Fact-Checked: Why Trust Indianapolis Birth Injury Lawyers: We Fight For Injured Children And Their Families
When you or your child suffers congenital disabilities or injuries due to medical negligence, the consequences can be devastating. At Garau Germano, P.C., we are experienced Indianapolis birth injury lawyers with substantial experience pursuing birth injury claims, and we will aggressively fight for your family’s rights. Roughly 95% of our cases are medical malpractice lawsuits. These birth injury cases have led to seven-figure settlements for our clients. With a proven track record, we commit to holding negligent healthcare providers accountable.
Key Takeaways
- Important deadlines: The statute of limitations frequently expires on an injured child’s 8th birthday.
- Common signs: Unexplained bruising, developmental delays and physical deformities.
- What to do if you suspect negligence: Gather all medical records and consider consulting a birth injury lawyer immediately.
- Our promise: We dedicate 95% of our practice to medical malpractice cases and fight tirelessly for your family.
Why Hire Garau Germano, P.C.?
When seeking legal representation, quality matters. Many law firms offer to take birth injury cases, but not all of them offer the insight and advocacy of an experienced birth trauma lawyer. Parents concerned about the impact of a birth injury want to hire us because we offer distinct advantages.
Consider these specific reasons to choose our team:
- Decades of combined experience: Our team has more than 50 years of combined experience seeking justice for clients affected by preventable birth injuries.
- Specialized medical malpractice focus: Roughly 95% of our cases are medical malpractice lawsuits.
- Recognized peer excellence: Multiple team members frequently receive selection for inclusion in Indiana Super Lawyers. One of our team members has received an AV Preeminent peer-review rating through Martindale-Hubbell. Our firm has also been selected for the American Board of Trial Advocates and The National Trial Lawyers: Top 100 in Indiana.
- Proven track record of high payouts: We consistently secure substantial payouts annually from the Indiana Patient’s Compensation Fund.
Attorney Jerry Garau emphasizes our dedication to this field: “There are very few firms in Indiana who have as devoted a practice to medical malpractice as our firm does.”
We advocate tirelessly for our clients and will take cases to trial when necessary. We work on a contingency basis, which means you only pay for our services if we successfully secure compensation for you.
Birth Injury Vs. Birth Defect And Routine Procedure
A congenital disability is a congenital condition that develops while the fetus is still in the womb, whereas a birth injury is a specific harm suffered during the birthing process. Both congenital disabilities and birth injuries can result from medical malpractice.
It is also important to distinguish between routine procedures and malpractice. While mothers frequently undergo routine interventions like episiotomies during delivery, severe maternal injuries often result from substandard care. A failure to perform a necessary medical procedure or neglecting severe lacerations crosses the line into medical negligence.
| Condition / Event | When & How It Occurs | Medical Negligence Potential |
|---|---|---|
| Birth Defect (Congenital) | Develops while the fetus is still in the womb (often genetic or early developmental). | Can involve malpractice if caused by prescribing harmful medication or failing to diagnose maternal conditions. |
| Birth Injury | Specific physical harm or oxygen deprivation suffered directly during labor or delivery. | Frequently results from substandard care, delayed interventions, or tool misuse. |
| Routine Procedure | Standard interventions performed during delivery (such as episiotomies or monitoring). | Crosses into malpractice when performed improperly, without consent, or when severe complications are ignored. |
Warning Signs Before, During And After Labor And Delivery
Recognizing the warning signs of a potential birth injury can help you take timely action.
If you observe any of these symptoms, your healthcare team must act quickly.
Critical Signs in the Mother
- Severe abdominal pain before or during delivery
- Unexplained or excessive bleeding
- Sudden spikes in blood pressure
- Prolonged labor without medical intervention
Critical Signs in the Baby
- Abnormal fetal heart rate during labor
- Requirement of resuscitation immediately after delivery
- Seizures or lethargy within the first 48 hours
- Lack of oxygen requiring intubation
Common Types Of Birth Injury Cases In Indiana
Birth injuries can result in lifelong challenges that require extensive medical care, therapy and support. We handle a wide range of birth injury cases for both mothers and children.
Our lawyers handle the following common injuries to mothers:
- Uterine ruptures
- Severe vaginal lacerations
- Misdiagnosed or underdiagnosed preeclampsia
- Postpartum hemorrhage
These conditions can cause immense pain and require extended hospitalization.
Our lawyers handle the following common injuries to children:
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
- Brachial plexus injuries (damage to the upper spinal nerves)
- Erb’s palsy
- Brain bleeding and oxygen deprivation
- Spinal cord injuries and bone fractures
If you or your child suffered these or other types of birth injuries due to medical negligence in Indianapolis, we are here for you just as we were there for a client who recently secured a $1.7 million settlement in a case involving neglected labor and delivery that caused the tragic death of her newborn and the rupture of her uterus.
Causes Of Birth Injuries
While some birth injuries are unavoidable, many result directly from medical negligence. A doctor, nurse, hospital staff member, or other healthcare provider can act negligently before or during delivery.
Medical negligence can cause severe harm to the mother:
- Undiagnosed gestational diabetes: Failing to detect this condition increases the risk of heart defects and skeletal abnormalities in the baby.
- Unmanaged hypertension: Undetected high blood pressure reduces blood flow to the placenta and deprives the fetus of essential oxygen.
- Surgical errors during C-sections: Improper surgical techniques can damage surrounding organs or cause excessive bleeding.
We carefully evaluate the mother’s medical records to identify these failures.
Medical negligence can also cause severe harm to the baby:
- Oxygen deprivation: Failing to monitor fetal distress can lead to hypoxic-ischemic encephalopathy (HIE).
- Improper use of medical tools: Misapplying forceps or vacuum extractors can cause severe brain injuries or death.
- Mishandling shoulder dystocia: Using excessive force when a baby is stuck in the birth canal causes permanent nerve damage like Erb’s palsy.
Our team has successfully handled complex cases involving these exact failures. In one instance, our lawyers secured a settlement for a baby who suffered a severe brachial plexus injury because a doctor used excessive force during a shoulder dystocia delivery.
Immediate Steps To Take If You Suspect Medical Negligence
It is important to act quickly if you suspect your child’s injury was caused by a healthcare provider’s mistake.
A plaintiff must prove these four legal elements to win a medical negligence claim:
- Duty of care: The provider owed you a professional duty.
- Breach of duty: The provider failed to meet the standard of care.
- Causation: This specific failure directly caused the injury.
- Damages: You or your child suffered measurable losses.
Understanding these elements is the first step toward building a strong case.
Steps you might take if you suspect medical malpractice include:
These steps help you preserve vital evidence for your case.
Case Spotlight: When Medical Providers Ignore High-Risk Warning Signs
Medical negligence during pregnancy or delivery can alter a family’s life forever. In one tragic case we handled, medical staff failed to perform a necessary medical procedure during a high-risk pregnancy. This failure led to the premature delivery and subsequent death of triplets. Our team thoroughly investigated the timeline, consulted with top medical experts and proved that the doctors ignored clear warning signs. We held the negligent providers accountable and secured compensation to help the grieving parents find closure.
Who Can Be Held Responsible?
Expectant parents often research hospitals and individual care providers at length. Unfortunately, birth injuries due to malpractice can occur at even the most prestigious hospitals. We can hold doctors, nurses, hospital staff and the hospital itself accountable for negligence.
Clients in Indianapolis may have experienced a birth injury at trusted facilities such as:
- Community Hospital North
- Community Hospital East
- IU Health Methodist Hospital
- St. Vincent Indianapolis Hospital
- Franciscan Health Indianapolis
Clients who gave birth at these or other facilities have rights despite the size and overall success of the hospital where the birth injury occurred.
How Can A Lawyer Help?
Proving medical negligence requires significant resources and a deep understanding of complex medical concepts. Our lawyers meticulously analyze fetal monitor strips, review surgical notes and consult with leading medical experts to build a compelling case. We cross-examine negligent doctors and handle all communications with defensive hospital administrators.
As former client Tamra shared, “Jerry Garau, Attorney at Law, is top-notch! He thoughtfully guided us through an extremely difficult time.”
We provide the precise legal strategy required to defeat large healthcare defense teams.
How Long Do You Have To File?
Families sometimes assume they have already lost the opportunity to act. Plaintiffs typically must file within two years for standard personal injury claims. However, the rule is significantly different for cases involving a child injured in Indiana. The statute of limitations frequently expires on the child’s 8th birthday rather than on their 2nd birthday.
The Statute Of Limitations For Birth Injury Lawsuits
Families that might benefit from hiring Indianapolis birth injury lawyers sometimes assume that they have already lost the opportunity to take action. There is a general statute of limitations for personal injury and medical malpractice lawsuits that applies in most cases.
Plaintiffs typically need to take legal action within two years. However, the rule is different for cases involving a child injured in Indiana. The statute of limitations frequently expires on the child’s 8th birthday, rather than on their 2nd birthday, which might be the second anniversary of the incident.
The Medical Review Panel For Birth Injury Lawsuits
Child injury attorneys in Indianapolis have to follow appropriate procedures. They cannot simply file a lawsuit in court. They must first present the case to a medical review panel. Panel formation usually occurs 20 days or later after one party files a complaint with the Indiana Department of Insurance.
The panel holds hearings where each party can make an argument regarding the situation, possibly by presenting witnesses and relevant evidence. The panel eventually issues an opinion about whether a medical professional failed to meet current standards of care. It may take up to 180 days after a panel review hearing to determine whether a medical malpractice lawsuit is possible.
What Does The Process Look Like?
Birth injury lawsuits are complex and require patience. It may take up to 180 days after a panel review hearing to determine whether a medical malpractice lawsuit is possible. Read our guide on filing a medical malpractice lawsuit in Indiana to learn more.
The legal process typically follows this timeline:
| Phase | Action | Timeframe |
|---|---|---|
| Investigation | We review medical records and consult experts. | Months 1 – 3 |
| Filing Complaint | We file a complaint with the Indiana Department of Insurance. | Month 4 |
| Medical Review Panel | Panel formation occurs 20 days or later after filing. | Months 5 – 12 |
| Panel Decision | The panel determines whether the standard of care was breached. | Months 12 – 14 |
| Litigation/Trial | We negotiate a settlement or take the case to court. | Months 15 – 24+ |
Understanding this timeline helps families prepare for the road ahead.
What Compensation Can You Recover?
We aggressively seek the maximum compensation possible for your family. Damages for these claims generally include current and future medical expenses, lost wages, pain and suffering and rehabilitation costs.
Hospitals and care providers are responsible for up to $500,000 of the settlement or judgment awarded to the plaintiffs. The remaining balance comes from the Indiana Patient’s Compensation Fund.
Calculating Damages In Birth Injury Cases
Every case related to birth injuries is unique. However, generally speaking, damages for these claims may include:
- Current and future medical expenses
- Lost wages and projected income loss
- Pain and suffering
- Rehabilitation costs
- Assistive devices and home modifications
We are skilled birth injury attorneys – consult with us to accurately assess the value of your claim by calling 317-978-9973 or by filling out our contact form.
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 the birthing process. Both birth defects and birth injuries can be the result of medical malpractice.
When Do Birth Injury Symptoms Appear?
Some birth injuries are immediately apparent, such as bruising, lacerations or deformities, while others may not show symptoms for weeks, months or even years. If you notice any developmental delays or unexplained medical issues, consult both a medical professional and an Indianapolis birth injury attorney.
Can Undiagnosed Gestational Diabetes Cause Birth Defects and Delivery Injuries?
Yes. When health care providers fail to detect and manage gestational diabetes, uncontrolled blood sugar levels can increase the risks for both mother and child. Undiagnosed gestational diabetes can lead to fetal macrosomia (excessive birth weight), difficult deliveries, shoulder dystocia, oxygen deprivation (HIE), and neonatal hypoglycemia, as well as an increased risk of congenital abnormalities if high blood sugar was present early in pregnancy. Routine glucose screening between 24 and 28 weeks is the medical standard of care to prevent these life-altering birth injuries.
How Does Undetected High Blood Pressure During Pregnancy Cause Birth Defects?
Undetected high blood pressure during pregnancy, known as hypertension, poses significant risks to fetal development. This condition can lead to reduced blood flow to the placenta, depriving the fetus of essential nutrients and oxygen. Hypertension-related birth defects may include cardiovascular abnormalities, neurological impairments and cognitive delays.
Health care providers must closely monitor blood pressure during pregnancy and take prompt action to manage hypertension, as failure to do so can have long-lasting and devastating consequences.
Successful Birth Injury Cases Handled By Our Lawyers
We have successfully managed numerous high-stakes birth injury claims. We consistently use our deep knowledge of medical malpractice law to secure life-changing results.
Our record includes these notable birth injury case outcomes:
- A child suffering permanent brain injury due to the improper use of forceps during delivery
- A baby with a brachial plexus injury caused by excessive force during a shoulder dystocia delivery
- Premature delivery and subsequent death of triplets due to failure to perform a necessary medical procedure
- $1.7 Million Settlement: Neglected labor and delivery caused the tragic death of a newborn and severe uterine rupture to the mother.
- $1.675 Million Settlement: Negligent fetal monitoring during labor and delivery resulted in the preventable death of a child.
If your family is facing the aftermath of a birth injury potentially caused by medical malpractice, contact us today by calling 317-978-9973 or reaching out online to explore your legal options.
See What Our Clients Are Saying
“Mr. Garau was personable, professional and efficient in handling our case. He promptly answered any questions we had. He took the time to thoroughly explain each step of the legal process. My wife and I highly recommend Mr. Garau and his law firm.”
– Thomas
Jerry Garau has been instrumental in helping me navigate a legal matter for the past few years. Honest, professional, courteous, fair, and deeply experienced are adjectives that come to mind when I think of Jerry Garau.
– Bao
Contact Our Birth Injury Lawyers Today
If your child has suffered a birth injury, it can be overwhelming for your family. You do not have to go through this difficult time on your own.
As former client Thomas noted, “He took the time to thoroughly explain each step of the legal process. My wife and I highly recommend Mr. Garau and his law firm.”
Our experienced team of birth injury lawyers in Indianapolis is here to support you and handle cases across Indiana.
At Garau Germano, P.C., we commit to advocating for your family’s rights and helping you obtain the compensation you deserve. Reach out to us today at 317-978-9973 or connect with us online for a free consultation. You won’t pay legal fees until we recover compensation on your behalf. Let us help you seek justice for your child.
Additional Reading
- Can you sue a hospital for a traumatic birth?
- What is the most common reason for a C-section?
- What causes a baby to be stillborn?
- How can a doctor’s negligence lead to a birth injury?
- What is PRMR, and why should I know about it?
- 5 common errors made during cesarean section surgery
- How to check a doctor’s medical malpractice history