Birth injuries can be a devastating experience for families, leading to long-term health issues or disabilities for the newborn. In Indiana, if a birth injury is the result of medical negligence, families may have the right to hold the medical team responsible through a medical malpractice claim.
Common examples of birth injuries
When medical care does not meet established standards, various types of birth injuries can occur. Some of the more common examples include the following:
- Cerebral palsy: Often due to a lack of oxygen to the brain or trauma during labor and delivery.
- Brachial plexus injuries: These injuries can happen when there is pulling on the shoulders when the fetus presents in a head-first position or pressure on the arms during a breech (feet first) delivery.
- Fractures: Clavicle or collarbone fractures are common during difficult or complicated deliveries.
These injuries can have lasting effects on a child’s life, necessitating extensive medical treatment and rehabilitation.
Common causes of birth injuries
Several factors contribute to birth injuries, many related to medical negligence. Key causes include:
- Incorrect use of delivery tools: Tools like forceps can cause serious injuries if used incorrectly.
- Failure to respond to fetal distress: Medical professionals must monitor the fetus’s heartbeat and act quickly if there are signs of distress.
- Inadequate training or staff: Insufficiently trained staff or inadequate staffing during delivery can lead to improper care.
Recognizing these causes can help victims of a birth injury better understand how negligence may have occurred during the birthing process.
Legal remedies under Indiana law
Victims of birth injuries in Indiana can seek compensation through a medical malpractice claim, but they must meet specific legal requirements. The first step is to gather evidence to support the claim. This is often followed by the filing of a complaint. Victims must generally file a proposed complaint with the Indiana Department of Insurance, which involves presenting the claim to a medical review panel. This panel, consisting of healthcare professionals, will give an opinion on whether the care provided met medical standards. The opinion of the medical review panel can play a significant role in any subsequent court proceedings.
Families affected by birth injuries in Indiana have the option to pursue legal action against responsible medical teams through malpractice claims. Legal recourse not only seeks compensation but also aims to ensure accountability and prevent future medical negligence.