Infant Brain Injury Lawyer in Indianapolis

When a child suffers a lack of oxygen during prolonged labor and delivery, an injury from forceps or a vacuum extractor, umbilical cord complications, or a preventable birth injury because a doctor missed the warning signs of fetal distress, the effects can last a lifetime.

The Law Office of Kelley J. Johnson has spent more than 20 years holding negligent doctors and hospitals accountable in Indiana medical malpractice cases. If your family suspects that a preventable medical error caused your baby’s brain injury, our Indianapolis infant brain injury lawyer can review the details of your child’s personal injury case at no cost.

Contact the Law Office of Kelley J. Johnson today to request a free consultation.

How Our Experienced Indianapolis Infant Brain Injury Lawyer Can Help You

For more than 20 years, the Law Office of Kelley J. Johnson has focused exclusively on medical malpractice claims in Indiana. Kelley has represented families before the Indiana Patient’s Compensation Fund and has guided cases through more than 100 medical review panels, the mandatory first step in nearly every Indiana malpractice claim.

Kelley works closely with expert witnesses in obstetrics, neonatology, and pediatric neurology to build a clear picture of what happened during your child’s birth. Our law office has recovered millions of dollars in compensation for Indiana families.

Families who have worked with our attorney and her team often describe the difference that personal attention makes during a difficult time. Here are some examples of the positive feedback we have received from past clients:

“Kelley, Janet, and the entire team were incredibly supportive, informative, and thorough throughout our case. We chose them over other options because of their approach, which recognized us as individuals, not just as victims seeking justice.” – Jonathan P.

“Kelley and Janet kept me updated, always assisted me with any questions, and didn’t treat me like a number. Kelley truly cares about her clients.” – Cody S.

Our Indianapolis infant brain injury attorneys can help your family in the following ways:

• Investigating the delivery record – We can review information like fetal heart monitor strips, nurses’ notes, and physician orders to build a timeline of what happened during labor and delivery and how medical mistakes led to your baby’s brain damage.
• Consulting with medical experts – We can work with neonatologists, obstetricians, and pediatric neurologists who can explain how your child’s injury occurred and what care your child will require going forward, including continued medical care, physical therapy, and occupational therapy to address developmental delays.
• Handling the Indiana medical review panel process – We can prepare and file every document the panel process requires and manage communication with the panel on your family’s behalf.
• Calculating the true cost of your child’s care – We can account for future medical treatment, therapy, and home modifications your child may need throughout their life.
• Negotiating with insurance companies – We can pursue fair compensation from the hospital’s or the physician’s insurer. If a fair settlement is not forthcoming, we can take your case to trial.

What Is an Infant Brain Injury?

An infant brain injury is any harm to a newborn’s brain that occurs before, during, or shortly after delivery. Some infant brain injuries appear right away, such as seizures or trouble breathing. Mild infant brain damage and other injuries might not show clear signs until a child misses developmental milestones months or even years later.

Common types of infant brain injuries include:

• Neonatal hypoxic-ischemic encephalopathy (HIE) – This form of newborn brain damage develops when a baby’s brain does not receive enough oxygen during labor or delivery.
• Cerebral palsy – This lifelong movement disorder often results from oxygen deprivation or bleeding in the brain during the birthing process or around the time of birth.
• Intraventricular hemorrhage (brain bleed) – This is bleeding from blood vessels inside or around the fluid-filled spaces of the brain, which is more common in babies after a premature birth.
• Kernicterus – This rare but serious condition occurs when high levels of bilirubin build up in a newborn’s brain and go untreated.
• Traumatic brain injury – This type of birth trauma and resulting severe brain damage can happen when a doctor uses excessive force with forceps or a vacuum extractor on the baby’s head during a difficult delivery. In addition to significant brain damage, an infant can also experience skull fractures and other head injuries from the medical intervention.

How Medical Negligence Can Cause Infant Brain Injuries

Most infant brain injuries happen because a member of the delivery team did not catch or respond to a problem in time. Doctors, nurses, and midwives are expected to closely watch a mother and baby throughout labor. A missed warning sign can lead to a permanent infant neurological injury.

Indiana law does not require your family to prove that the delivery team intended to cause harm, only that a reasonable provider in the same situation would have acted differently.

Examples of common medical errors that may cause severe brain injuries to a newborn include:

• Failing to monitor fetal heart rate – A dropping heart rate often signals that a baby is not getting enough oxygen, and a delayed response can cause lasting harm.
• Delaying a necessary C-section – When a vaginal delivery becomes unsafe, waiting too long to move to a cesarean section can cut off a baby’s oxygen supply.
• Misusing forceps or a vacuum extractor – Applying too much force or using forceps, vacuum extractors, or other tools improperly can cause bleeding or trauma inside a baby’s skull.
• Failing to treat maternal infections – Untreated infections during pregnancy or labor can spread to the baby and affect brain development.
• Ignoring signs of umbilical cord problems – A compressed or prolapsed umbilical cord can quickly cut off a baby’s oxygen supply if hospital staff members do not act fast.

Filing Deadlines for Indiana Infant Brain Injury Claims

Indiana law limits how long your family has to take legal action, so it is important to act quickly if you suspect a preventable medical error harmed your child. Under the Indiana Medical Malpractice Act, a family generally has two years from the date of the negligent act to file a medical malpractice claim.

If a child was younger than six years old at the time of the injury, Indiana law extends this deadline until the child’s eighth birthday. The discovery rule may also extend the deadline if the condition could not reasonably have been discovered within the limitations period.

Before your family can take a medical malpractice case to court, Indiana law requires most claims to go through a medical review panel. The panel, made up of health care professionals, reviews the medical records and issues a written opinion on whether they believe the provider met the required standard of care. Claims seeking more than $15,000 in compensation must go through the panel process, which must begin with a formal complaint to the Indiana Department of Insurance before the filing deadline expires.

Because these steps must happen in the correct order and within strict timeframes, it is essential to involve an Indianapolis birth injury attorney as early as possible.

Contact Our Indianapolis Infant Brain Injury Lawyer

If your baby was diagnosed with a brain injury after a difficult delivery, you deserve real answers about what happened. The Law Office of Kelley J. Johnson has more than 20 years of experience holding negligent medical providers accountable throughout Indiana. Our legal team is ready to review your family’s situation at no cost and in complete confidence. We handle birth injury lawsuits on a contingency basis, so your family will not pay any attorney’s fees unless we recover compensation for your child.

Contact the Law Office of Kelley J. Johnson today to request a free case review.