Fact-Checked: Why Trust Garau Germano, P.C.

Indianapolis Birth Injury Lawyers: We Fight For Injured Children And Their Families

When your child suffers a birth injury due to medical negligence, the consequences can be devastating. At Garau Germano, P.C., we are experienced Indianapolis birth injury lawyers with substantial experience in pursuing birth injury claims, and we will aggressively fight for your family’s rights. With a proven track record of success, we are committed to holding negligent health care providers accountable for their actions.

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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 may want to hire us because we offer:

Decades of experience: Our team has more than 50 years of combined experience seeking justice for clients affected by preventable birth injuries.
Specialized representation: Many firms take on various types of injury cases. The team at Garau Germano, P.C., takes almost exclusively medical malpractice cases. Roughly 95% of our cases are medical malpractice lawsuits. Parents seeking lawyers for birth injuries may want to schedule a consultation to evaluate their case.
Peer recognition: One of our team members has received an AV Preeminent peer-review rating* through Martindale-Hubbell. Additionally, multiple team members have repeatedly been selected for inclusion in Indiana Super Lawyers, which also involves peer nomination. 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: We have a history of fighting for our clients instead of settling quickly. We have achieved record-setting verdicts and settlements in some of our birth injury lawsuits. Some of our prior birth injury cases have led to seven-figure settlements for our clients.
Compassionate approach: Our team understands that birth injury lawsuits are not just about money. They are about a breach of trust and justice for those harmed by substandard medical care. We know that parents caring for children with birth injuries or grieving a tragic birth outcome deserve care, support and compensation.
Aggressive representation: Our team does not simply accept a settlement. We advocate tirelessly for our clients, and we are willing to take cases to trial as necessary. Our willingness to fight for our clients is why we consistently secure the most payouts annually from the Indiana Patient’s Compensation Fund.
No fee unless you win: You do not need to make sacrifices to retain our lawyers for a birth injury lawsuit. We work on a contingency basis, which means you only pay for our services if we successfully secure compensation for you.

With Garau Germano, P.C., you gain a tenacious team committed to fighting for your rights and holding negligent medical practitioners accountable.

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.

Indiana Birth Injuries Can Occur At Trusted Hospitals

Expectant parents often research hospitals and individual care providers at length. Birth injuries due to malpractice can occur at even the most prestigious hospitals.

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/Ascension St. Vincent
Franciscan Health Indianapolis

Clients who gave birth at these or other facilities have rights despite the size and overall success of the hospital or birth center where a birth injury occurred.

Seeking The Maximum Compensation Possible

Medical malpractice lawsuits in Indiana are subject to a statutory cap. Our firm frequently secures the most birth injury settlements each year and also obtains settlements close to the maximum amount possible.

In 2026, the cap for birth injury settlements is $1.8 million. That figure includes both economic and noneconomic damages. There are exceptions in rare cases if our lawyers can show that either willful misconduct or gross negligence caused the birth injury. 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.

Common Types Of Birth Injury Cases In Indiana

Birth injuries can result in lifelong challenges, requiring extensive medical care, therapy and support. When medical negligence causes these injuries, you have the right to seek compensation for your child’s current and future needs.

We handle a wide range of birth injury cases, including:

Hypoxic ischemic encephalopathy (HIE)
Cerebral palsy
Brachial plexus injuries (damage to the upper spinal nerves)
Erb’s palsy
Birth trauma, including injuries from the use of forceps or vacuum extractors
Hematoma or hemorrhage (bleeding in the brain)
Oxygen deprivation
Bruising from forceps
Spinal cord injuries
Bone fractures
Misdiagnosed or underdiagnosed preeclampsia

If you or your child has suffered these or other types of birth injuries due to medical negligence in Indianapolis, we are here for you. We will guide you through the legal process and fight for the compensation your family deserves.

Understanding Birth Injury Cases

Birth injuries often occur due to negligent monitoring or mishandling during labor and delivery. Common causes include:

Oxygen deprivation: Failure to monitor fetal distress can lead to HIE, often resulting in cerebral palsy.
Improper use of medical tools: The misapplication of forceps or vacuum extractors can cause severe brain injuries or even death.
Shoulder dystocia: Inadequate handling of this condition can result in Erb’s palsy, causing permanent nerve damage.
Prenatal negligence: Insufficient prenatal care or improper monitoring of the mother and fetus can lead to a stillbirth or other serious injuries.

Given the serious and life-altering nature of these injuries, it is crucial for parents and loved ones to hold parties responsible for cases of medical negligence.

Successful Birth Injury Cases Handled By Our Lawyers

We have successfully managed numerous birth injury claims, such as the following:

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 With Fund: Neglect Labor and Delivery Causing Death of Newborn and Rupture to Mother’s Uterine.

$1.675 Million Total Settlement: Negligent Fetal Monitoring During Labor and Delivery Resulting in Death of Child

See More Results

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.

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.

Causes Of Birth Injuries: When To Consult A Birth Injury Attorney

While some birth injuries are unavoidable, such as those due to a large baby or premature birth, many result from medical negligence. For example, a doctor, a nurse, a hospital staff member or another health care provider can act negligently before or during the delivery. This can result in a birth injury ranging from mild to severe. Medical malpractice during the birthing process can harm the mother as well. If you suspect that your child’s injury was caused by a health care provider’s mistake, contact an Indianapolis birth injury lawyer immediately.

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.

Understanding The Consequences: Undiagnosed Gestational Diabetes And Birth Defects

Undiagnosed gestational diabetes can have devastating consequences for the health of both the mother and baby. When health care providers fail to detect and manage gestational diabetes, it can increase the risk of birth defects, including heart defects, neural tube defects and skeletal abnormalities.

Proper screening and management of gestational diabetes is crucial in preventing these potential complications and ensuring the health of the mother and child.

Unseen Dangers: The Role Of Hypertension In Pregnancy-Related 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.

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.

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

Contact Our Birth Injury Lawyers Today

If your child has suffered a birth injury, it can be overwhelming for your family. You don’t have to go through this difficult time on your own. 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 are committed 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, no-obligation consultation. There are no legal fees for you until we recover compensation on your behalf. Let us help you seek justice for your child.