When Medical Negligence Causes A Birth Injury
Any medical malpractice claim is based on proving medical negligence. All medical professionals have a legal duty to follow the accepted practices of their medical field. When a doctor, nurse, obstetrician, or other healthcare provider fails to meet this legal duty and an injury occurs, they could be considered medically negligent.
Basically, if your healthcare provider acted in a way that another experienced and qualified healthcare provider in the same field would not have and your child suffered a birth injury as a result, your family may have a medical malpractice claim based on medical negligence.
Some common forms of medical negligence that could lead to a birth injury include:
- Errors and complications using forceps, vacuum extractors, and other delivery tools
- Failure to identify and treat health problems in the mother or infant
- Prescribing medication for the mother with harmful side effects for the child
- Failing to order a c-section which could have prevented birth complications
- A delayed c-section, resulting in birth complications
Determining how medical negligence may have contributed to a birth injury requires a thorough review by a qualified medical expert. If you’re considering taking legal action, our Indiana birth injury lawyers can help you find one of these experts.
Costs Of Raising A Child With A Birth Injury
Children who suffer serious birth injuries often require a lifetime of support and medical treatment. For most families, the financial costs can quickly become unaffordable.
Some of the specific costs associated with serious birth injuries include:
- Long-term medical treatment (doctor’s appointments, surgeries, medication, etc.)
- Occupational, physical, speech, and other therapies
- Adaptive equipment (braces, wheelchairs, prosthetics, etc.)
- Handicap-accessible vehicles and home renovations
- Hiring a daily personal care-taker
No family should face financial ruin because of a preventable birth injury. A medical malpractice lawsuit can help provide financial assistance for both the economic and noneconomic costs of a birth injury.
Indiana Medical Malpractice Laws
If you think your family may have grounds for a birth injury malpractice lawsuit, it may be helpful to be aware of the state laws that apply to your case. However, these laws are complicated, especially for birth injury cases. You can gain a better understanding of how Indiana medical malpractice laws apply to your family by discussing the details of your case with an experienced birth injury lawyer.
Time Limit For Filing A Malpractice Lawsuit In Indiana
In each state, there is a law known as the statute of limitations, which acts as a time limit for filing a lawsuit. Determining when this time limit begins can be complicated, and varies depending on the specific circumstances of a case. Birth injury claims are especially complex, since they involve minors.
Filing a lawsuit within this time-frame is extremely important. We advise taking legal action as soon as possible following the discovery of a birth injury in order to make sure you meet this deadline.
In Indiana, there are certain requirements you must meet before filing a lawsuit if you’re seeking more than $15,000 in damages. You’re required to submit a complaint to a medical malpractice review panel before bringing your lawsuit to court. This panel will review the facts of your case and determine if your child’s birth injury was the result of medical malpractice.
Limits On Financial Compensation
Indiana limits the amount of financial compensation you can recover in a medical malpractice lawsuit. There are several different caps, which vary depending on the date the alleged malpractice occurred. Our knowledgeable Indiana birth injury lawyers can give you a better idea of how much compensation you could recover in a free consultation.
About Filing A Birth Injury Malpractice Lawsuit
If you’re considering filing an Indiana birth injury malpractice lawsuits, it’s important to be aware of what to expect. Medical malpractice cases are some of the most complicated injury lawsuits. They involve complex state laws which vary throughout the country, and victims are opposed by powerful malpractice insurance carriers who specialize in avoiding liability.
In order to give your family the best chance of recovering financial compensation, it’s usually necessary to have an experienced Indiana birth injury lawyer by your side. A reliable firm will have lawyers with an understanding of state laws, experience with similar cases, and contacts in the medical field.
At Birth Injury Advocate, our local lawyers meet all of these qualifications. We can help you learn more about your rights and plan for your family’s financial future. To find out more about your legal options, contact us today for a free consultation.