Lafayette Birth Injury Lawyers
Pursuing Justice for Injured Newborns
It is the hope of every parent that their child will be born healthy and happy. Unfortunately, this is not always the case, as some birth defects and injuries are the result of medical errors and negligence that could have been avoided.
If you or your child have suffered a birth injury and believe that a negligent medical professional or hospital is responsible, do not hesitate to contact our team at Hovde Dassow + Deets immediately. With over a century of combined experience, our birth injury attorneys in Lafayette have the expertise, resources, and skills necessary to advocate for you and your family. We have successfully recovered over $300 million in compensation for our clients. In every case, our goal is to maximize your individual recovery so that you can effectively navigate the healing process.
We take pride in being a voice for those who cannot speak for themselves and fighting to hold negligent medical practitioners and institutions accountable.
Reach out to us for a free consultation by calling (317) 576-3241 or contacting us online.
What Constitutes a Birth Injury?
A birth injury refers to an injury that occurs before, during, or immediately after childbirth. While most birth injuries affect the newborn or unborn child, mothers can also sustain severe and life-threatening birth injuries.
Common examples of birth injuries affecting children include:
- Oxygen deprivation
- Cerebral palsy
- Brachial plexus injuries
- Erb's palsy
- Facial paralysis
- Nerve damage
- Broken bones/fractures
- Forceps/vacuum injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Brain damage
Common examples of birth injuries affecting mothers include:
- Untreated infections
- Broken bones/fractures
- Pelvic organ prolapse
- Uterine rupture
- Vaginal tears
- Post-natal hemorrhage
- Anesthesia and spinal epidural errors
Birth injuries are typically caused by medical negligence and malpractice. Unlike birth defects, which are often the result of genetic or environmental factors, birth injuries are mostly preventable. When they occur, negligent medical providers can be held legally responsible for the damages suffered by the affected victims.
How Do Birth Injuries Happen?
In most cases, birth injuries occur due to the negligence or substandard care provided by obstetricians, nurses, doctors, and other medical professionals. This negligence, known as medical malpractice, can have severe and even fatal consequences.
Common causes of birth injuries include:
- Misdiagnosis or failure to diagnose maternal infections
- Delayed or inadequate treatment of maternal infections, disorders, or conditions
- Prolonged labor or failure to perform a timely cesarean section (C-section)
- Failure to recognize or address risk factors for birth injuries in the mother or baby
- Failure to monitor or respond to signs of fetal distress
- Improper use of forceps, vacuum extractors, and other birthing devices
- Failure to identify breach presentation
- Excessive force during delivery attempts
- Inadequate postnatal care for the mother or baby
- Medication errors during pregnancy or delivery
- Surgical errors during C-sections
At Hovde Dassow + Deets, we understand the devastating realization that your child's injuries were caused by the mistake or negligence of a trusted medical professional. Our birth injury attorneys in Lafayette are here to help you understand your legal options, including the possibility of seeking financial compensation.
Symptoms of Birth Injuries
A newborn can suffer a variety of injuries. Some of the most common injuries suffered by newborns include:
- Cerebral palsy
- Spastic quadriplegia
- Brain injury
- Cerebral hemorrhage
- Cranial bleeding
- Cerebral atrophy
- Brain damage
- Hemorrhagic stroke
- Severe developmental delays
- Permanent brain damage
Compensation in Birth Injury Cases
Filing a birth injury lawsuit serves two purposes:
- holding the responsible medical provider accountable for their actions
- seeking fair financial compensation for the losses you and your family have endured due to the provider's negligence.
These losses, known as "damages," can be economic and non-economic. While some birth defects and injuries cannot be prevented, others are the result of avoidable medical errors and negligence.
Compensation in Indiana birth injury cases can include:
- Medical expenses
- Future medical expenses
- Pain and suffering
- Lost earnings
- Disability and impairment
- Rehabilitation and therapy costs
- Home modifications
- Emotional distress and mental health treatment
- Punitive damages in rare cases
Establishing Your Birth Injury Case in Lafayette, IN
Similar to other medical malpractice cases, birth injury claims can be complex and require careful examination.
To prove your birth injury claim, you must establish the following key elements:
- A provider-patient relationship existed between you (or your child) and the defendant.
- The defendant failed to meet the accepted standard of care.
- You (or your child) suffered injuries or damages.
- The defendant's negligence or substandard care directly caused the injuries.
It is insufficient to merely demonstrate that your child was born with a defect or suffered an injury during birth. You must prove that your doctor either failed to act or acted in a way that another qualified medical professional would not have under similar circumstances. Additionally, you must establish that this conduct directly caused the injury, whether it affected you or your child.
At Hovde Dassow + Deets, our team of birth injury lawyers in Lafayette collaborates with esteemed medical experts to provide compelling testimony for our clients. We conduct thorough investigations, leaving no stone unturned in our pursuit of justice for families who have endured significant losses due to medical negligence. Let us fight on your behalf and support you and your family.
Statute of Limitations for Birth Injury Cases in Indiana
Most medical malpractice cases in Indiana, including birth injury cases, adhere to a two-year statute of limitations. This means you generally have two years from the date of the alleged malpractice to file a lawsuit against the responsible party. However, if the injury could not reasonably be discovered immediately, the court may extend the statute of limitations from the date when the injury was discovered or could have reasonably been discovered.
In birth injury cases involving children under the age of six, the child (or their parent or guardian on their behalf) has until their eighth birthday to initiate a birth injury lawsuit.
How Hovde Dassow + Deets Can Assist You
Dealing with the aftermath of a traumatic pregnancy or delivery is already challenging. You shouldn't have to worry about battling the hospital or its insurance company for fair compensation when the negligence of a trusted doctor or nurse has caused harm to you or your baby. Instead, allow our team to handle the intricacies of your case while you focus on your physical and emotional recovery.
With over a century of combined experience and a proven track record of success, Hovde Dassow + Deets is prepared to represent your best interests. We take pride in offering highly personalized and attentive legal support. When you choose our firm, one of our partner attorneys will be directly involved in your case from beginning to end. We are always accessible, answering calls 24/7, and ready to address any questions you may have at any stage of the legal process.
Contact us online or call our office at (317) 576-3241 today to arrange a free, no-obligation consultation with a member of our legal team.
Words can not express how exceptional Rick Hovde and Kelly Faulk are in the Field of Medical Malpractice- Bob D
You can tell we're just not a client but a family that they care about.- Steve H.
The best thing about working with Hovde Dassow + Deets was Nick's professionalism & knowledge.- Sarah S.
Our family very much appreciates the services we received from Nick Deets & his staff.- Teresa S.
Very professional, honest, upfront all throughout the case.- John H.