Medical Malpractice > Childbirth Injury


Pregnancy. Labor. Delivery. These sometimes difficult experiences of a mother’s life can be made more difficult with errors in obstetrical care. The damage done can affect not only the mother, but also the child she carries. As a medical malpractice and childbirth injury attorney, we’re deeply attuned to birth injuries of newborns. And we’re acutely aware of the aspects of prenatal, delivery and neonatal care that are critical to ensure a healthy mother and baby—one that’s free of preventable childbirth injuries.

What is a birth injury?

While a mother has responsibilities in ensuring the best possible delivery of a healthy baby, doctors, nurses and hospital staff are responsible to meet a standard of care to an expectant mother and her baby. This includes the correct monitoring of pregnancy, administering proper dose and choice of medicine when necessary, diagnosing potential problems, responding to those diagnoses, and conducting a safe delivery.

According to the Centers for Disease Control (CDC), about 7 in every 1,000 children will suffer from a birth injury. Classification of birth injuries that lead to birth injury cases can include: 

  • Failure to monitor
  • Failure to respond 
  • Failure to diagnose or misdiagnosing 
  • Incorrect administration of medicine
  • Improper use of medical equipment

Causes of birth injuries

Both mother and child can suffer from birth injuries resulting in a need for a childbirth injury attorney.

Newborn injuries may be sustained from:

  • Improper use of forceps or vacuum extraction
  • Oxygen deprivation or umbilical cord problems
  • Pulling on the baby’s head, shoulders, and/or arms
  • Failure to diagnose maternal infection
  • Failure to identify risk factors during pregnancy
  • Failure to order necessary tests for mother before delivery
  • Failure to perform cesarean section (C-section)

Some common maternal injuries sustained are:

  • Pre-exlampsia
  • Blood clots
  • Diabetes
  • Hemorrhages
  • Maternal infections
  • Uterine rupture
  • Severe vaginal tears

How do you prove birth injury?

In a birth injury case, you must prove that you (or your baby) received substandard care, suffered an injury, and that the substandard care caused the injury.

You’ll need to show:

  • Damages resulting from the injury
  • How the healthcare provider in question was negligent
  • How the healthcare provider’s medical negligence harmed the child
  • The mother was a patient of the healthcare provider and was under their care

Can you sue for birth injuries?

Yes, you can sue for birth injuries. Having an experienced legal team that knows medical malpractice in Indiana and the specifics of childbirth injury is key to helping you gain a measure of justice. These cases can be challenging and detailed. An effective case that nets fair compensation for the victims requires compassionate, sophisticated and aggressive legal representation.



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Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.


He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.


Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.


Belinda was very responsive. I am very pleased. They are great at what they do.


Mike Miller and the firm were all excellent to work with and were extremely professional.


We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.


Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.