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Marion County Indianapolis Birth Injury attorneys
Birth Injuries
A birth injury to a baby occurs due to a complication in the labor or delivery process. It has been estimated that, for every 1000 babies born in the U.S., five will be injured during birth. A birth injury can happen because of an obstetrician's use of an improper medical technique during delivery, or through improper use of a medical device such as forceps or a vacuum. Resulting harm to the baby can vary from a lack of oxygen to severe head injuries.
Remember that not all birth injuries will give rise to a successful legal claim. Complications may occur during delivery that, despite an obstetrician's use of reasonable and competent skill, resulted in unavoidable birth injuries.
If your child suffers from a serious medical condition such as cerebral palsy or brachial plexus due to the mistakes of the obstetrician or other members of the delivery team during childbirth, contact our Indianapolis birth injury attorneys now. His familiarity with both the law and the evidentiary challenges of establishing a claim for birth injury damages can make the decisive difference in your claim for compensation.
If you or anyone in your family needs an Indianapolis Birth Injury attorneys, contact us now!
Some birth injuries are lifelong disabilities that will put very heavy financial pressure on the parents for adequate care and treatment throughout childhood and beyond. Among the conditions our birth Injury attorneys can investigate and present for compensation include:
- Delivery Room Negligence
- Cerebral palsy
- Erb's palsy
- Birth trauma or fetal distress
- Cephalohematoma
- Brachial plexus or shoulder dystocia
- Infections such as Group B strep
- Gestational diabetes
The causes of different birth injuries can reflect different mistakes on the part of the delivery team. Some problems result from the failure of the obstetrician to order a c-section, especially in cases when the mother had delivered previously by a caesarian. Others result from poor monitoring of the vital signs of the mother, the fetus, or both. When blood oxygen levels are dangerously low for any length of time, severe and permanent brain damage can result. Still other birth injuries are caused by unskilled use of instruments such as forceps, especially on the head of the fetus.
Birth injury lawsuits are covered under the Indiana Medical Malpractice Act, which imposes several procedural requirements on negligence cases against physicians and other hospital personnel. For a free consultation about your rights in a birth injury case, contact Indianapolis Birth injury lawyer Tony Zirkle.
Birth Injury Or Birth Defect?
When a baby is born, it can be difficult at first to know if certain complications or injuries were caused by a birth injury, or were the result of a birth defect. For example, a child born with cerebral palsy may not have been given enough oxygen during labor (making the condition an avoidable birth injury), or the situation may have been caused by an unpreventable birth defect. To help differentiate the two, an examination of each will be helpful.
The facts of cases involving birth defects (or injuries) to a baby can differ greatly depending on individual circumstances, but most situations can be boiled down to one of two general scenarios.
The first common case involves a doctor/obstetrician's failure to correctly assess or respond to conditions, disorders, and complications during a woman's pregnancy or delivery. For example a doctor/obstetrician may fail to recognize pregnancy disorders like hypertension; improper use of medical devices such as forceps or vacuum; failure to perform a necessary caesarian section; or improper assessment of a baby's overall health in the womb. A lawsuit arising from these types of situations will usually include a medical malpractice claim against the physicians and other medical practitioners involved, and in some cases a claim against the hospital where the treatment or delivery took place.
The second typical fact situation occurs when, during pregnancy a woman has taken a prescription drug, under the guidance and supervision of a doctor or pharmacist. In such a situation, you may also have a right to legal compensation from the drug manufacturer or pharmaceutical company, and from the pharmacist who assisted you with your prescription.
Let our Marion County Indianapolis Birth Injury attorneys help you!
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