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Did medical negligence cause your child to suffer a birth injury? Are you facing exorbitant medical bills? Have you been forced to stop working or cut back on work hours, so you can care for your injured baby? Does your child require special medical equipment or expensive medications? You should not be left to shoulder the financial burdens that accompany such a tragedy alone. The birth injury attorneys at Langer & Langer understand the pressures you are facing during this difficult time, and we want to use our knowledge of the law, more than 100 years of combined experience, and exceptional legal skills to guide you on the path to recovery.
Many parents are uncertain about what to do if a doctor makes a mistake during pregnancy, labor, or delivery. Our team is here to help you find answers and pursue the justice your family deserves.
Contact the Indiana birth injury attorneys at Langer & Langer to learn more about filing a claim. Call 219-464-3246 or contact us online to discuss your case.
Birth trauma occurs when a baby sustains injuries during the birthing process. Sometimes birth injuries are minor, and the effects are short term. Other times, however, severe birth injuries alter the course of a child’s life, resulting in significant emotional strain and financial stress on families.
Birth injuries affect approximately 29 out of every 1,000 babies in the United States. Anytime physical force or intervention is required during labor or delivery, the risk of birth injuries is higher. Although not all birth injuries are caused by medical malpractice, negligence on the part of medical professionals is all too often the cause.
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Poor prenatal care, medication errors, mistakes during delivery, and inadequate aftercare can all contribute to birth injuries. If you suspect your baby was injured because of a medical professional’s negligence, our birth injury lawyers can investigate to help determine the cause. We will consider whether any of the following may have caused your baby harm, as we also handle personal injury cases in Indiana, ensuring families receive skilled legal guidance for a variety of serious injury claims.
Filing a claim against your obstetrician or another healthcare provider for medical negligence can help ensure that you have access to the financial resources necessary to obtain the support and medical care your child needs now, and that you will be able to afford any special medical equipment, medications, and treatment he or she will need later on in life. A birth injury claim also holds the negligent parties accountable, serving as a tool to deter similar acts or omissions in the future.
If you bring a birth injury lawsuit against a negligent medical provider, your birth injury lawyer will be responsible for proving that the following exist.
Your birth injury attorney will need to establish that the medical provider in question owed a duty of care to you and/or your baby.
It must be established that the doctor, nurse, or other medical professional breached that duty through negligent acts or omissions. This breach may have occurred at any stage throughout the course of prenatal care, labor, delivery of the baby, or during postnatal care.
Your birth injury lawyer will need to demonstrate that a link existed between the medical provider’s act or omission and the baby’s injuries. It is not sufficient to simply show that a medical professional was negligent. The negligence must have contributed to the baby’s trauma.
For a viable birth injury claim to exist, your baby must have suffered actual injuries. Your birth injury lawyer will use evidence such as physician’s reports, expert opinions, imaging results, and more to show how your baby was injured.
Mothers who were injured during the birthing process in Indiana typically have just two years from the date of the occurrence of the malpractice, even if the injury became apparent later. Babies who suffered birth injuries, however, the two-year statute of limitations does not begin to run until the child turns six.
Yes. A doctor must carefully monitor the mothers during labor and if the doctor does not do that and the mother or baby is killed, the doctor is responsible for all the harm caused.
Yes. Since epidural injuries can cause significant pain, paralysis, and other types of long-term or even permanent harm, victims can file a lawsuit against the anesthesiologist to recover compensation.
Maybe. If your baby’s birth defects were caused by the mother taking a prescribed medication during pregnancy, a birth injury lawsuit may be able to be filed against the prescribing physician, the pharmacist, or even the drug manufacturer.
Yes, for example, if you develop pre-eclampsia and the doctor does not properly monitor and treat you and you or your baby suffer injury, you can file a claim against the doctors.
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