Fort Wayne
Birth Injury
ATTORNEY

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.