When a baby’s brain is deprived of oxygen during labor, injured by the misuse of delivery tools, or harmed by a failure to respond to signs of fetal distress, the consequences can be permanent. Conditions like hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and traumatic brain injury may require ongoing medical care and support for years.
Indiana families facing these circumstances have the right to pursue compensation through the state’s medical malpractice laws. A successful claim can help cover medical costs, therapy, and the long-term care your child needs, but Indiana’s filing procedures and deadlines must be followed correctly from the start.
Wagner Reese has stood alongside Indiana families in birth injury cases for more than 25 years, recovering multi-million dollar verdicts and settlements on behalf of children whose injuries were caused by preventable medical negligence.
With more than 150 combined years of legal experience, our attorneys are continuously recognized by Super Lawyers and The Best Lawyers in America, and Wagner Reese is a Tier-One Best Lawyers Law Firm year after year. We handle infant brain injury cases on a contingency basis, meaning your family pays nothing unless we recover compensation on your behalf.
Time-Sensitive: Indiana Law Limits Your Window to File
Infant brain injury claims in Indiana must typically be filed within 2 years of the negligent act, or by your child’s 8th birthday if they were under 6 at the time.
With more than 25 years of experience and a reputation built on multi-million dollar recoveries, Wagner Reese handles every case on a contingency fee basis. No upfront costs. No fee unless we win.
How Indiana Medical Malpractice Law Applies to Infant Brain Injuries
Medical professionals and hospitals in Indiana are held to a defined standard of care under the Indiana Medical Malpractice Act, Indiana Code Section 34-18. When a doctor, nurse, or hospital fails to meet that standard and a baby suffers a brain injury, the family may have a valid legal claim against the responsible care providers.
Before a case can be filed in court, families seeking more than $15,000 in damages must first submit a complaint to the Indiana Department of Insurance. This triggers a medical review panel of healthcare professionals who evaluate the records and issue a written opinion on whether the standard of care was met.
The Indiana Birth Injury Claim Process
Consult an Attorney
Investigate the case and gather medical records.
File with Indiana DOI
Submit complaint before the 2-year deadline.
Medical Review Panel
Panel of medical professionals issues a written opinion.
File Lawsuit
Proceed to court with the panel opinion as evidence.
Negotiate or Trial
Settle or pursue a jury verdict for full compensation.
Understanding this process early is critical, because the two-year filing deadline continues to run while the review is underway. An attorney can manage every procedural step on your behalf.
Types of Infant Brain Injury Cases We Handle
Our attorneys have represented Indiana families across a wide range of birth-related brain injury claims. We have handled cases involving the following conditions and circumstances:
- Cerebral palsy caused by oxygen deprivation or trauma during delivery
- Hypoxic-Ischemic Encephalopathy (HIE) and birth asphyxia
- Fetal distress that was not recognized or addressed by the medical team
- Failure to monitor fetal heart rate or respond to warning signs during labor
- Umbilical cord compression causing a disruption in the baby’s oxygen supply
- Forceps injuries and vacuum extractor injuries
- Delayed or improperly performed C-sections
- Skull fractures, intracranial hemorrhages, and other traumatic birth injuries
In addition to birth-related brain injury cases, we also represent families in wrongful death cases involving infants who did not survive their injuries, and in claims involving children harmed by negligent daycare providers after birth.
Warning Signs and Long-Term Effects of Infant Brain Damage
Some infant brain injuries become apparent within hours of delivery, while others take months or years to fully emerge. According to the Centers for Disease Control and Prevention, traumatic brain injury is one of the leading causes of death and disability in children in the United States.
| Early Signs (Hours to Days After Birth) | Long-Term Effects (Months to Years Later) |
|---|---|
| Seizures or abnormal muscle tone | Developmental delays or cognitive impairments |
| Difficulty feeding or swallowing | Difficulty walking or using fine motor skills |
| Breathing difficulties at birth | Impaired speech or communication challenges |
| Poor response to stimulation | Hearing or vision impairments |
| Abnormal eye movements or tracking issues | Behavioral challenges and learning difficulties |
If your child has received a diagnosis connected to neurological damage and you have concerns about the care provided during birth, our attorneys can review the facts of your situation. We serve families across Indiana, including Indianapolis, Carmel, Fort Wayne, West Lafayette, and Evansville.
How Wagner Reese Investigates Your Case
Every infant brain injury case our firm handles begins with a thorough review of hospital records, delivery notes, and fetal monitoring data. Our attorneys work with medical experts in obstetrics, neonatology, and pediatric neurology to reconstruct the full timeline of care and identify where the standard of care was not met.
This rigorous approach has produced multi-million dollar results for families throughout Indianapolis and across Indiana. Where the evidence supports it, Wagner Reese is prepared to take cases to trial rather than accept settlements that do not reflect the true long-term cost of a child’s injuries.
We are a selective firm that accepts a limited number of catastrophic injury cases each year, allowing our attorneys to dedicate the full time and resources each family deserves. Approximately 50 to 60 percent of our cases come by referral from other attorneys and law firms who trust our track record in complex litigation.
Filing Deadlines for Indiana Infant Brain Injury Claims
Under Indiana Code Section 34-18-7-1, families generally have two years from the date of the alleged negligent act to bring a birth injury claim. Missing this deadline is irreversible, and your family permanently loses the right to seek compensation for those injuries.
Indiana Birth Injury Filing Deadlines at a Glance
| Standard Deadline | 2 years from the date of the negligent act (IC 34-18-7-1) |
| Minor Exception | Until the child’s 8th birthday (if under age 6 at time of injury) |
| Pre-Filing Requirement | Complaint to the Indiana Department of Insurance must be filed before the deadline expires |
Claims seeking more than $15,000 in damages must be filed with the Indiana Department of Insurance before the two-year period expires. Because these procedural steps must be completed in the correct order and within the applicable timeframes, speaking with an attorney as early as possible gives your family the best opportunity to protect your legal rights.
Contact Wagner Reese for a Free Infant Brain Injury Consultation
Wagner Reese has fought for Indiana families affected by infant brain injuries caused by medical negligence for more than 25 years. Our attorneys bring more than 150 combined years of legal experience to every case, are continuously recognized by Super Lawyers and The Best Lawyers in America, and our firm holds Tier-One Best Lawyers Law Firm status year after year. Both founding partners have been honored with the Trial Lawyer of the Year award.
If your child has suffered a brain injury that may be connected to events during labor or delivery, we encourage your family to reach out before the statute of limitations expires. Please complete our contact form to request a free consultation with one of our infant brain injury attorneys in Indianapolis, Indiana.
Frequently Asked Questions About Infant Brain Injuries in Indianapolis
