Birth Injuries: Our Attorneys Fight For Injured Children And Their Families
When a birth injury is suffered because of the neglect of a doctor or other health care provider, the Indianapolis birth injury lawyers of Garau Germano, P.C., are prepared to help. We have substantial experience in pursuing these claims and can aggressively pursue the claim on your behalf.
Common Types Of Birth Injury Cases
Medical malpractice claims involving birth injuries frequently result from negligent monitoring during labor. Nurses or doctors can fail to respond to signs during labor that the baby is in distress. As a result, the baby suffers oxygen deprivation and is born with a brain injury known as hypoxic ischemic encephalopathy (HIE), a condition that often leads to the development of cerebral palsy. Medical errors at the time of delivery can also lead to birth injury. Improper application of forceps or vacuum extractors can cause brain injuries or death.
Improper handling of a condition known as shoulder dystocia can cause permanent nerve injury affecting the use of the arm, a condition known as Erb’s palsy. Medical negligence before the mother arrives for delivery can also lead to serious birth injuries. Inadequate prenatal care or failure to properly monitor the condition of the mother or the fetus throughout the pregnancy may result in stillbirth or brain injury.
Examples Of Our Birth Injury Cases
Some examples of birth injury claims successfully handled by our attorneys include:
- An obstetrician fails to provide a cesarean section despite signs of fetal distress and instead attempts to deliver the baby by forceps. The physician misapplies the forceps, resulting in permanent brain injury to the child.
- A doctor encounters a shoulder dystocia during a delivery and exerts excessive traction on the baby’s head in an effort to accomplish the delivery. The baby suffers a permanent brachial plexus injury resulting in limited use and deformity of his right arm.
- A doctor fails to perform a procedure known as a cervical cerclage on a woman expecting triplets diagnosed with incompetent cervix. As a result, the triplets are delivered several weeks premature and die within days of delivery.
If your family has suffered a birth injury that may be due to a medical error, please contact our office to find out how our team may be able to help you.
What is a birth injury and how does it differ from a birth defect?
When a fetus is still in the womb, it can develop one or more congenital conditions called birth defects. Birth injuries differ from birth defects because they are injuries or illnesses that a baby suffers during delivery. Both birth defects and birth injuries can be the result of medical malpractice.
What are examples of birth injuries?
The following are some of the most common examples of birth injuries.
- Cerebral palsy
- Erb’s palsy
- Oxygen deprivation
- Bruising from forceps
- Brachial plexus (damage to the upper spinal nerves)
- Hematoma or hemorrhage (bleeding in the brain)
- Bone fractures
- Spinal cord damage
This is merely a short list. There are several other birth injuries and they can also appear concurrently.
What are common causes of birth injuries?
Sometimes, birth injuries result from factors that the doctor cannot control. For example, a large baby, premature birth, the baby not lying headfirst in the mother’s birth canal or the birth canal and pelvis are uniquely shaped.
In other situations, a doctor, nurse, hospital or another health care provider can act negligently before or during the delivery. This can result in birth injuries ranging from mild to severe. Medical malpractice during birth can harm the mother, as well.
When do birth injury symptoms appear?
Many birth injuries are apparent the moment a doctor delivers a baby. You might notice bruising, lacerations, deformities or other conditions. Many injuries, though, do not appear for weeks, months or even years. Some birth injuries are internal and you might not notice them right away. Others manifest much later during the course of a child’s development.
How are damages calculated in birth injury cases?
Every birth injury case is vastly different. Damages are usually the sum of your medical expenses, lost wages from attending appointments, projected lost income, projected medical bills, pain and suffering, and several other factors. The best way to get an accurate idea of how much your claim is worth is to consult an attorney who focuses on medical malpractice and birth injuries.
Compassionate Legal Representation
Birth injuries are devastating to the affected child and to the parents. Contact our firm through our website or call 317-978-9973. There are no legal fees for you until we recover compensation on your behalf.