Birth Injury Lawyer Indianapolis, IN
When you have a child, you should be ecstatic with happiness, extremely proud and ready to show your beautiful child to the world. But sometimes, there are risk factors or negligence when a baby is being born, that can lead to birth injuries. When your birth and delivery does not go as planned, you have the right to take legal action. A skilled lawyer can determine if your injury was due to the negligence of a medical professional who had a duty to provide you reasonable care and failed to do so. Don’t wait any longer if you have had a birth injury as there is limited time to file a claim. If your family is heartbroken and dealing with a birth injury to a child, please reach out to a birth injury lawyer in Indianapolis, IN.
Ward & Ward Law Firm has experience in many fields of law, but especially in birth law. With nine decades of experience total, we can handle anything you need. If you are concerned that your case is too difficult or complicated, don’t be. We have specialized skills and experience working on a variety of cases, so we will gladly provide you legal assistance. During this difficult and challenging time, you should not have to go through it alone. In cases that not only impact you but your loved ones directly, you deserve to receive the highest quality of legal assistance. We’ll help you grieve this injury to your child, and we’ll help you figure out what happened—to process it—and demand compensation and that the medical staff or hospital correct their errors.
Roughly 28,000 birth injuries occur each year, resulting in harm to a child or mother. But what is a birth injury? This is an injury that’s usually physical and occurs when the child is born; not every injury can be avoided, but in cases of negligence, the injuries would not have occurred naturally, and should not have occurred at all. When hospital staff fail to provide sufficient reasonable care to a mother and a newborn baby, they can be held liable. Staff must monitor a patient constantly before and after labor to ensure they are in good health.
What Are Risk Factors?
Understanding the risk factors that can cause birth injuries can help you to better understand what may have gone wrong. It could be that nothing went wrong, and it was going to happen naturally, but any physician worth their salt should have plans in place to avoid birth injuries. They should be able to diagnose any health issues that could potentially occur, know what treatments and procedures would be appropriate, and other plans. When you experience a birth injury that could have been prevented, it can have lasting consequences that permanently affect your child’s development.
Some of the most common types of issues and risk factors that can complicate a birth include:
- If the baby is large, there may be issues with having a natural birth.
- The baby is feet-first in the birth canal.
- The baby is born too early or prematurely.
- The size of the mother’s pelvis and birth canal can make it difficult to have a natural birth.
- The labor is difficult or long, like when the contractions are not strong enough to push the baby through the birth canal.
- The mother is overweight.
- The mother opts or requires a Cesarean delivery.
- Devices such as vacuums or forceps are used to deliver the baby.
So, knowing these risk factors, your doctor should be making plans to avoid complications. They should be prepared for a variety of scenarios, such as when to move forward with an emergency C-section. Birth injuries however, can come in many forms. But what are some of the most common types of birth injuries?
- Swelling of the head.
- Bruising of the head.
- Bleeding underneath a cranial bone.
- Breakage of blood vessels in the infant’s eyes.
- Facial nerve injuries caused by pressure to the child’s face.
- Injury to the child’s brachial plexus nerves.
- Fracture of the clavicle or collarbone.
A birth injury lawyer in Indianapolis, IN can help you determine whether your child’s birth injury was negligence, or unavoidable. Ward & Ward Law Firm will take great care with handling your case, to ensure that we look at every possibility and determine who, if anyone, was at fault and how much compensation the family is entitled to. Having assisted many clients and their families navigate the difficulties of a birth injury case, we are aware of how stressful it can be. We know that there may be several reasons that you are hesitant to reach out to a lawyer for help, or you may have many lingering questions. However, we are ready to provide you the legal assistance that you need to obtain compensation that you are entitled to. Let us help bring joy back into your life if you’ve had a child that’s suffered a birth injury. We’ll work with you, answer any questions that you have, and we’ll help you to get answers. Our prerogative is you and your family receiving the help you deserve.
3 Questions Parents Often Ask About Birth Injuries
Parents who suspect that their child has a birth injury undergo immense levels of stress and fear. They often have a litany of questions and frequently don’t know where to go to get the answers.
What Should I Do First?
When your child is injured during birth, your first priority will always be their well-being. Get medical care immediately for any obvious injuries and ask that your physicians explain both the injury and the care to you. Be sure that you ask for documentation of any injuries and treatment pertaining to your infant.
For injuries that are not immediately evident and present days or even years later, seek the advice of your child’s medical care provider. Ask detailed questions about your child’s health concerns and whether or not the issue may be linked to injuries that may were incurred at birth.
Once you have obtained the medical care that your child needs and you have determined that their injuries may be birth-related, it may be time to contact a birth injury lawyer in Indianapolis, IN like Ward & Ward Law Firm to pursue legal action.
How Do I Know If My Child Was Injured?
Some birth injuries present with obvious physical signs such as bruising, swelling or even broken bones. Other injuries have few symptoms and will not manifest immediately. While it is not uncommon for new parents to have anxiety over the health of their baby, it is important to trust your instincts when it comes to your child.
Immediately after birth and throughout the developmental stages of your child’s early years, never dismiss issues or persistent behaviors that concern you, and be aware that even issues that present at a later time can be associated with a previously unknown birth injury. With medical facts from a doctor, an experienced birth injury lawyer in Indianapolis, IN can help you determine if your child’s situation would legally be considered a birth injury.
How Do I Know If My Child’s Injury Is Actionable
Injuries sometimes occur in the birth process through no fault of the medical professionals involved. An experienced birth injury lawyer like those at Ward & Ward Law Firm can utilize their knowledge of the law to guide you as to whether you have an actionable case. For instance, physicians cannot be held liable for a birth defect; however, if the defect was known and they failed to take this into consideration in your birth plan causing avoidable injury to your child, that could signify legal action. The law can be complex on these matters, so take the time to choose an established legal professional to help you.
How To Know If You Should Call a Birth Injury Lawyer
Giving birth and bringing a new baby home should be a time of excitement and joy. However, for those who have had babies who experienced a birth injury, this can be a stressful and unpleasant time, as well.
While it may not be easy to deal with a birth injury, the good news is that there are steps you can take if your child has experienced one. If you feel that you might need to contact a birth injury lawyer in Indianapolis, IN then here are some things to look out for.
1. There Were Risk Factors
One clue that you should call a birth injury lawyer is that there were risk factors involved in your pregnancy, that could impact your birth experience. For example, those with gestational diabetes may be more likely to have an especially large baby, which can lead to more difficulty giving birth. Additionally, particularly long labor can also lead to many different types of birth injuries, as can a premature baby, or a baby that is breached.
2. Your Child Experienced a Birth Injury
Along with being aware of the risk factors that can lead to birth injury, before you contact a birth injury lawyer in Indianapolis, IN you should also be aware of some of the more common birth injuries that many experience. One of them is swelling or bruising of the head. Some other common birth injuries include nerve damage, and burst blood vessels in the face or eyes. In some cases, these can be mild injuries.
However, in others, they may be severe and could lead to things like brain damage and developmental issues. The more familiar you are with the different kinds of birth injuries that can occur, the easier it will be for you to know as soon as a birth injury is presenting itself, and the sooner you can contact a professional to seek help.
3. There Was Negligence
Another sign that you need to speak to a birth injury lawyer in Indianapolis, IN is that there was negligence while you were giving birth. Negligence can take many different forms, from a medical professional not being fully aware of any extra care that you might need, to them simply not providing proper care for you or your child throughout the birth process.
Giving birth and bringing a new baby home should be an exciting experience. However, a birth injury can put a damper on some of the joy you might have. While this can be upsetting, the good news is that there are steps you can take to right the situation, including contacting a birth injury lawyer.
Are All Birth Injuries Preventable?
Not all birth injuries are preventable, but many are. They can result from a lack of communication in your medical team. If everyone isn’t on the same page, you and your baby are both at risk of injury. Your birth injury lawyer in Indianapolis, IN, can help you determine if your birth injury was preventable or not.
Can Labor Drugs Such as Pitocin and Cytotec Cause Birth Injuries?
Yes, use of drugs to speed up delivery can cause birth injuries. For example, if contractions are too strong, too long and too frequent, it can affect your baby’s breathing and heart rate. If these contractions go on for too long, your baby could lose all oxygen-rich blood flowing into her body from the placenta, which is contracted without sufficient recovery time to provide more blood. Your Ward & Ward Law Firm birth injury lawyer in Indianapolis, IN, can bring in expert witnesses to support this type of injury claim.
How Do I Obtain My Medical Records Following Childbirth?
As a patient, you have the right under the Health Insurance Portability and Accountability Act (HIPAA) to view and access your medical records. There shouldn’t be a fee for looking at them, but if they’re sent by mail or electronic means, there may be a processing fee. Most medical practitioners and hospitals will have your records to you within 30 calendar days of your request. Your birth injury lawyer in Indianapolis, IN, can use those records to advance your case.
How Can I Tell if My Child Is Developing Normally?
Your pediatrician should be able to give you guidance on whether your child is developing normally. They could give you a list of milestones and the age at which the majority of children should reach those milestones. If a brain injury occurred during childbirth, your baby may not be able to meet these milestones without physical or occupational therapy. Some early indications that your baby may have trouble meeting developmental milestones include:
- The baby has difficulty controlling his or her head when picked up
- The baby has stiff or shaky arms
- The baby has stiff or shaky legs
- The baby has stiff legs that cross and look like scissors
- The baby has problems sucking and feeding
Your Ward & Ward Law Firm birth injury lawyer in Indianapolis, IN may also have a list of milestones, which can help enhance your case.
Birth Injury Lawyer
When you have a child you shouldn’t be worried about finding a birth injury lawyer in Viera, Florida due to a birth injury. What you should be doing is spending time with your little one and taking in the fact that you are a new parent. You should be feeling joy and elation about raising a new child. However, many babies suffer birth injuries every year that result in the child having a disability for the rest of their life. Ward & Ward Law Firm will take great care in your case, and help you determine what can be done.
Difference Between Birth Injuries and Birth Defects
Birth injuries and birth defects are often used interchangeably or are confused with each other, however, they are distinct medical terms. The difference between the two is significant and needed. The main difference between birth injuries and birth defects is how they develop.
A birth injury is what happens when the child is being born. This happens during the birthing process and can be caused by medical negligence. For example, a birth injury can happen when a doctor uses forceps improperly, leaving marks or bruises on a baby’s head. Where a birth defect is caused by abnormalities that form while the child is still in the womb, such as genetic defects. Typically, a birth defect is developed in the first three months of pregnancy.
Knowing the difference will help your lawyer understand your case. They will carefully evaluate the actions of the medical team whose care you were under and Now that you know the difference what are some of the common brain damage injuries that can happen?
Types of Brain Damage From Birth Injuries
Birth injuries can cause brain damage of varying levels of severity. As stated these damages are done during or after birth. There are four basic types of brain damage that can be the result of a birth injury. Lack of oxygen and internal bleeding within the brain are top causes of brain damage. They are as follows:
- Hypoxic Ischemic Encephalopathy (HIE): This is when the brain is damaged due to a decreased blood and oxygen levels to the brain. HIE is the description of the brain cells and issues that are in the motor cortex. This leads to cerebral palsy and periventricular leukomalacia. Out of all the injuries on this list, HIE is the most common.
- Periventricular Leukomalacia (PVL): PVL is what occurs when the white matter in the brain dies, resulting in the loss of brain tissue. The white matter is made of nerve fibers and they relay singles for motor functions. The death of these areas of the brain affects the ability to learn and function. The lack of blood flow to the periventricular part of the brain is what causes PVL.
- Intracranial Hemorrhage: This is classified as bleeding in the brain. The most common cause is a fetal stroke from blocked or damaged blood vessels. High blood pressure, placenta complications, and system infections in the mother can lead to this. The most common group of infants to suffer from this is premature infants.
- Cerebral Dysgenesis: Direct injury to the baby’s head during or shortly after delivery can cause this. Infections can also mutate genes responsible for motor function as well.
Bringing a child into the world is an experience that is supposed to fill you with excitement and happiness, but when a birth injury happens it can be devastating. Going through any of these events can lead to a traumatic experience for both you and your baby. Knowing what can be done is up to us, and we want to help you get the most out of your case. If you have suffered a birth injury, talk to a lawyer and they will be able to help you obtain compensation. If you have gone through a birth injury then reach out to Ward & Ward Law Firm to figure out what we can do for you. Our expert lawyers are on hand to help you, we just need your call.