Indianapolis Birth Injury Lawyer | Medical Malpractice Attorney

Most deliveries are a cause for celebration. But sometimes, a baby may suffer a serious birth injury during delivery or as a result of negligent prenatal care.

New parents who have experienced the trauma of a birth injury may wonder what they could have done to prevent the injury and whether the doctor or delivery team was at fault.

Unfortunately, some birth injuries occur despite the best care. However, others occur because signs and symptoms were missed prenatally or the delivery staff failed to respond promptly to signs of a difficult delivery. No parent can know with certainty whether a birth injury was preventable without qualified legal assistance.

An experienced medical malpractice lawyer in Indianapolis can review your situation. The Law Office of Kelley J. Johnson’s birth injury lawyer has over 20 years of experience. She can help provide your family with the clarity you need during this challenging time. Call us today for a free consultation with a member of our legal team.

Key Takeaways:

• Birth injuries can result in complications and harm for the infant and mother.
• Many birth injuries are the result of medical negligence.
• Birth injuries can be expensive to treat, but families can seek financial compensation through a birth injury claim.
• Indiana birth injury cases require extensive knowledge of medical malpractice laws and an understanding of the Indiana medical review panel process.
• With over 20 years of litigation experience, Kelley J. Johnson has the dedication and skill to hold doctors and hospitals accountable for preventable birth injuries.

Attorney Kelley J. Johnson’s Experience in Handling Birth Injury Cases

Kelly J. Johnson has significant experience handling various types of birth injury cases, including:

• Fetal distress and failure to monitor fetal heart rate resulting in a stillbirth
• Failure to timely diagnose hip dysplasia in a toddler for two years after birth, resulting in surgery and future complications and surgeries
• Cerebral palsy cases, dealing with oxygen deprivation injuries and lifetime care planning
• Erb’s palsy/Brachial plexus injuries, which require a specialized knowledge of nerve damage and recovery potential
• Hospital procedures and standard of care violations
• Birth trauma, child injury, and medical negligence cases

Why Choose Our Indianapolis Birth Injury Law Practice

In addition to Kelley J. Johnson’s unique experience in medical malpractice cases, some of the other characteristics that set the Law Office of Kelley J. Johnson apart are our:

Knowledge and Experience of the Indiana Medical Review Panel Process

Indiana medical malpractice cases must go through a medical review panel before litigation. Ms. Johnson has navigated over 100 panel reviews. Her extensive knowledge of state medical review panels gives her a distinct advantage when navigating this unique process.

Proven Results

Our Indianapolis medical malpractice firm leads in birth injury law. We have a strong track record of success, having recovered millions of dollars in compensation for our clients.

Extensive Trial Experience

At her core, Attorney Johnson is an experienced trial lawyer. She has successfully handled many bench trials and jury trials. She has also successfully litigated insurance coverage disputes involving wrongful denial of payment and insurance bad faith claims.

She has tried cases in the Indiana Court of Appeals and the Indiana Supreme Court. She has also written briefs in the United States Court of Appeals for the Seventh Circuit.

“During the bench trial, Kelley showcased her expertise and professionalism. The team’s proficiency was evident in every phase of the process, demonstrating their extensive experience. They adeptly navigated settlement negotiations and effectively represented us during the trial.”
— Jonathan P.

Hospital System Experience

Attorney Johnson has extensive experience going against major Indianapolis medical centers and identifying systemic issues that contribute to patient injuries. She has a deep knowledge of hospital procedures and birthing protocols.

Robust Legal Reputation

Our Indianapolis medical malpractice lawyer has earned several prestigious awards and accolades throughout her legal career. To name a few:

• Top 25 Women Attorneys by Indiana Super Lawyers (2025, 2024, 2017)
• Top 50 Attorneys by Indiana Supre Lawyers in 2025
• Best Lawyers 2018-2025
• Best Lawyers 2020-2025 in the areas of Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs
• Super Lawyers Rising Stars (2012-2015, 2010)
• Indiana Super Lawyer (2017-2025)

Medical Expert Network

Our Indianapolis law practice has strong relationships with leading ob/gyns, neonatologists, maternal fetal medicine specialists, and neuroradilogists. They can provide meaningful support and attest to the credibility of your legal claim in front of the medical review panel and at trial.

“I recently served as an expert witness for the Law Office of Kelley Johnson. She is very thorough & professional. It was clear to me that she has a deep commitment to the clients she represents. I would highly recommend her.”

— C Max Schmidt, MD

Dedication to the Practice of Law

Attorney Johnson stays up-to-date on changes in medical malpractice and personal injury laws. She is a member of the Indiana Trial Lawyers Association, the Indianapolis Bar Association, and the American Association for Justice.

Attorney Johnson not only cares about her own ability to capably handle cases for clients, but she also seeks to help other Indianapolis lawyers excel. Her current and former legal leadership positions include:

• Board Member of the Indiana Trial Lawyers Association
• Executive committee member for the IBA Women in Law Division and the steering committee for Bar Leader Series Class XVI
• Chair of the Bar Leader Series Class XV
• Participation in the IBA Bar Leader Series Class VI
• President of the Indianapolis Bar Foundation
• Board of directors for the Indianapolis Bar Association

Genuine Care for Our Clients

Every member of the team at our Indianapolis law practice cares about our clients. We serve as legal advocates, fighting zealously to uphold our clients’ rights. We provide personal attention throughout the entire legal process.

“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. They guided us through every step of the process, ensuring we were well-prepared at all times. Their responsiveness to our questions was commendable, and they consistently outperformed opposing counsel with their preparedness.”

Johnathan 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 Commitment to Indianapolis Families Dealing with Birth Injuries

At the Law Office of Kelley J. Johnson, we recognize that birth injuries profoundly impact the entire family. Our role extends beyond legal representation by helping you:

• Connect with appropriate medical specialists and medical experts
• Plan for long-term care needs
• Access support resources and advocacy groups

What Is a Birth Injury?

A birth injury is considered any type of physical harm that impacts an infant during the birthing process or near the time of birth. Birth injuries can have a wide range of side effects and complications. Some birth injuries are extremely serious and can cause permanent disabilities that will impact a child either physically or mentally for the rest of their life.

Birth injuries are often caused by medical malpractice during pregnancy, labor, or delivery. Our Indianapolis medical malpractice practice focuses specifically on the following types of birth injury cases:

• Failure to monitor fetal distress, leading to cerebral palsy and brain injuries
• Delayed C-section decisions, resulting in oxygen deprivation
• Improper use of forceps or vacuum extractors, causing nerve damage
• Failure to diagnose maternal conditions like preeclampsia

In many situations, birth injuries are preventable. Medical professionals must be diligent about the care a mother and the unborn child receive immediately before and during the birthing process to avoid birth injuries. This includes careful monitoring of the labor process and responding promptly to changes or problems during labor and delivery.

If you suspect that your child was injured due to medical negligence, contact an experienced Indianapolis medical malpractice attorney today.

Our Birth Injury Case Approach

• Standard of care analysis by board-certified medical experts
• Hospital record review identifying critical decision points
• Expert witness testimony from practicing physicians
• Insurance negotiation with major medical malpractice carriers

Causes of Birth Injuries

There are many different causes of birth injuries. The primary cause of these types of injuries is medical negligence and a failure to provide an acceptable standard of care to patients. Some common examples of medical negligence occur when a healthcare provider:

• Fails to diagnose a potential complication
• Incorrectly uses medical equipment, such as forceps or vacuum extractors
• Fails to order a cesarean section in a timely manner

Some other common causes of birth injuries caused by medical malpractice include:

• Oxygen deprivation or asphyxia
• Medication errors
• Administration of defective drugs or improper doses
• Failure to detect the umbilical cord wrapped around the baby’s neck
• Failure to monitor vital signs during pregnancy, labor, or delivery
• Failure to diagnose or treat infections or placental abruption
• Failure to identify or treat high-risk deliveries
• Failure to monitor the fetus’ condition
• Failure to perform sufficient prenatal testing
• Failure to follow proper delivery procedures
• Undiagnosed or untreated infection before delivery
• Failure to diagnose maternal medical conditions, such as preeclampsia and gestational diabetes
• Failure to respond to signs of fetal distress

Conditions Caused by Birth Injuries

Birth injuries can result in complicated and lifelong medical consequences for the infant. Serious medical conditions caused by birth injuries impact the child’s life expectancy and the quality of the child’s life. Additionally, these conditions also significantly impact the lives of family members and siblings.

Besides the physical and emotional toll that these medical conditions can take on the infant and their families, many families are forced to endure a lifetime of serious financial consequences as well.

For example, a person with cerebral palsy can expect to pay an average of $921,000 in related costs over their lifetime, according to medical research. For many people, continued care and medical costs associated with treating birth injury conditions can become astronomical.

Some of the conditions that can result from serious birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Traumatic brain injury
• Hypoxic-ischemic encephalopathy
• Infant cephalohematoma
• Jaundice
• Kernicterus
• Intraventricular hemorrhage
• Hydrocephalus
• Meningitis
• Group B Strep Infection

Medical Malpractice Involving Birth Injuries

Medical malpractice occurs when a doctor, delivery team, or birthing center fails to deliver the recognized standard of medical care and causes an injury.

The facts involving birth injuries vary greatly. With any delivery, a doctor who is carefully monitoring a mother and baby should anticipate certain complications and act quickly to avoid childbirth injuries. When they fail to do so, catastrophic results can occur.

Understanding Settlement Values in Indiana Birth Injury Cases

If you’re looking for average birth injury settlements in Indiana, you will not find them. Birth injury settlement amounts in Indianapolis and Indiana can vary widely from one case to another due to specific factors, such as:

• Severity of injury: Birth injuries can range from minor temporary effects to lifelong disabilities.
• Medical expenses: Settlement values should consider both current treatment costs and projected lifetime care costs.
• Lost earning capacity: Some birth injuries can impact the child’s future income potential.
• Life expectancy: The age and projected lifespan of the injured child can affect settlement values.
• Damage caps: Indiana law limits how much compensation your family can recover in a medical malpractice lawsuit.

Maximizing Your Settlement Value

At the Law Office of Kelley J. Johnson, we focus on recovering maximum compensation for our clients by:

• Providing early legal intervention: This step helps us preserve critical medical evidence before it is lost or destroyed.
• Conducting life care planning: A professional assessment can help identify and anticipate future needs.
• Arranging for expert medical testimony: We rely upon our network of medical expert witnesses to help prove causation and the long-term impact of birth injuries.
• Leveraging our experience: As a birth injury lawyer with 20+ years of experience handling medical malpractice cases and dealing with insurance companies, we are seasoned negotiators who routinely secure favorable birth injury settlements in Indiana.

What Are the Most Common Birth Injuries?

Bone Fractures

When delivery becomes complicated or difficult, the doctor may use forceps or other birth-assisting tools to help get the baby out. Although these tools have been common practice in delivery rooms for years, it is not uncommon for mothers and their newborns to sustain an injury from their use. Newborns are most likely to suffer broken collarbones or similar injuries.

Bone fractures during delivery will generally heal on their own with proper treatment and care.

Brachial Plexus Injury (BPI)

According to Johns Hopkins Medicine, brachial plexus injury (BPI) refers to a series of conditions affecting the brachial plexus nerve network in the upper limb.

The majority of BPIs are caused as a result of trauma, such as shoulder dystocia, which can occur during the delivery process. If a baby’s shoulder becomes stuck or lodged on the mother’s pubic bone (shoulder dystocia), it may lead to the brachial plexus nerves being stretched, torn, compressed, or separated during delivery.

Damage to the brachial plexus can cause a loss of feeling or motion in the child’s neck, shoulder, arm, or hand. In some instances, this injury might lead to permanent paralysis.

Our Erb’s palsy lawyer’s approach to recovering full and fair compensation in these types of cases includes:

• Proving negligence: Our legal team helps show that excessive force was used during delivery that resulted in nerve damage.
• Establishing the extent of injuries: We work with leading orthopedic and neurological experts to understand which nerves were injured, which may result in permanent damage, and the full extent of the nerve damage.
• Negotiating fair compensation: We factor in physical therapy costs, potential surgeries, and lifelong limitations to arrive at a fair settlement value.

Caput Succedaneum

When too much pressure is applied to the top of a baby’s head during a difficult or long delivery, it may cause bruising, discoloration, swelling, or a lump on the scalp. This condition is known as Caput Succedaneum. Although it may cause temporary discomfort to the child, Caput Succedaneum is not generally life-threatening. However, in certain circumstances, it can lead to further health issues or complications.

Cephalohematoma

Cephalohematoma is a medical condition that can develop after a delivery in which birth-assisting tools were used or birth trauma was sustained. While not considered by doctors to be serious, this condition does involve damaged blood vessels and the pooling of blood between the inner layers of the baby’s skin and their skull. The child may also be at an increased risk of developing jaundice.

Cerebral Palsy

Cerebral Palsy is a chronic neurological disorder that may be caused by injury or damage to the developing brain. The disorder has been linked to a lack of oxygen to the brain during delivery. The damage significantly impairs motor function, control, coordination, tone, reflex, and mobility.

Cerebral Palsy is the most common motor disability in children. About three of every 1,000 children develop cerebral palsy, according to Johns Hopkins Medicine. Cerebral palsy is a life-long condition that currently has no cure.

Our law office has handled numerous cerebral palsy cases. We can provide legal representation for cerebral palsy cases in Indianapolis involving any of the following:

• Oxygen deprivation during delivery
• Delayed emergency C-sections
• Failure to monitor fetal distress
• Medication errors affecting oxygen supply

Our cerebral palsy attorney in Indianapolis leverages more than 20 years of experience, expert testimony, and medical record analysis to prove the connection between medical negligence and a CP diagnosis.

Facial Paralysis

Facial paralysis may occur during delivery because of trauma. The nerve damage sustained can be either temporary or permanent. Symptoms are generally seen when the baby cries.

Facial paralysis refers to an impaired ability or loss of control over facial muscles. In many cases, the child will regain mobility over time.

Intracranial or Subarachnoid Hemorrhage

An intracranial hemorrhage is a life-threatening condition caused by bleeding inside the skull. This type of hemorrhage is commonly broken down into two categories: the subarachnoid hemorrhage, which involves bleeding between the brain and the tissue covering it, and the intracerebral hemorrhage, caused by bleeding within the brain.

Hemorrhages can be caused when excessive pressure is applied or other injury is sustained before, during, or shortly after birth.

Perinatal Asphyxia

Babies who do not receive sufficient oxygen can develop Perinatal Asphyxia. This condition occurs when babies suffer from an oxygen deficiency in the blood or an insufficient blood flow to the fetus or newborn.

This condition can cause breathing difficulties, a pale complexion, seizures, shock, or coma. In some instances, it will resolve on its own. However, this birth injury can leave a child with permanent neurological damage.

Having appeared before Indiana medical review panels countless times, Kelley J. Johnson can help explain clearly how your infant’s injuries occurred.

Spinal Cord Injuries

Spinal cord injuries are one of the most severe birth injuries caused by traumatic damage to the spinal nerves, cord, or as a result of meningeal tears. Spinal cord injuries may arise in difficult or complex deliveries in which forceps or other birth-assisting tools were used.

Injuries to the spinal cord can cause temporary or permanent paralysis and significant neurological problems. Working with neonatal medical experts, we can help establish the full extent of your child’s injuries.

Common Birth Injuries Affecting Mothers

Medical professionals can still make mistakes despite their extensive education and access to the latest technologies. The following birth injuries can occur if doctors, nurses, or other healthcare professionals are negligent:

• Uterine rupture – This injury occurs when a mother’s uterus spontaneously tears, which can cause the fetus to slip into the peritoneal cavity.
• Prolapsed uterus – This condition involves pelvic floor muscles that weaken over time and allow the uterus to sag downward.
• Perineal tears – Tears to the skin and soft tissues surrounding the vaginal opening and anus during vaginal childbirth cause perineal tears.
• Hemorrhaging – This dangerous medical condition causes excessive bleeding that can happen after the birth of a baby. It can be fatal in some cases.
• C-section errors – Medical errors during Cesarean section deliveries, such as internal lacerations, improper wound closures, and fetal oxygen deprivation, can have devastating effects on both the mother and child.
• Abnormal uterine bleeding – A mother’s loss of two or more pints of blood that occurs within 24 hours of delivery is referred to as abnormal uterine bleeding.
• Preeclampsia/eclampsia – Preeclampsia, or sudden spikes in a pregnant mother’s blood pressure, can lead to eclampsia, which can result in seizures or coma.
• Infection – Infections occur when germs and bacteria enter the uterus during or after labor and delivery.

Legal Compensation for Birth Injuries in Indianapolis

Birth injury cases are often challenging. They may involve:

• Complex legal and medical issues
• A victim who cannot communicate about how their injury has affected them
• A battle of the experts

Almost always, expert witnesses are hired to explain what the healthcare provider did wrong and how their negligence caused the newborn’s injury.

A knowledgeable medical malpractice attorney can help you pursue compensation for the damages you and your family have sustained, including:

• Medical treatments, now and in the future, including the costs of surgery, rehabilitation, and medication
• Home-care services
• Modifications to the home or vehicle to accommodate the disability
• Additional health care expenses, including occupational therapy, special equipment, and counseling
• Lost wages
• Lost earning capacity
• Physical and mental pain and suffering
• Reduced quality of life

How to File a Birth Injury Lawsuit in Indianapolis

Filing a birth injury lawsuit in Indiana is a complicated process that involves several important steps to determine your eligibility. Before you can file a civil lawsuit for an Indiana birth injury, you must:

1. File a complaint and submit a filing fee on behalf of your child with the Indiana Department of Insurance.
2. Wait for the Indiana Department of Insurance to forward a copy of your complaint to each defendant named in the complaint and their insurance providers.
3. Request the formation of a medical review panel consisting of three physicians.
4. Wait for the members of the medical review panel to evaluate medical charts, X-rays, fetal heart monitor strips, diagnostic tests, and statements from everyone involved in the lawsuit.
5. Review the report from the physicians of the medical review panel, who have 180 days to provide an opinion about whether any defendants committed medical malpractice.
6. Decide whether you wish to pursue a medical malpractice lawsuit in court based on the review panel’s findings.

Hiring an Indianapolis Birth Injury Attorney

A dedicated and experienced birth injury attorney in Indiana can help your case by:

• Conducting an independent investigation into the causes and effects of the birth injury
• Interviewing witnesses and securing valuable witness statements
• Consulting with medical experts and collecting medical evidence
• Communicating with hospitals, medical providers, and insurance companies on your behalf
• Estimating a fair settlement offer that accounts for all past and future expenses related to the birth injury

Contact Our Indianapolis Birth Injury Lawyer

The Indianapolis birth injury attorney at the Law Office of Kelley J. Johnson helps families who suspect that their infant has suffered a preventable birth injury. We recognize that a birth injury takes an emotional and financial toll on families and may require ongoing medical treatment. Our Indianapolis birth injury lawyer can help ease the financial burden by pursuing maximum compensation against the negligent healthcare providers.

We work with licensed doctors and medical professionals to evaluate your medical records and make a determination as to whether a preventable medical error occurred. It’s a service we provide without charge. Families need to have reliable information about what happened so they can move forward.

With over 20 years of litigation experience, Kelley J. Johnson has the dedication and skill to hold doctors and hospitals accountable after they have harmed families as a result of substandard prenatal or delivery room care. We seek the compensation you need to help pay for your baby’s ongoing expenses.

If your infant has been diagnosed with a birth injury and you believe a preventable medical error may be to blame, the compassionate birth injury lawyer at the Law Office of Kelley J. Johnson stands ready to assist you. Contact our experienced medical malpractice attorney in Indianapolis today by calling or filling out our online form. Our legal team can review your case free of charge.