It can be devastating to have your newborn suffer from birth injuries as a result of negligence, wrongdoing, or medical malpractice of the hospital or the healthcare professional. Indiana birth injury lawyers specialize in helping families defend the rights of mothers and children. More specifically, they help families take legal action against the parties liable for the birth injury.
What Is a Birth Injury?
When women give birth to a newborn at a medical facility, they expect that there is a standard of care that governs the birthing process. Unfortunately, this is not always the case and birth injuries happen as a result of someone’s fault.
There is a wide range of injuries that can happen during the birthing process. This includes spinal cord injuries, brain damage, C-section injuries, and newborn jaundice. Healthcare professionals can make preventable errors and mistakes that result in birth injuries, some of which are extremely serious and have a lifelong impact on the child.
Establishing Liability in Birth Injury Case
While each case of a birth injury is different and can have its unique circumstances, you expect healthcare professionals with years of experience to maintain a certain standard of care. Any deviation from this standard of care can result in injuries to the newborn.
To establish liability in a birth injury case, you will need to demonstrate that the hospital or healthcare professional had a duty of care toward the patient. It must also be proven that there was a breach of duty that caused the patient to suffer a birth injury.
In addition, the extent of the damages, such as the severity of the injuries, must also be demonstrated. The damages can include medical bills, ongoing medical care costs, loss of earning capacity, and emotional distress.
You may need expert testimony to strengthen your birth injury case. The experts are typically from the medical profession and can use their knowledge and experience to demonstrate why the birth injury occurred and how the medical procedures used by the healthcare professional deviated from the standards.
What to Expect When Pursuing a Birth Injury Case in Indiana
Your first step should be to consult with an attorney, who will initiate an investigation into the factors of the case. Once they have assessed all the facts, they can guide you on filing a personal injury lawsuit or other types of legal action.
In the next step, also known as the discovery phase, the attorney will gather evidence for the case. This can include medical documents, expert testimony, and other evidence that can strengthen your case.
You may get an opportunity to resolve the dispute through mediation or settlement. However, you also have the right to take the case to trial. When you take the case to trial, you can expect that to add more time to the case.
It is vital to consult with an Indiana birth injury lawyer so they can guide you through the legal processes. You can contact us to schedule a consultation with our experienced attorney at the law offices of Wagner Reese. As birth injury cases can often get complex, our Indiana injury lawyers can help you establish liability for the birth injury and get compensation for your suffering.