Can You Sue a Hospital For a Traumatic Birth?

Yes, you can sue a hospital for traumatic birth if medical negligence caused injury to you or your baby. In Indiana, hospitals can be held legally responsible when their employees—including doctors, nurses, and midwives—fail to provide the standard of care expected during pregnancy, labor, and delivery.

Giving birth to your child is supposed to be a joyous experience, but sometimes, births are traumatic and excessively painful. Enduring trauma when giving birth to your child can be disturbing and affect you for the rest of your life. Unfortunately, traumatic births are common in the United States. In some cases, the hospital and medical professionals may be at fault for a traumatic birth due to medical malpractice. This raises the question: can you sue a hospital for a traumatic birth?

If negligence is involved, you may have the option to file a birth injury claim and pursue a birth injury lawsuit to seek financial compensation for the pain, suffering, and damages endured. Understanding your legal rights can help you navigate this difficult time and hold those responsible accountable.

Wagner Reese, LLP, is an experienced Indiana birth injury law firm that can help get you get compensation for your traumatic experience. Our Indiana birth injury claims attorneys have an excellent reputation in the state, holding hospitals accountable for birth injuries and traumatic birth experiences. Our highly skilled attorneys have successfully resolved numerous birth injury cases. Many of our attorneys are members of the exclusive Multi-Million Dollar Advocates Forum, a recognition given to top litigators handling significant malpractice claims involving children. Only 1% of US practicing attorneys have received this honor.

Our Indianapolis birth injury attorneys have over 150 years of combined legal experience. We understand the complexities of the birth injury lawsuit process and how to pursue financial compensation for families whose child suffered due to the actions of negligent health care providers. Whether you need to file a birth injury lawsuit or seek a birth injury medical malpractice lawsuit, our team will guide you every step of the way. We have a well-deserved reputation for winning malpractice claims and achieving favorable birth injury lawsuit settlements and birth injury lawsuit payouts. We’ve recovered millions of dollars for birth trauma victims and their families, and we may be able to help you with your birth injury claim against health care providers responsible for your child’s injury.

What Is a Traumatic Birth?

The March of Dimes states that a traumatic birth is any emotional or physical distress you experienced before or after childbirth. Birth trauma can mean pain and suffering the mother experienced during the pregnancy and after birth. It can include both emotional and physical distress.

A traumatic birth can also include complications from the birth that cause injuries to the mother or child. Common traumatic birth injuries that Wagner Reese attorneys have seen include:

• Shoulder dystocia
• Facial paralysis
• Bone fractures
• Intracranial hemorrhage
• Misuse of forceps or vacuum extractors

Complications can make the delivery harder, but physicians should follow medical standards to ensure the mother and child receive the best care. If the doctor doesn’t follow the standard of care and there is an injury, they or the hospital could be sued for damages.

Traumatic Birth Injuries Involving the Mother

During a traumatic birth, the mother will likely focus on the baby and be less concerned about themselves. However, after the baby is born, the mother could have serious injuries and mental distress. Common traumatic birth injuries to mothers include:

• C-section complications
• Eclampsia
• Improper pain control
• Too much medication
• Improper postnatal care
• Intense bleeding
• Pre-eclampsia
• Infections
• Uterine rupture

The mother also could have emotional and mental trauma after the traumatic birth, such as nightmares, PTSD, hypervigilance over the child, and depression and anxiety.

When Can You Sue a Hospital for Birth Injuries?

You may have grounds for a medical malpractice lawsuit if healthcare providers:

• Failed to properly monitor fetal heart rate and vital signs
• Delayed performing an emergency cesarean section
• Improperly used forceps or vacuum extraction devices
• Did not respond appropriately to signs of fetal distress
• Made medication errors with labor-inducing drugs or anesthesia
• Failed to diagnose or treat umbilical cord complications
• Did not address maternal infections that endangered the baby
• Were inadequately trained, or the hospital was understaffed

Requirements for an Indiana Birth Injury Lawsuit:

1. Duty of care – The hospital owed you and your baby a duty to provide competent medical care
2. Breach of duty – Healthcare providers failed to meet the accepted standard of care
3. Causation – The breach directly caused your injuries or your baby’s injuries
4. Damages – You suffered measurable harm (medical costs, pain and suffering, disability, etc.)

Time Limit: Indiana’s statute of limitations for medical malpractice is generally two years from the date of injury. Special rules may apply for injuries to children.

Speak to an Indiana Birth Injury Attorney Now

Suffering through a traumatic birth can mar what should be one of the happiest days of your life. If you have injuries and mental trauma from giving birth, it may be time to speak to a birth injury attorney at Wagner Reese.

If medical negligence was involved, you could receive compensation for your medical bills, lost earnings, and pain and suffering. You also could be eligible for home modifications, loss of income or earning potential, or loss of companionship.

Contact a birth injury attorney today for a free legal consultation by calling (888) 204-8440.