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When your baby suffers a preventable injury during labor, delivery, or shortly after birth, you’re left with urgent questions and often, few real answers. You may not know yet if medical negligence occurred, but you know something is not right. The hospital may offer vague explanations or uncertainty, but there is a way forward with trusted legal help.
At Langer & Langer, our team helps you understand what went wrong, whether medical mistakes were made, and what your legal options may be. Our skilled birth injury attorney in Indianapolis builds strong, evidence-backed claims so families can pursue answers, accountability, and lasting support. This isn’t just a legal matter; it’s about getting your child the care they need, starting now.
A birth injury lawyer in Indianapolis protects your legal rights when medical mistakes during childbirth cause harm. At Langer & Langer, we manage the legal strategy, connect with trusted medical experts, and build evidence-backed claims that meet Indiana malpractice standards.
We begin by reviewing the full medical record surrounding your child’s birth. This includes labor notes, delivery charts, and provider documentation. Our goal is to determine whether the care team missed warning signs or failed to act in time. If their actions fall short of accepted medical standards, we identify that as a breach. These errors form the legal basis for holding providers accountable.
We collaborate with trusted physicians, including neonatologists and obstetric experts, to assess how the injury occurred. Expert analysis is supported by subpoenaed hospital records and shift logs to build a timeline. Together, they show how medical decisions led to preventable harm.
Key evidence can disappear if it’s not preserved quickly. That includes fetal heart monitor strips, staff communications, and shift assignments. These logs often reveal how providers responded, or failed to respond, to signs of fetal distress. We move quickly to protect and secure these materials before they’re discarded, providing your case with the detailed record it needs to stand up in court or panel review.
Multiple people may have been involved in what happened. We examine how the OB-GYN, nurses, and medical staff communicated and made decisions. If the hospital lacked proper oversight or failed to act on concerns, it may share responsibility. We identify each party whose actions or inaction led to harm and build the claim around those findings.
Indiana birth injury cases must meet strict legal rules. These include submitting claims to a Medical Review Panel and filing within the state’s statute of limitations. We manage these steps precisely to ensure your claim moves forward without delay or disqualification.
While many cases settle, we prepare from day one as if a trial is inevitable. This includes building compelling arguments, securing expert witnesses, and anticipating defense tactics. Being trial-ready improves your leverage in negotiations, ensures compliance with Indiana’s medical review process, and protects your child’s long-term needs.
You don’t need to take on hospital lawyers or insurance companies by yourself. We step in immediately to manage all communication, counter delay tactics, and push back against underpayment. Every step is backed by evidence and law, keeping your case on solid ground.
We work with life care planners and economists to estimate the full financial impact of the injury. This includes NICU bills, therapy, special education, assistive equipment, and in-home support. Your claim will reflect both current and future needs, so your child receives lasting care.
Birth injury compensation claims in Indiana require more than proving a medical error. We pursue two types of damages: economic damages, such as NICU bills, therapy, and long-term care costs; and non-economic damages, like pain, suffering, and loss of normal childhood development. A qualified lawyer builds a claim that reflects how the injury affects both your child’s present and their future.
ECONOMIC DAMAGES
Medical costs from a birth injury often begin in the NICU and continue throughout early development. We collect billing records, insurance documents, and treatment summaries to calculate expenses already incurred. This includes hospital stays, surgeries, and early-stage therapy.
To estimate care needed in the short term, such as follow-up visits, physical therapy, or outpatient rehab, we consult with medical providers who understand your child’s condition. These records and projections help us document the financial impact and seek full recovery of medical expenses in your claim.
When a child’s injury leads to long-term disability, the costs often extend far beyond early treatment. We work with life care planners, medical specialists, and economists to project the lifetime value of care.
This typically includes in-home assistance, accessible housing modifications, mobility equipment, and specialized education programs. We apply these expert-driven estimates to reflect the full scope of what your child will need across their life, not just in the next few years.
NON-ECONOMIC DAMAGES
Not all harm from a birth injury can be measured by receipts. We pursue non-economic damages by showing how the injury affects your child’s ability to enjoy life, interact with others, and develop with independence.
This often includes physical pain, cognitive limitations, and the emotional weight of living with a disability. To support this part of your claim, we gather therapist reports, physician notes, and statements from your family that describe how the injury has changed your child’s daily experience.
When a mother or newborn dies due to medical negligence, Indiana law allows surviving family members to file a wrongful death claim. We take immediate steps to identify who is legally responsible, secure medical records, and evaluate both financial and emotional losses.
Claims may include funeral expenses, emotional trauma, and the loss of support the child or parent would have provided. Fatal birth injury cases follow specific procedures under Indiana law, and we guide families through each phase with care and legal focus.
Once a claim moves forward, the case enters a formal legal process. This includes preparing medical evidence, engaging with insurers or hospital attorneys, and, if needed, presenting your case in court. Each phase is structured to move your claim toward resolution under Indiana law.
Every birth injury case begins with a no-cost consultation. During this review, we gather key medical records, typically 5 to 10 core documents such as labor notes, delivery reports, and fetal monitoring strips. These are reviewed with independent experts in obstetrics and neonatology to evaluate whether medical mistakes caused preventable harm. This early analysis gives you a clear understanding of whether your case meets the legal criteria for filing without any financial commitment.
Most birth injury lawsuits in Indiana are resolved through negotiated settlements. In these cases, we work directly with the opposing side to reach an agreement that addresses your child’s medical and financial needs. If a fair resolution isn’t possible, we prepare to take your case to court. Trial readiness from the beginning strengthens your position, whether you settle or proceed before a judge and jury.
Legal outcomes do more than provide compensation; they confirm that medical negligence occurred. Whether through a verdict or settlement, the result defines how a provider’s decisions caused preventable harm. These outcomes often lead to internal policy reviews and improvements in hospital protocols. Recognizing medical negligence in this way brings closure for families and encourages safer practices across Indiana’s healthcare system.
Not every birth injury results from malpractice. For a claim to be legally valid, it must show that the provider owed a duty of care, that this duty was breached, and that the breach caused harm. Understanding whether these elements apply to your situation starts with examining what happened during labor and delivery and why.
Certain actions during labor and delivery may indicate medical negligence. Common examples include:
To prove that a birth injury was caused by malpractice, legal teams work closely with qualified medical professionals. This collaboration focuses on three critical areas:
Some birth injuries occur despite proper care. Others result from avoidable mistakes. Understanding whether the provider breached their duty and whether that breach caused harm is key.
Medical Risk
Injury occurs despite proper care.
The doctor followed accepted medical guidelines.
Harm was an unavoidable outcome of a known complication.
No legal basis for a malpractice claim.
Medical Negligence
Injury occurs because of substandard care.
The doctor ignored warning signs or made poor decisions.
Harm could have been prevented with appropriate action.
Often supports a valid birth injury lawsuit.
Langer & Langer focuses on birth injury cases with the depth, discipline, and legal insight these claims demand. We understand what families face, and we know how to hold providers accountable under Indiana law.
Langer & Langer has built a reputation in Indiana courts for handling complex medical malpractice and birth injury cases. We focus specifically on claims involving delivery errors, diagnostic failures, and long-term harm to newborns. Our trial lawyers understand how to present medical evidence clearly and meet the legal standards required under Indiana malpractice law. When hospitals and insurers push back, we are prepared to take the case to trial.
Families facing a birth injury are dealing with more than a legal issue; they’re adjusting to a life-changing event. We guide our clients through each step of the legal process with clarity, patience, and respect. This means explaining what to expect, helping gather records, preparing for medical reviews, and answering every question along the way. Our role isn’t just legal, it’s personal.
We handle birth injury cases on a contingency fee basis. That means you don’t pay anything unless we recover compensation for your family. This model removes financial pressure and allows you to focus on your child’s care. From the first consultation through resolution, you have access to experienced legal support without upfront costs.
Indiana has specific laws that govern how birth injury claims are handled. Before a case can proceed to court, it must first go through a Medical Review Panel. The state also limits certain types of damages and requires additional steps not found in other states.
Indiana follows a discovery rule that allows the deadline to begin when the injury is reasonably identified, not necessarily at birth. For minors, additional time may be available depending on the facts of the case. Missing the deadline can permanently bar your right to compensation, so it’s important to speak with a lawyer as soon as you suspect malpractice.
Indiana law places strict deadlines on when a birth injury claim can be filed. In most cases, the statute of limitations is two years from the date the injury occurred. However, birth injury cases often involve delayed diagnoses, especially in infants and young children.
This fund is especially important in birth injury cases involving permanent disabilities or extensive lifelong care. To qualify, the healthcare provider must be enrolled under Indiana’s Medical Malpractice Act. Your lawyer ensures eligibility, handles the application process, and secures the full recovery your child’s situation demands, even when non-economic damages exceed state limits.
Indiana’s Patient Compensation Fund (PCF) helps families recover compensation that goes beyond a provider’s insurance limits. When a verdict or settlement exceeds the provider’s liability cap, the PCF can cover additional costs such as ongoing medical care, therapy, and future support needs.
While the panel’s opinion is not legally binding, it carries significant weight in court. A favorable opinion can support settlement negotiations or strengthen your position at trial. A negative finding doesn’t end the case, but it can shape how the claim moves forward. Working with a lawyer who understands how to present your case effectively to the panel is essential in Indiana birth injury litigation.
Under Indiana law, most birth injury claims must first be reviewed by a Medical Review Panel before a lawsuit can proceed to court. This panel is made up of three licensed healthcare providers and one attorney who acts as a non-voting chairperson. The panel reviews written evidence such as medical records, expert opinions, and legal arguments to decide whether the care provided met acceptable medical standards.
Some complications during labor or delivery result from preventable medical mistakes. Others occur due to unavoidable genetic or prenatal conditions. Clarifying the cause helps determine if a provider’s actions meet the legal threshold for malpractice.
A birth injury is physical harm caused during labor or delivery, often due to medical error, delayed intervention, or excessive force. These injuries can affect the brain, nerves, or bones and may lead to long-term complications.
A birth defect, on the other hand, develops during pregnancy and is typically caused by genetic conditions or environmental factors. Birth defects are not the result of delivery trauma or medical mistakes.
Distinguishing between injury and defect helps determine whether a legal claim for medical negligence is appropriate.
Several birth injuries appear frequently in medical malpractice claims. Common examples include:
Hypoxic-Ischemic Encephalopathy (HIE)
A brain injury caused by a lack of oxygen and blood flow during labor or delivery. It can lead to cognitive delays, motor problems, or permanent disability.
Cerebral Palsy (CP)
A group of disorders affecting movement, muscle tone, and posture. It often results from brain damage due to oxygen deprivation or trauma during birth.
Erb’s Palsy
A nerve injury that affects movement in the shoulder, arm, or hand, often caused by excessive pulling or improper use of delivery tools.
Certain warning signs during pregnancy and delivery require immediate medical attention. Key risk factors include:
Fetal distress
Abnormal heart rate patterns may indicate the baby isn’t getting enough oxygen.
Umbilical cord problems
A cord wrapped around the neck or compressed can restrict oxygen and blood flow.
Delayed C-section indicators
Prolonged labor, stalled dilation, or signs of maternal or fetal distress may call for urgent surgical delivery.
A birth injury impacts more than just health; it changes how a family lives every day. The emotional strain, care demands, and financial pressure reshape routines, relationships, and the future. Legal recovery can help restore stability when families need it most.
A birth injury turns daily life upside down. Parents often face sleepless nights, emotional overwhelm, and the daily strain of caring for a child with complex needs. Relationships may suffer, routines shift, and a sense of normalcy can feel out of reach. These emotional effects are real, and they often last well beyond the hospital stay.
When a child has delayed development or a long-term disability, the future becomes filled with unknowns. Families may worry about education, therapy, care costs, and what happens when the child becomes an adult. Every milestone becomes uncertain, and planning becomes difficult without clear answers. This ongoing uncertainty affects not just finances but hope, stability, and mental well-being.
A successful birth injury claim brings more than financial relief; it restores a sense of control. Legal support allows families to shift from uncertainty to a clearer path forward. Compensation helps pay for therapy, adapt the home, and plan for long-term needs, offering stability after a life-altering event.
Yes, you can file a claim if your child’s condition was diagnosed months after birth. Indiana’s discovery rule may apply, allowing the statute of limitations to begin when the condition was reasonably identified, not at delivery.
The evidence you need before speaking to a birth injury lawyer includes medical records, diagnosis details, and a timeline of care. A lawyer will request full records, but having key facts early helps assess whether malpractice is likely.
Filing a birth injury lawsuit may affect your relationship with the hospital or pediatrician. Some providers continue care, others may withdraw. A lawyer can help you plan for continuity of care if needed.
Yes, a birth injury lawyer can help if your child’s condition wasn’t diagnosed as malpractice by doctors. Lawyers consult independent experts to review whether medical standards were breached, even if providers didn’t report it.
Birth injury cases usually take 18 to 36 months to settle in Indiana. Timelines depend on case complexity, medical reviews, and whether the case goes to trial or resolves in settlement.
If the Indiana medical review panel rejects your birth injury claim, you can still file a lawsuit. The panel’s opinion is not binding, but it may influence how the case proceeds in court.
You do not have to wonder what went wrong or face it alone. At Langer & Langer, we offer a free consultation to help you understand whether medical negligence played a role in your child’s injury.
There’s no cost to speak with us, no pressure to decide, and no risk in asking the hard questions.
Indiana law limits the time to file, and early legal help can make all the difference. Call 219-600-8847 or complete our secure contact form today. We’ll listen, explain your options clearly, and help you take the next step with legal clarity, compassion, and confidence in your child’s future.
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