Though labor and delivery are natural processes, this does not mean that they are easy. Coming into the world is a challenging process that poses many risks to newborns. In just a few seconds, a relatively uneventful birth can become dangerous if the baby exhibits signs of fetal distress.
Doctors, nurses, and other medical professionals are trained to recognize the signs of fetal distress and respond to them immediately. However, in some cases, these medical professionals do not catch signs of distress or do not act as quickly as they should. If this was the case during your child’s birth, you should speak with an experienced Indiana birth injury attorney as soon as possible.
Signs of Fetal Distress
During labor and delivery, a baby may exhibit several different signs of fetal distress that should be quickly addressed. These symptoms include:
- Changes in the baby’s heartbeat
- Decreased fetal movement
- Vaginal bleeding in the mother
- High blood pressure in the mother
- Severe cramping in the mother
When these symptoms are detected, the baby should be assessed immediately. Even a delay of just a few minutes in administering treatment may result in a permanent disability.
What Can Happen if Signs of Fetal Distress are Ignored?
If medical professionals do not promptly respond when signs of fetal distress are present, the lives of both the baby and the mother could be in danger. Several serious conditions, such as cerebral palsy, seizure disorders, hearing and vision impairments, and intellectual disabilities may develop if the baby is in distress for an extended period of time. Most of these conditions are caused by brain damage or a lack of oxygen during birth.
Experienced Indiana Birth Injury Attorneys Can Help with Fetal Distress Claims
If you believe that your child was injured due to the negligence of a medical professional, you should consult an attorney as soon as possible to determine if you are able to file an Indiana birth injury claim. Birth injury attorneys represent injured babies and their families in these complicated medical malpractice claims and ensure that their legal interests are thoroughly protected both during the case and after it has been finalized.
Birth injury attorneys have access to a wide network of experts who offer testimony and advice that strengthens a birth injury claim. Expert medical witnesses, for example, often provide testimony about where a medical professional went wrong in the treatment of a mother or her baby.
Medical malpractice claims, including birth injury claims, are complicated and require a detailed understanding of complex legal principles. Families who hire birth injury attorneys are able to focus on the health and healing of their loved ones instead of attempting to navigate the difficult legal system.
Do I Have to Go to Court for a Birth Injury Claim?
Before pursuing a legal claim, many victims worry about the possibility of going to court. After being injured or witnessing the injury of a loved one, the last thing these individuals want to do is take the witness stand and undergo cross-examination from an attorney.
Fortunately, most birth injury claims settle long before a trial become necessary. Most hospitals and doctors would rather not have the details of a malpractice case come out in a public trial and offer to settle the claim. Settlements may occur at any point during a birth injury claim; birth injury attorneys make sure that the victim is fairly compensated in such an agreement.
Of course, a few birth injury claims will make it to the courthouse. If a trial does become necessary—for example, if the doctor and hospital refuse to make a reasonable settlement offer—birth injury attorneys prepare their clients beforehand. However, it is much more likely that the case will settle.
How is My Indiana Birth Injury Settlement Calculated?
Before entering the long and difficult Indiana birth injury lawsuit process, many parents want to know how much money they could expect in a settlement. The size of a birth injury settlement depends on many circumstances, but two heavily weighted factors are the likelihood of prevailing at trial and the size of birth injury verdicts in similar cases in the jurisdiction.
If an average verdict is around $10 million and the odds of winning are around 75 percent, then the family may be able to settle for just under $7.5 million. Many families take a little less so they can avoid the delay, stress, and expense of a trial.
Damages in an Indiana Birth Injury Lawsuit
In Indiana, damages are divided into two main categories: economic damages and non-economic damages. The amount of damages accumulated in a case significantly affects the settlement value of the claim.
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Damage to relationships
These damages depend on the impact the injuries have had on the victim.
Economic damages include:
- Lost wages
- Medical bills
- The cost of in-home health care
- The cost of medical equipment
- The cost of future medical care
Other types of damages may also be included.
Awards Our Clients Have Received
Some of the impressive verdicts and settlements our firm has obtained for our birth injury clients include:
- $4,850,000 in a birth trauma brain injury case
- $3,200,000 in a labor and delivery negligence case that caused a brain injury
- $1,187,500 settlement in a case involving the failure to monitor a baby, resulting in death
Disclaimer: Past results cannot guarantee future performance. Any result in a single case does not constitute a promise, prediction, or guarantee regarding the outcome of any other case.
Contact Our Experienced Indianapolis Birth Injury Attorneys Today
At Doehrman Buba, our attorneys have more than 40 years of combined experience in medical malpractice claims, including birth injury claims. We have represented clients throughout the state of Indiana and are prepared to represent you and your family. To schedule a free consultation with our experienced legal team, contact us today.