Birth Injury

Compassionate Indianapolis Birth Injury Attorneys

Highly Experienced Birth Injury Lawyers in Indianapolis, IN

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Common Types of Birth Injury Claims

Cerebral Palsy

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  • Abnormal variations in muscle tone - either being too stiff or too flaccid
  • Muscle spasms and/or rigidity
  • Lack of muscle coordination
  • Tremors or other involuntary movements
  • Delays in reaching motor skill milestones
  • Favoring one side of the body over the other - such as by dragging a leg or reaching with only one hand
  • Difficulty walking
  • Excessive drooling or difficulty swallowing
  • Difficulty eating
  • Speech delays
  • Difficulty with fine motor skills
  • Seizures
  • Difficulties with hearing and vision
  • Intellectual disabilities
  • Abnormal perceptions of pain and touch
  • Oral diseases
  • Psychiatric conditions
  • Urinary incontinence
  • Spastic Cerebral Palsy: This is the most common type of cerebral palsy. People who have this type of cerebral palsy have muscles that are stiff and may look stiff and jerky. It is caused by damages to the motor cortex of the brain before, during, or after birth.
  • Athetoid Cerebral Palsy: This type of cerebral palsy is characterized by uncontrolled movements. A person who has this type of cerebral palsy may make erratic movements. They have fluctuations in muscle tone, and their muscles can appear stiffer or more loose than is normal.
  • Ataxic Cerebral Palsy: This is the least common type of cerebral palsy. Those who have this type of cerebral palsy will exhibit tremors and lack of coordination as well as speech and oral problems. It is caused by damage to the cerebellum: the part of the brain that helps to control movement and coordination.
  • Mixed Cerebral Palsy: Often, cerebral palsy patients do not have the symptoms of only one type of the condition. When symptoms of more than one type of cerebral palsy are indicated, physicians called the condition mixed cerebral palsy. Because it can be a combination of conditions, symptoms will vary from person to person and it is best to consult with a trained physician for a more definitive diagnosis.

Erb's Palsy

  • A limp affected arm that is held against the side of the body or bent at the elbow
  • A decreased ability to grip with the hand on the affected side
  • Partial or full paralysis of the affected arm
  • Loss of sensory function in the upper arm of the affected area
  • Loss of motor function in the upper arm of the affected area
  • Numbness of the affected arm
  • Impaired nervous, circulatory, or muscular development
  • Surgery: If surgery is recommended, it should be done within the first three to six months after birth – unless your doctor suggests otherwise. Surgical attempts often focus on restoring partial arm function and can include removing scar tissue, nerve grafting, and other techniques in order to do so. Your physician will be able to explain this option in greater detail should it be an option for your child.
  • Physical Therapy: A wide range of physical therapy techniques may be helpful in treating this condition. Various range of motion exercises can help to improve strength, flexibility, and nerve function. A qualified physician and physical therapist team will be able to determine which treatments would best suit your child's needs.
  • Injections and Electrical Stimulation: Botox injections into the affected area have also proven helpful and may be advised, depending on your particular circumstances. Electrical stimulation, in which short electrical pulses are delivered directly to the affected area in order to strengthen the affected muscle group, may also be recommended.

Failure to Recognize Maternal Infections

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  • Chicken pox
  • Influenza
  • Gonorrhea and certain other sexually-transmitted diseases (STDs)
  • Hepatitis B
  • Rubella
  • Syphilis
  • Toxoplasmosis
  • Urinary tract infections
  • Zika virus

Failure to Recognize or Treat Maternal or Fetal Distress

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Failure to Perform a Timely C-section

Failure to Diagnose or Treat Jaundice, Meningitis, or Seizure Disorders

Improper Use of Delivery Tools (Vacuum Extractors and Forceps)

  • Brain bleeding
  • Cerebral palsy
  • Cognitive disabilities
  • Facial injuries and facial palsy
  • Developmental delays
  • Seizure disorders
  • Skull fractures

Answers to FAQs: When Can Your Family Seek Financial Compensation for a Birth Injury?

Q: What should I do if I believe my newborn suffered a birth injury?

Q: How long do I have to file a birth injury claim in Indiana?

Q: What types of financial compensation are available for birth injuries resulting from medical malpractice?

  • The parents' loss of income incurred while caring for their child
  • The child's loss of earning capacity
  • Home and vehicle modifications and other out-of-pocket expenses
  • Special education costs
  • Counseling, psychological therapy, rehabilitative therapy, and other forms of therapy
  • Pain, suffering, and loss of enjoyment of life

Q: If I file a birth injury claim, will I (or my child) need to go to court?

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