The birth of a child should be an exciting, happy time. Unfortunately, for many parents, the birth of a child is tainted by preventable birth injuries. Due to the negligence of medical professionals, these babies are injured and suffer long-term complications. Thousands of innocent babies are injured by medical professionals every year throughout the United States.
Developmental Delays Caused by Birth Injuries
A developmental delay may be diagnosed if a child is not reaching certain milestones, such as sitting up, talking, or walking. There are many developmental delays that are caused by preventable birth injuries. These conditions include:
- Cerebral palsy
- Cognitive disabilities
- Speech and language disorders
- Physical disabilities
- Attention deficit disorder and attention deficit hyperactivity disorder
- Sensory processing disorders
Other types of developmental delays may also result from preventable birth injuries.
Birth Injuries Linked to Developmental Delays
Many developmental delays are due to genetic disorders that are not preventable. However, medical negligence is to blame for a large portion of developmental delays. An Indiana birth injury attorney is able to examine medical records and other types of documents to determine if a medical professional’s negligence could be to blame for the child’s developmental delays.
Birth injuries may be caused by any of the following incidents:
- Twisting or pulling the baby during delivery
- The improper use of birth-assisting tools, such as forceps
- Medication mistakes during the mother’s pregnancy, labor, or delivery
- Failing to properly monitor the baby during pregnancy, labor, or delivery
- Delays in performing an emergency Caesarean section
- Oxygen deprivation during labor and delivery
Birth injuries may occur at any point during pregnancy, labor, or delivery. Without proper medical care, birth injuries are much more likely to occur.
Were My Child’s Developmental Delays Caused by Birth Injuries?
For parents, it can be difficult to determine if a child’s developmental delays stem from preventable birth injuries or genetic conditions. If you suspect that your child’s developmental delays resulted from an event that occurred during pregnancy, labor, or delivery, you should seek the advice of an Indiana birth injury attorney as soon as possible. There are deadlines that limit how long you have to file a legal claim, and once these deadlines have passed, you may be permanently barred from seeking relief through the Indiana court system.
Many parents had no idea that their child’s injuries were actually preventable and were caused by medical negligence until they hired an attorney. Your Indiana birth injury attorney will consult with medical experts and other professionals to build your case. With your attorney’s help, you will obtain the maximum amount of compensation available under the law.
Without an experienced Indiana birth injury attorney on your side, you may never know that you and your child could be entitled to compensation.
Proving a Birth Injury Claim in Indiana
Birth injury claims are a type of negligence claim. In every Indiana negligence claim, the injured party (or the injured party’s representative) must prove several elements. These elements are:
- The at-fault party owed the victim a duty;
- The at-fault party breached this duty; and
- Due to this breach, the victim suffered damages.
If the victim cannot prove one of these elements, the claim fails.
In an Indiana birth injury claim, all medical professionals who treated the victim owed that victim a duty to provide medical care that met the standard of care. The standard of care is the treatment that would have been provided by an experienced medical professional in a similar field and medical community.
When the medical professional fails to meet the standard of care because of some negligent act or omission, the duty is breached.
The victim’s damages may vary, depending on the facts of the case. Common types of damages sought in birth injury claims include medical bills and the parents’ lost wages.
Schedule a Free Consultation with Our Indianapolis Birth Injury Attorneys
At Doehrman Buba, our Indianapolis attorneys have more than 5 decades of combined experience in medical malpractice claims, including those that involve birth injuries. We are proud to serve clients throughout the state of Indiana. To schedule your free consultation, contact us today.