Indianapolis Birth Injury Lawyers
Medical errors often result in serious injury and long-term complications or permanent disability, but perhaps no instance of medical malpractice is more heartbreaking than birth injuries which could have been prevented had the doctors and medical staff taken the appropriate care. When these tragedies occur, the Indiana medical negligence attorneys at Lee & Fairman use all of their knowledge, skills and experience to hold hospitals and health care providers accountable for the harm they have caused through negligence, incompetence, or lack of adequate training and supervision.
Doctors owe duties to mother and child throughout pregnancy, labor and delivery
Doctors owe a duty of care to the mother, as well as the fetus in many instances, during the many stages of pregnancy, labor and delivery. The health of the mother should be monitored throughout the pregnancy for signs of gestational diabetes or other concerns, especially if the mother has had any prior difficult pregnancies, which should be known from a thorough medical history. Genetic counseling may be appropriate in instances where the medical history or other testing has revealed a likelihood that the baby may be susceptible to a fatal disease or debilitating medical condition.
The health of the fetus can be monitored in a number of ways as well, such as through ultrasounds, a fetal heart monitor or lab work which could reveal acidic blood, indicating a lack of oxygen and possible umbilical cord strangulation or other complication. Competent doctors also know that a large baby presents particular complications that should be considered and planned for throughout the pregnancy. Failure to properly monitor mother and fetus can lead to serious health complications which may even be life-threatening.
As labor and delivery approach, the entire medical team should be prepared to perform with the requisite level of skill and care. The improper use of forceps or Pitocin, or the failure to perform a c-section at the appropriate time, can cause serious health issues for mother and child.
Birth injury cases are a special type of medical malpractice
Just as medical malpractice cases present several issues that are distinct from other personal injury or wrongful death cases, birth injuries are treated differently than other medical malpractice cases in many ways. For instance, the statute of limitations (how long you have to bring a case) is different for a minor than an adult, but there are further distinctions depending upon the age of the child at the time of the injury. A person who is unfamiliar with birth injury cases may read the wrong statute of limitations and wind up being shut out of any recovery for the harm caused.
Another difference is the significance of the harm caused. While some birth injuries may be recovered from, some medical errors result in cerebral palsy and other forms of brain damage and paralysis that are lifelong conditions from which recovery is not possible. An attorney experienced in such debilitating conditions will know how to consult with economists and life care planners in order to prepare and present a persuasive case for an adequate amount of damages to compensate for a lifetime of additional costs.
Experienced Indiana Medical Malpractice Lawyers for Complex Birth Injury Cases
Birth injuries are among the most tragic and regrettable types of personal injury and medical malpractice cases that can occur. They are also often among the most complicated. If mother or child suffered a serious injury due to negligence or medical errors during pregnancy, labor or delivery, seek the advice and representation of experienced medical malpractice attorneys who can hold the responsible doctors and hospitals accountable and see that your present and future medical costs are covered. In Indianapolis or statewide, contact Lee & Fairman, LLP for a free consultation.