Best Birth Injury Attorneys in Indianapolis

FAQs

• What types of birth injuries in Indianapolis might lead to a legal claim in Indianapolis?

  In Indianapolis, birth injuries brought on by medical negligence may be the subject of legal action. Cerebral palsy, brachial plexus injuries, brain damage due to fetal distress, Erb's palsy, nerve injuries, and skull or bone fractures are the most common conditions that justify such claims. Inadequate medical care during childbirth is frequently to blame for these injuries.

• What is the statute of limitations for filing birth injury lawsuits in Indianapolis?

  Mothers in Indianapolis who were injured during childbirth often have two years from the date of the malpractice to file a claim, even if the injury was not immediately apparent. However, the two-year statute of limitations does not begin to run until the child is six.

• What is the discovery rule regarding the statute of limitations for birth injuries in Indianapolis?

  The discovery rule in Indianapolis allows the statute of limitations for birth injuries to begin when the injury is discovered or reasonably should have been, rather than at the time of the malpractice event. This is especially important when disabilities become apparent only after a child has missed developmental milestones. Objective proof of the delayed discovery is required for the court to impose a new statute of limitations deadline.

• Is it possible to file a lawsuit for birth defects in Indianapolis?

  If a pregnant woman's use of prescription medicine is found to be linked to her unborn child's birth abnormalities in Indianapolis, she may have grounds for a lawsuit. Lawyers handling such cases can file a lawsuit not only against the pharmacist and the prescribing physician but also against the pharmaceutical company responsible for the drug's production. This legal action aims to address the potential liabilities associated with the medication that led to the birth abnormalities in the unborn child.

• What preliminary steps are required in Indianapolis for filing a birth injury lawsuit seeking damages over $15,000?

  A complaint must be filed with a medical malpractice review panel in order for an Indianapolis birth injury claim worth more than $15,000 to proceed in court. After reviewing the facts of the case, the panel will decide whether medical malpractice was the cause of the birth damage, allowing the case to be heard in court.