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 may be at fault for a traumatic birth. What are your legal options?
Wagner Reese, LLP, is an experienced Indiana birth injury law firm that can help get you 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. Only 1% of US practicing attorneys have received this honor.
Our Indianapolis birth injury attorneys have over 150 years of combined legal experience. We have a well-deserved reputation for getting compensation for our clients. We’ve recovered millions of dollars for birth trauma victims, and we may be able to help you.
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.
Can You Sue a Hospital For Birth Trauma?
You can typically sue a hospital for traumatic birth if the standard of care was violated and medical negligence was involved. Medical negligence refers to a doctor breaching the medical standard of care that led to the injury and subsequent harm, which could be both physical and emotional.
Patients are often unsure if they can sue after a traumatic birth. Perhaps the situation was just a birth complication that couldn’t be foreseen. However, the traumatic birth could have been due to medical negligence. Unfortunately, many patients don’t know the medical standard of care and may not know when a doctor deviates from the standard.
If you think you suffered physical and emotional harm from a traumatic birth, have your case reviewed by an experienced birth injury attorney. They will listen to your story and determine the best legal paths forward. However, the statute of limitations in Indiana is only two years from the date of injury, so you should act quickly.
Our attorneys will investigate your case thoroughly and determine if medical negligence was involved. Important evidence that could prove negligence includes your prenatal and postnatal medical records, expert testimony, and witness statements from the medical staff.
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 (866) 824-6380.
