DELVENTHAL LAW
CHILDBIRTH INJURIES
Over the past 100 years, the safety of childbirth has increased enormously. The mortality rates for both children and mothers have fallen as medical innovations and more knowledge about safe birth practices has grown.
However, medical mistakes can and do still occur during labor and delivery. As a result, far too many children and mothers suffer physical injuries that were entirely preventable. In fact, mortality rates have also begun to creep up, leading to unnecessary deaths. At Delventhal Law Office, we represent mothers and children when they are injured by medical malpractice.
INJURIES TO MOTHERS
Mothers are at risk of developing many complications during labor and delivery. A skilled doctor can diagnose problems and respond to them in an appropriate manner. Unfortunately, negligent and incompetent doctors might make problems worse. During labor and delivery, a mother can experience:
- Excessive vaginal bleeding
- Maternal shock
- Preeclampsia and seizures
- C-section errors
- Anesthesia errors
- Wrongful death
Doctors can also make errors during the entire pregnancy. For example, a doctor might fail to diagnose gestational diabetes or other complications that can negatively affect mother and child. And after delivery, a doctor might fail to prevent infections or diagnose other problems.
INJURIES TO BABIES
Labor and delivery can be more traumatic on babies. Many things can go wrong, and a doctor who is not sufficiently careful can cause life-long injuries to your child. Common injuries include:
- Brain damage. For example, the umbilical cord can become prolapsed or kinked, cutting off the flow of blood and oxygen to the brain.
- Nerve damage, especially in the brachial plexus region (near the clavicle). Stretching a baby during delivery can damage these nerves, which can cause weakness in the arm and hand.
- Broken bones because of misused forceps or rough delivery.
- Wrongful death.
Brain injuries, in particular, can have long-lasting effects, including impaired or delayed learning, muscle problems, impaired vision, and cognitive deficits. Even if your baby was deprived oxygen during delivery, a doctor can take steps to mitigate the damage, but the doctor must correctly diagnose the problem first.
WHAT YOU NEED TO PROVE
The fact that you or your baby is injured does not necessarily mean that the doctor is to blame. Not every pregnancy is easy, and not all problems are avoidable. Instead, you need to prove medical malpractice in order to hold a doctor or other medical provider accountable. In Indiana, medical malpractice has four parts:
- You must prove the doctor or other medical professional owed you a duty of care.
- You must show that the doctor’s conduct fell below the prevailing standard of care.
- You must show that you have suffered an injury.
- You must prove that the doctor’s negligent conduct caused your injuries.
In many cases, the second element will be in dispute—whether the actions a doctor took (or failed to take) met the prevailing standard of care. For example, a doctor who did not perform a C-section fast enough might claim that other doctors would have acted the same way.
In Indiana, a doctor must use the same care as other professionals in the same circumstances. This standard does not require that doctors be perfect, but they must be competent.
INVESTIGATING A MEDICAL MALPRACTICE CASE
A birth injury case begins with a patient meeting with an attorney to discuss what the patient thinks went wrong. Your attorney can then request medical records (with your permission) to review what actually happened in the delivery room. Your attorney might also need to discuss your case with a medical expert, who can determine whether the doctor breached the applicable standard of care.
Expert witnesses are usually key in birth injury lawsuits. An expert can explain to jurors what a doctor should have done, since jurors will not possess that information by themselves. This expert will usually be a current or former obstetrician who can offer their opinion about whether the doctor’s negligence injured you.
One of the advantages of working with an established firm like Delventhal Law Office is that we have access to experienced expert witness. A good expert should have spotless credentials but also be able to communicate medical issues to a lay audience in a way they can understand.
CONTACT A SKILLED BIRTH INJURY ATTORNEY IN FORT WAYNE
Birth injuries can cause a lifetime of complications, which many parents are unprepared to handle. At Delventhal Law Office, our dedicated Fort Wayne birth injury attorneys understand that families need compensation to cover future medical expenses, learning assistance, and rehabilitation. When you contact us, you receive compassionate legal guidance and a focus on you and your family’s best interests.
To protect your rights, please contact our office as soon as possible to schedule a free consultation.
The Indiana law that applies to your birth injury case
Indiana birth-injury claims proceed under the Indiana Medical Malpractice Act at IC 34-18[1], which requires a Medical Review Panel under IC 34-18-10[2] before suit is filed in court. The damages cap under IC 34-18-14-3[3] limits total recovery and the Patient's Compensation Fund picks up amounts above the provider's primary layer. The minor's statute of limitations is tolled under IC 34-11-6-1[4] until the child's eighth birthday for malpractice claims. Clinical standards are framed by ACOG[5] obstetric guidelines and the American Academy of Pediatrics[6] neonatal-care standards.
How insurance carriers fight Fort Wayne birth injury claims
Indiana birth-injury defense is among the most resource-intensive medical-malpractice work in the state. The first defense is the natural-cause argument — the provider claims the injury arose from an unforeseeable prenatal event, infection, or genetic factor unrelated to labor management. The second is the standard-of-care defense at the Medical Review Panel level, where three physician panelists review the file and issue an opinion that carries significant weight at trial under IC 34-18-10-23[7]. The third is the causation fight involving hypoxic-ischemic encephalopathy timing, fetal heart-rate strip interpretation, and umbilical cord-gas values measured against ACOG[5] intrapartum monitoring standards. The fourth is the apportionment defense across the obstetrician, hospital, anesthesiologist, and nursing staff. We build the case around fetal monitoring strips, timeline reconstruction, and qualified expert review before the Panel opens.
Evidence we preserve in the first 48 hours
Birth-injury cases live or die on the labor-and-delivery record and the fetal-heart-rate tracing minute by minute through the second stage.
- Complete prenatal records including every office visit, ultrasound, glucose tolerance test, and any documented risk factor such as preeclampsia or gestational diabetes
- Labor and delivery records with continuous fetal heart-rate tracings, nursing flow sheets, and the minute-by-minute medication and intervention timeline
- Umbilical cord arterial and venous blood gas values, placental pathology, and the Apgar scores at one, five, and ten minutes
- Neonatal intensive care unit records including imaging, EEG, head cooling protocol documentation, and discharge developmental assessments
- Pediatric neurology, developmental pediatrics, and early-intervention records establishing the long-term diagnosis of cerebral palsy, hypoxic-ischemic encephalopathy, or other permanent injury
Damages categories in an Indiana birth injury case
Birth-injury damages are capped in the aggregate under IC 34-18-14-3[3], with the provider's primary layer paid first and the Patient's Compensation Fund covering amounts above it. Within the cap, recovery includes future medical care across decades, life-care planning, lost earning capacity once the child reaches working age, and non-economic damages. Future medical needs for severe cerebral palsy and HIE routinely exceed the cap on present-value calculation alone. American Academy of Pediatrics[6] outcome data informs the life-care plan presented to the Panel and at trial.
What our birth injury clients ask most
Do birth-injury cases in Indiana go through the Medical Review Panel?
Indiana law requires a Medical Review Panel proceeding under IC 34-18-10[2] before most birth-injury suits can be filed in court. Three physician panelists review the file and issue a written opinion that becomes evidence at trial under IC 34-18-10-23[7]. The Panel typically takes 12 to 24 months and shapes the negotiating posture of both sides materially.
Is there a cap on damages for an Indiana birth-injury case?
Indiana caps total medical-malpractice recovery under IC 34-18-14-3[3], with the provider's primary insurance paying the first layer and the Patient's Compensation Fund paying amounts above that. The cap has been adjusted by statute over time, so the applicable cap depends on the date of the alleged malpractice rather than the date of filing or trial.
How long do I have to file a birth-injury lawsuit in Indiana?
The general medical-malpractice statute is two years from the date of the malpractice under IC 34-18-7-1[8]. The minor's tolling rule under IC 34-11-6-1[4] extends the deadline for a child's claim until the child's eighth birthday in most birth-injury scenarios. Earlier filing is strongly preferred to preserve fading memories and physical evidence.
What conditions qualify as a birth injury under Indiana law?
Cerebral palsy linked to intrapartum hypoxic-ischemic injury, brachial plexus injuries including Erb's palsy from shoulder dystocia mismanagement, hypoxic-ischemic encephalopathy with documented neurological sequelae, and certain neonatal infections preventable by timely intervention all qualify when the medical record supports a departure from the obstetric or neonatal standard of care.
What if the hospital says the birth injury could not have been prevented?
Provider denials are expected and rarely end the inquiry. Independent obstetric, neonatology, and maternal-fetal medicine expert review of the fetal monitoring strips, labor timeline, cord-gas values, and neonatal imaging routinely identifies preventable departures from ACOG and AAP standards that the original chart narrative does not acknowledge.
What happens after you hire us
Our first move is securing the complete labor-and-delivery chart, the prenatal record, and the NICU file, then arranging review by board-certified obstetric and neonatology experts. We file the Proposed Complaint with the Indiana Department of Insurance to convene the Medical Review Panel under IC 34-18-10[2]. After the Panel issues its opinion, suit is filed in Allen Superior Court or wherever venue is proper. Life-care planning runs in parallel. Representation is on a contingency-fee basis.
