Maternal Birth Injuries in Indiana

• Mothers can suffer injuries and complications before, during, or shortly after childbirth that are often just as physically, emotionally, and economically devastating as the birth injuries that babies suffer.
• Yet no matter how badly a mother gets hurt, compensation will generally only be available for a maternal birth injury when it is the result of medical malpractice, something that isn’t always easy to demonstrate.
• To help get justice for a maternal birth injury in Indiana, turn to Hensley Legal Group, PC, where we’ve had proven success with catastrophic injury cases, like a $25 million verdict* for a collision with an ambulance.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

Birth injuries are the stuff of nightmares, but they’re a terrifying reality for the parents of the estimated 30,000 American babies injured annually during childbirth, not that babies are the only ones who can get hurt in the delivery room.

Because while we tend to think of the health of a newborn whenever a “birth injury” is mentioned, mothers can suffer serious injuries and complications while giving birth too, and they can be just as physically, emotionally, and economically devastating as infant birth injuries, if not more so.

And although sometimes a maternal birth injury simply can’t be avoided, the victims may be eligible to pursue birth injury lawsuits or claims if their injuries are caused by medical negligence. Moreover, they could improve their chances of obtaining what they deserve by joining the ranks of the many Hoosiers each and every day who choose to hire Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998 and have secured such noteworthy results in catastrophic injury cases as:

• A $25 million verdict* for a collision with an ambulance.
• An $8 million claim resolution for a delivery truck crash.
• A $4.25 million settlement for a pedestrian accident.

Additionally, Hensley has been honored as one of the Best Law Firms in the United States by Best Lawyers®, while its attorneys have earned inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40.

Yet as proud as we are of these accolades, we’d be equally proud to represent you at this trying time and hope that you call us at (317) 472-3333, chat with us online, or fill out our contact form for a free case review with a knowledgeable Indiana birth injury attorney at our firm.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

Common Maternal Birth Injuries

As practically every mother might tell you, childbirth is never easy. Even under ideal circumstances, some injuries are to be expected, like bruising, swelling, and tearing of the perineum (the tissue between the vaginal opening and the anus), usually either:

• First-degree tears of the skin alone; or
• Second-degree tears of the skin and muscle.

Some births are less “easy” than others, however, and the severity of maternal injuries is likely to increase the more difficult the births become, especially when more involved medical interventions are necessary, such as:

• Episiotomies, where the perineum is cut to widen the birth canal; or
• Cesarean sections (C-sections), where the baby is delivered through incisions made in the uterus and abdomen.

Procedures like these can inflict injuries no matter how well they are executed, but they could pale in comparison to the injuries that might be incurred if something goes wrong during pregnancy, childbirth, or the postpartum period immediately following childbirth. Some of the most common maternal injuries associated with problematic pregnancies and births include:

• Third-degree perineal tears that extend through the skin, vaginal tissue, perineal body, and anal sphincter
• Fourth-degree perineal tears that extend through the above areas as well as into the lining of the rectum
• Hemorrhaging/uncontrolled bleeding
• Uterine ruptures
• Pelvic floor damage
• Blood clot complications (e.g. pulmonary embolisms)
• Emergent hysterectomies
• Infections/sepsis
• Anesthesia-related impairment
• Urinary or fecal incontinence
• Broken bones
• Preeclampsia, in which the blood pressure suddenly spikes
• Eclampsia, in which preeclampsia leads to seizures or comas
• HELLP (Hemolysis, Elevated Liver Enzymes, Low Platelets) syndrome, a form of preeclampsia that affects the blood and liver
• Organ damage or failure
• Post-traumatic stress disorder (PTSD)

Many of these injuries could be deadly in the absence of timely medical care, although almost no maternal birth injury will automatically justify a lawsuit or claim, regardless of how extreme it might be, unless some sort of medical malpractice played a role in it.

How Medical Malpractice Can Cause Maternal Birth Injuries

As with other birth injury lawsuits in the state, Indiana maternal birth injury lawsuits are basically medical malpractice lawsuits (or wrongful death lawsuits when the injuries are fatal), and a negative outcome isn’t proof of medical malpractice in and of itself.

Instead, medical malpractice is only said to occur when a healthcare provider deviates from the “standard of care” (a term for the accepted protocols of the medical profession) by not treating a patient the way that other competent providers might have in a similar context.

When that deviation injures a patient, there may be grounds for a medical malpractice suit – or a maternal birth injury suit if the patient is a mother injured during the course of pregnancy or childbirth – though the plaintiff will still have to demonstrate that:

1. The provider owed a duty of care – By agreeing to take the mother on as a patient, the provider owed her a duty of care.
2. This duty was breached – The provider’s deviation from the standard of care violated or “breached” this duty.
3. This breach caused injury – The mother was injured because of the provider’s breach of duty.
4. Damages were sustained – The mother or her family sustained damages as a direct consequence of her maternal birth injury.

If each of these elements can be shown, an Indiana maternal birth injury lawsuit may be filed or a claim may be initiated over the medical malpractice that harmed the mother.

Examples of Medical Malpractice That Could Injure a Mother

Some of the chief examples of medical malpractice that could injure a mother before, during, or after childbirth include:

• Failure to watch out for indicators of danger or high-risk conditions during pregnancy, like hypertension and diabetes.
• Poor supervision of vaginal births.
• Inadequate monitoring of heart rate, blood pressure, oxygen levels, and other vital signs.
• Errors in the administration of drugs or antibiotics.
• Neglecting to diagnose or address a crisis during or after birth, such as:
  • Hemorrhage
  • Uterine rupture
  • Placenta accreta
  • Preeclampsia, eclampsia, or HELLP syndrome
  • Infections or sepsis
  • Seizures, strokes, or comas
• Waiting too long to perform surgeries or C-sections or making critical mistakes while performing them.
• Excessive or insufficient anesthesia.
• Incorrect usage of forceps, vacuums, or other delivery devices.
• Causing or failing to repair overly large tears.
• Not recognizing or responding to substantial bleeding or hemorrhaging.
• Inaccurate calculation of blood loss.
• Delayed transfusions or transfusions with an incompatible blood type.

If a mother is forced to cope with a significant maternal birth injury because of these or other kinds of negligent medical attention in the State of Indiana, she or her loved ones might be able to take legal action against everyone who may be to blame for it.

Who Is at Fault for a Maternal Birth Injury?

More individuals and entities might be at fault for a maternal birth injury than you might imagine, including such potential defendants as:

• Doctors
• Nurses
• Paramedics
• Technicians
• Anesthesiologists
• Pharmacists
• Hospitals
• Medical facilities
• Ambulance services
• Drug and medical device manufacturers

In some instances, multiple parties could share varying degrees of legal and financial liability for the same maternal birth injury, and you will have to go after every single one of them within the time allotted by law, known as the Statute of Limitations.

The Statute in Indiana is generally two years from the date of a maternal birth injury. Nonetheless, there are certain requirements that must be satisfied before you are permitted to file suit, along with others that may have to be fulfilled afterward, and you can be forever barred from full fiscal recovery if you don’t dot every “i” and cross every “t” before the clock runs out.

Clearly, there are a lot of obstacles you could encounter when you’re putting together a maternal birth injury case in Indiana, and they can be particularly hard to handle if you’re already struggling to heal from that injury. Fortunately, no obstacle ever has to be insurmountable when you have the seasoned Indiana birth injury lawyers at Hensley Legal Group, PC by your side.

How Hensley’s Indiana Birth Injury Attorneys Can Make a Difference

Once retained, our Indiana birth injury attorneys will launch a comprehensive investigation to identify the root causes of the maternal injury and the defendants who may have contributed to it, then establish valid claims and/or file suit against them before the Statute of Limitations expires.

Our firm will also move swiftly to amass irrefutable evidence of actionable medical negligence, subpoenaing provider and hospital records when warranted while pooling our efforts with experts in their fields who can shed light on the issues at stake.

Upon assembling an airtight case that thoroughly conveys the depth of the defendants’ misconduct, our Indiana birth injury lawyers will enter into tireless negotiations with their insurance carriers for a settlement that takes the totality of your damages into account, including your:

• Past, present, and future medical bills
• Lost wages
• Pain and suffering
• Psychological trauma
• Mobility restrictions
• Scarring and disfigurement
• Diminished quality of life
• Loss of consortium (when applicable)

While some Indiana maternal birth injury cases can be resolved amicably without going to trial, we are more than willing to bring your case before a judge and jury if we don’t receive an offer that reflects its true value. This sets our firm far apart from far too many of our competitors, who rarely venture into the courtroom – and often end up leaving money on the table that belongs in their clients’ pockets because of it.

What should have been the most joyous day of your life may have turned into a constant source of distress, but you can always rely on Hensley’s tenacious Indiana birth injury attorneys to do whatever it takes to get you the compensation you need to start getting back to normal.

Our Indiana Birth Injury Lawyers Will Be Here for You

Hensley Legal Group has been standing up for the badly injured for almost three decades. If your life has been disrupted by a grievous maternal injury that was caused by a negligent medical practitioner in Indiana, our Indiana birth injury lawyers will be here for you.

You can schedule a complimentary consultation with an accomplished Indiana birth injury attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

Frequently Asked Questions

What are the most common maternal birth injuries?

While some birth injuries are to be expected even under ideal circumstances, a mother is more likely to be seriously injured when a birth is more difficult.

Among the most common maternal birth injuries are perineal tears, hemorrhaging, uterine rupture, pelvic floor trauma, blood clot complications, emergent hysterectomies, infections, urinary/fecal incontinence, fractures, preeclampsia, eclampsia, HELLP syndrome, organ damage, and PTSD.

Do I have grounds for an Indiana maternal birth injury case?

As with other sorts of birth injury cases in the state, an Indiana maternal birth injury case is usually only possible when the injury is the result of medical malpractice.

Malpractice is said to occur when a medical provider deviates from the standard of care by not treating a patient the way that other competent providers would, so you may have grounds for a case if you were harmed by a provider’s malpractice before, during, or shortly after labor.

How can a medical provider cause a maternal birth injury?

There are various kinds of misconduct that a medical provider could commit during the childbirth process that could injure the mother.

Some of the chief examples include failing to watch out for dangers, delayed, missed, or inaccurate diagnoses, drug and anesthesia errors, surgical mistakes, incorrect use of delivery devices, inflicting or not repairing large tears, and neglecting to address excessive bleeding promptly.

Who can be held liable for a maternal birth injury?

Anyone whose negligent care contributed to a maternal birth injury could potentially be held liable for it.

Typical defendants in Indiana birth injury cases include doctors, nurses, paramedics, technicians, anesthesiologists, pharmacists, hospitals, medical facilities, ambulance services, and drug and device manufacturers, and often multiple defendants will share liability simultaneously.

How long do I have to pursue a maternal birth injury case in Indiana?

The timeline for a maternal birth injury case is primarily driven by the Statute of Limitations, the period in which either a lawsuit must be filed or a claim must be resolved.

The Statute in Indiana is generally two years from the date of a maternal birth injury, although there are other requirements that may have to be satisfied beforehand, so it might be advisable to discuss your options with a knowledgeable Indiana birth injury lawyer as soon as you can.