

  • Duty—that a legal duty existed, through the doctor/patient relationship, to use the proper standard of medical care
  • Breach—that the proper standard of medical care was breached under the circumstances
  • Causation—that the breach directly caused an injury
  • Damages—that you suffered some form of measurable harm from the injury

A birth injury attorney can explain these elements in more detail and help you build the strongest claim possible.

Statute of Limitations on Birth Injury Claims

If you are considering bringing a birth injury lawsuit, you should know there is only a certain amount of time you have to bring a claim in Indiana. In Indiana, the statute of limitations on birth injury claims requires a claim to be filed by the child’s 8th birthday.

How Can CCHA Law Help?

Birth injury cases can be complex and time-consuming. Because of this, you will want to find a birth injury attorney who is knowledgeable in the field and has experience dealing with birth injury cases. At CCHA Law, we have successfully litigated birth injury cases, and we are available to help you with your birth injury suit.

Further, if you are worried about the costs of litigation, you should not be concerned about choosing CCHA Law. Our firm works on a contingent basis, meaning that you pay us only if we win your case. To schedule a free consultation with one of our representatives, you can reach out to us online or call us at 317-773-2190.