As a top Indiana birth injury lawyer, it’s one of the more difficult types of cases the attorneys at Montross Miller LLP ever handle: Newborn babies injured or harmed in childbirth by an unfortunate incident of negligence or malpractice.
Such incidents are rare, but that’s hollow succor to a family who’s forever affected by a life-changing injury saddling its newest member.
Why You Should Hire Montross Miller, Top Indiana Birth Injury Lawyer
Childbirths are inherently difficult procedures. In modern first-world countries, we’ve become too accustomed to a near-100% success-rate of childbirth in which both mother and child are alive, healthy and unharmed – but the reality is that death or injuries during birth is all too common in the undeveloped world, just as it was in our medieval past.
Due to over a century of advancements in medical science that continue to this day, morbidity and mortality risks to mom and baby have been lowered to the point that we’re shocked when birth injuries do occur. A young life – a brand new person – may forevermore be altered and affected because of something that happened when they were born. It is a tragedy.
However, when birth injuries occur as the result of medical malpractice or negligence by a nurse, doctor, obstetrician, gynecologist, other physician or physician’s assistant, or by the hospital maternity ward in general, that’s even more tragic. To know by dint of legal adjudication that your newborn son’s or daughter’s severe injury might have a preventable cause adds to the sadness and the anguish your family is already enduring.
Because Losses Go Beyond Pain and Anguish, We Fight For the Fairest Compensation For All Damages
Imagine the losses, not just emotional but monetary: Medical bills for extended hospital stays, extensive tests, surgical procedures, on-site nurses and doctors and techs for home care, and so on; Lost wages or reduced income due to one or both parents abstaining from work to attend to their injured newborn child; Expenses amass and incur interest and penalties. The family’s financial problems cascade, making other debts pile up and add even more pressure.
A serious birth injury due to medical malpractice or negligence is a compounding calamity; it must be answered justly, with fair financial compensation to atone for the injury caused to your baby. That’s what Montross Miller LLP, attorneys-at-law in Indianapolis, IN, do best.
If your family or anyone you know has been afflicted with the tragedy of a severe childbirth injury and there’s substantial reason to believe it was caused by negligence or malpractice, please contact the law firm of Montross Miller for an initial free case evaluation and consultation. Reach us via the online contact form on our secure website, or call our Indianapolis law offices at 317-574-4500 in Indy or 1-888-599-2640 around Indiana. It pays to have Indiana’s top Birth Injury attorney on your side to provide the best legal advice and representation when dealing with such a dire situation.
Birth Injury Lawyers Who Understand Birth Injuries
Like we noted above – and like any mother can tell you – childbirth is an intrinsically traumatic experience. Consider yourself fortunate to live in a time and place in which medical science and technology make childbirth almost routine (though it never actually is).
As recipients of medical care, we all depend on our doctors, nurses, hospital and maternity ward staff, anesthesiologists and technicians to perform the duties for which they’ve trained and to which they’ve dedicated their professional lives. In those rare but extremely unfortunate circumstances of a mistake, a neglectful inaction or harmful malpractice that causes severe birth injuries to a newborn child, the baby could suffer a range of maladies and birth injuries.
Types of Birth Injuries Most Commonly Suffered
One of the reasons birth injury cases are extraordinarily difficult to litigate is that birth injuries can be insidious. While birth injuries and birth defects may often be quickly apparent, sometimes the fact of a birth trauma having occurred is not evident until the child begins to develop cognitively or approaches school age. Moreover, not every newborn child will react alike to the same methods of being born, adding to the complexity in proving that malpractice was the direct cause. Nevertheless, certain afflictions are relatively common among birth injuries. For the sake of general information, here’s an incomplete list of the more common types of birth injuries:
Forceps marks, scalp bruising, cuts and lacerations: Delivery by forceps or vacuum extraction can exhibit cuts and bruises on the head and face.
Facial paralysis and torn nerves of the face: Excess pressure by forceps or hands on the infant’s face can damage nerves during birth, rendering one or both eyes unable to close and possibly requiring surgery to repair.
Laryngeal nerve damage: Turning the infant’s head to the side during childbirth can cause difficulty breathing and swallowing, vocal cord paralysis, and respiratory distress.
Bone fractures: The baby’s clavicle (collarbone) can be broken during a difficult or breech delivery, requiring treatment for proper healing.
Spinal cord damage: Very serious injury including lifelong paralysis can occur if the newborn’s spine is excessively stretched during the delivery process.
Brachial plexus palsy: Difficulty in delivering the baby’s shoulder, or shoulder dystocia, can result in swelling or tearing of nerves. Variations include Erb’s palsy and Klumpke’s palsy. Healing from brachial plexus injury requires special physical therapy.
Cerebral palsy (CP): A terribly common and often preventable birth disease for which there’s no cure. Cerebral palsy is a brain injury that affects muscular and motor function. It may be a result of fetal distress, including maternal infection, prolapsed umbilical cord, oxygen deprivation, infant stroke, or failing to perform an emergency C-section when medically appropriate.
Anoxia, hypoxia, and perinatal asphyxia: If the neonate is deprived of sufficient oxygen, birth injuries related to the brain and cerebral function can result. Oxygen deficiency can possibly lead to hypoxic ischemic encephalopathy (HIE), intracranial hemorrhage, or cerebral dysgenesis.
Persistent Pulmonary Hypertension of the Newborn (PPHN): Being born means taking your first breath. In the womb, the placenta provides the fetus with oxygen; at birth, babies begin to breathe for themselves. If they can’t, they might have PPHN – and that might have been caused by incorrect medications administered to the mother during pregnancy.
Typical Causes of Birth Injury
Not all birth injuries are severe. Indeed, many are fairly common and will heal with no lasting repercussions to the child. But when those cases of catastrophic birth injury such as Cerebral Palsy or Persistent Pulmonary Hypertension of the Newborn do happen, it’s a natural impulse to want to know why it happened – especially when it happens to your child.
A multitude of factors could conceivably play integral roles in the reasons behind birth injury claims. Among these are premature delivery, inadequate weight, excessive weight, maternal obesity, pelvic disproportion, breech birth, and prolonged labor.
It is the role of the obstetric physician to utilize all available resources, technologies and knowledge to guide the mother through the delivery of her newborn child, maintaining the health of both and above all doing no harm. There are certain recognized standards of practice for taking care of dystocia, also known as difficult childbirth. When medical professionals fail to perform prescribed techniques, or perform unnecessary procedures, or commit doctor error or malpractice that results in severe injuries to the baby during birth, it’s a grave error that can negatively affect that child for the rest of their natural lives.
Indianapolis Birth Injury Lawyers For the Most Complex Cases
By its very nature, any legal case pursuing remuneration for severe birth injuries is extraordinarily complex. To demonstrate medical malpractice or negligence in a court of law before a jury, or in an arbitration hearing against an opposing insurance company, it takes a deep knowledge of the specifics of the particular incident.
Since our founding in 1980, the law firm of Montross Miller LLP has earned a reputation as Indiana’s preferred Personal Injury and Wrongful Death attorneys because of our aptitude for litigating the toughest, most complex, complicated and convoluted civil lawsuits in the Midwest. Many of our clients are in fact referrals from other birth injury lawyers, their cases referred to us because our firm has the resources and capacity to thoroughly investigate and dissect even the most intractable legal matter.
It doesn’t get much more complex than a case of Birth Injury caused by alleged malpractice – and our experienced team of Indianapolis birth injury attorneys is the best in the Hoosier State at getting from claim to satisfactory verdict. It’s about collecting and conveying the right information.
The Process For Taking On a Birth Injury Case
The client-intake process at Montross Miller LLP begins with your free consultation and free case review, at which our paralegal team learns everything possible about the Birth Injury, accumulating a package of facts, case notes, medical records and more data which our team of Indianapolis Birth Injury lawyers go over to determine whether your case is one that can be won. (Not every instance of Personal Injury, even Birth Injury, can be shown to be the result of negligence or malpractice and thus justification for compensation.)
If we believe your case holds merit and is worth pursuing, we proceed to investigate the particulars to assess what happened during the birth, and what should have happened during the birth. Doing so necessitates the input of experts – which Montross Miller does by reaching out to Indiana’s finest minds in the medical field to receive their expert testimony about expected standards of care during childbirth and typical obstetric procedures.
Armed with this knowledge base of records, facts and expertise, the accomplished Birth Injury attorneys of Montross Miller distill the best argument from the complexity and diligently work to formulate the absolute best possible presentation of that fact-based argument to the arbitrator or to the jury.
That’s the Montross Miller difference and why we’re trusted by clients and by fellow law firms to take care of Birth Injuries due to Medical Malpractice: We handle the tough cases by making the complex easier.
The Lawyers To Call When the Cause of Birth Injury Is Medical Malpractice
Since 1980 our Indianapolis birth injury attorneys have taken on some of the most difficult Childbirth Injury and Obstetrical Malpractice cases in Indiana, involving a range of birth injuries including cerebral palsy, Erb’s palsy, anoxia, hypoxia, hypoxic ischemic encephalopathy (HIE), cephalohematoma, cuts, bruises, lacerations, facial paralysis, bone fractures, spinal cord injuries, brain damage, Persistent Pulmonary Hypertension of the Neonate/Newborn (PPHN), and other severe afflictions.
These are serious injuries. If they are the result of medical errors during childbirth, those responsible should be held to account via legal civil action – and families victimized by such negligence should be granted fair restitution for those birth injuries in addition to the damages and turmoil they’ve been made to suffer.
As you can imagine, compiling a preponderance of evidence in a Childbirth Injury legal case requires an extensive amount of exhaustive research into the facts of the birth event itself. In order to demonstrate fault, our law firm may entail the expertise of medical, obstetric, gynecological and pediatric professionals in amassing the salient facts needed to present a compelling courtroom argument. We take the time, utilize the resources and avail ourselves of the outside experts to build a strong, cogent, understandable, iron-clad argument out of the most complicated circumstances.
If your family has been traumatized by the sad reality of Childbirth Injury due to doctor or hospital negligence, call the top Birth Injury and Medical Malpractice attorney in Indiana, Montross Miller LLP, at 317-574-4500 or 1-888-599-2640. Request an initial consultation to hold your free case review, so that together we can work to provide Strength Today and Security Tomorrow.™
Tell us about your Birth Injury case:
Indianapolis, IN 46240