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Conventional wisdom says “Have your baby at a hospital where there are tools to handle every contingency.” With birth-related trauma so highly-litigated, many Indiana medical malpractice attorneys are specializing in birth-related injury. Birth trauma injuries that can be incurred at a hospital and by medically negligent care in include: • lacerations to the baby’s body during Cesarean section
• broken bones in the baby from forceps delivery
• temporary lack of oxygen to the baby due to cutting the umbilical cord too early (which can lead to mild brain damage and cerebral palsy)
• excessive blood loss to the mother after Cesarean section
• botched Cesarean sections that require radical hysterectomies
• damage to the mother’s external genitalia due to botched episiotomy
• brain damage to the baby due to forceps delivery
• spinal cord damage to the baby due to improper manipulation of the baby during birth (resulting in partial or total paralysis)
• bleeding in the baby’s skull due to improper forceps delivery (resulting in autism, epilepsy, and brain damage)
• infant death due to improper use of vacuum extractors or forceps
• infant’s dislocated shoulder (shoulder dystocia) due to inept delivery of the baby’s shoulders (causing nerve damage to the arm, Erb’s Palsy, Cerebral Palsy, and other related problems) Here are some statistics: According to the Department of Health and Human Services, 6.68 birth trauma injuries occurred per 1,000 live births in US hospitals in 2000 (National Healthcare Quality Report, AHRQ, DHHS, 2003). That may not sound high, but if you’re a parent of a child that has suffered birth trauma injury due to medical negligence or ineptitude, it is your life’s work to get proper compensation. This requires the skills and talents of an attorney with specialized knowledge and experience in this area. The best way to find an Indiana specialist in birth-related injury is to go to a clearinghouse site like findlaw.com. Once there, look for medical malpractice attorneys. Once you find those, look for birth trauma, which is a sub-specialty. You may find those who specialize in harm to the mother, harm to the infant, or both. One way to make sure that an attorney is a specialist is to look for membership in the Birth Trauma Litigation Group of the American Association for Justice. This organization is dedicated to continual education in litigation and in improving practice methods. Continuing education is crucial; it means that an attorney wants to be the best and is willing to remain a student even as he or she practices. Memberships in the American Bar Association, the Indianapolis Bar Association, and the Indiana Bar Association show that the attorney you are considering has a strong interest in continuing his or her legal education. Look for a high percentage of litigation experience; many attorneys post on their websites how much of their practice is litigation. If it’s not posted, call and ask. With a child’s well-being at stake, you will need an attorney who knows the trial system and who isn’t afraid to jump in with both feet. An active attorney will be your best advocate in a birth trauma medical malpractice suit. |
