Indiana Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

When medical errors during childbirth cause harm, families have legal rights. Preventable birth injuries caused by medical negligence can require expensive and long-term treatment. Indiana birth injury lawyers help families file lawsuits to seek compensation for their child’s lifelong care. Find out if you can work with an experienced Indiana birth injury lawyer to seek justice and financial compensation.

Get a Free Case Review

Working With a Birth Injury Lawyer in Indiana

Indiana birth injury lawyers are personal injury attorneys who specialize in helping families affected by the harm caused by medical negligence during childbirth.

When obstetricians, midwives, nurses, and other health care providers make mistakes, babies can suffer severe and lasting harm. Many new families don’t yet understand that proper treatment may require a lifetime of expensive medications, multiple forms of therapy, adaptive equipment, and more.

A skilled Indiana birth injury attorney can help families seek financial compensation that can be used to provide top-quality care throughout their child’s life.

Our legal partners have helped families in Indiana and nationwide recover over $917 million for preventable birth injuries.

Our partner Indiana birth injury law firms can represent families in:

  • Anderson
  • Bloomington
  • Carmel
  • Danville
  • Elkhart
  • Evansville
  • Fishers
  • Fort Wayne
  • Gary
  • Hammond
  • Indianapolis
  • Lafayette
  • Muncie
  • Noblesville
  • Shelbyville
  • South Bend
  • Terre Haute
  • Other Indiana cities and towns

If you believe your child suffered a preventable birth injury, don’t wait. See if you can work with a top Indiana birth injury attorney with a free case review right now.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

About Medical Negligence in Birth Injury Cases

Medical providers are expected to uphold a standard of care at all times and keep mothers and babies safe during pregnancy, labor, and delivery.

This includes monitoring maternal health, providing proper prenatal care, and managing high-risk pregnancies.

When mistakes are made, babies can suffer catastrophic harm, which could be considered birth injury medical malpractice.

Examples of medical malpractice during childbirth include:

  • Applying excessive force to the baby’s head, neck, arm, or shoulders during delivery
  • Failing to detect and provide care for signs of fetal distress
  • Ignoring signs of oxygen deprivation (hypoxia)
  • Misusing delivery tools, such as forceps or vacuum extractors
  • Neglecting to perform a timely cesarean section (C-section) when medically necessary

If your baby was harmed, an experienced Indiana birth injury lawyer can help determine whether their injuries were caused by medical negligence.

Types of Cases Indiana Birth Injury Attorneys Handle

An Indiana birth injury attorney may take on various types of cases for families seeking financial compensation for medical malpractice.

Indiana birth injury attorneys handle cases such as:

If your child has suffered any of these injuries and you think the harm could have been prevented, you may be able to take legal action.

Call the Birth Injury Justice Center at (800) 914-1562 right now to find out if we can connect you with a top Indiana birth injury attorney.

Indiana Birth Injury Settlements and Verdicts

Most personal injury lawsuits are resolved through settlements, which means all parties involved agree to bring the legal process to an end in exchange for a specific compensation amount.

Birth injury settlements allow families to access much-needed compensation without stepping foot inside a courtroom. However, if a settlement agreement cannot be reached, the lawsuit may go to trial for a verdict by a judge or jury.

Due to the severe impact birth injuries can have on families, settlements and verdicts can mean life-changing amounts of money.

Here are recent Indiana birth injury lawsuit payouts:

  • $4.85 million for serious brain injury of a newborn during birth
  • $3.2 million for brain injury of an infant during labor and delivery
  • $2.1 million verdict for the brain injury of a baby
  • $1.7 million for wrongful death of a newborn due to negligent labor and delivery
  • $1 million for preventable cerebral palsy in a newborn

Each birth injury case is unique, and settlement agreements can vary depending on various factors, including the severity of the birth injury, the cost of medical bills, and much more.

If your child was harmed, a skilled Indiana birth injury attorney may be able to help you pursue a birth injury settlement or take your case to court if necessary.

Get a free consultation now to get started.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When to File a Birth Injury Lawsuit in Indiana

If you suspect your child’s birth injury was caused by medical malpractice, it’s essential to take action right away. Contacting an experienced Indiana birth injury lawyer is often the best first step to take.

Laws called statutes of limitations place a strict deadline on how long you have to take legal action. If you miss your deadline, you could be forever prevented from filing a lawsuit.

Therefore, even if your child hasn’t been formally diagnosed, contact an Indiana birth injury lawyer. They can investigate the cause of your child’s condition and whether you may have a valid claim.

State laws determine the statute of limitations, so it’s very important to get legal help to ensure you understand what rules apply to your case. Here is a general guide on the Indiana statute of limitations that may apply.

  • 2 Years

    IN Statute of Limitations for Birth Injuries

  • 2 Years

    IN Statute of Limitations for Infant Wrongful Death

Connect with an Indiana birth injury lawyer as soon as possible so you don’t miss your chance to file a lawsuit and obtain compensation.

Why Hire an Indiana Birth Injury Lawyer?

An Indiana birth injury lawyer can guide you through the state’s birth injury laws, handling all aspects of your case. This means you can concentrate on your child’s care and happiness.

Here are the most important ways an Indiana birth injury lawyer can help:

  1. Assessing your case: An experienced attorney can review your situation to determine if you have a valid lawsuit. Get started right now with a free case evaluation.
  2. Collecting evidence: Your lawyer will gather crucial evidence for your case, including medical records, bills, and witness statements.
  3. Filing your lawsuit: Armed with comprehensive evidence, your lawyer will file your lawsuit in accordance with Indiana law.
  4. Negotiating a settlement: Your attorney will handle negotiations with the responsible medical providers’ lawyers, aiming to get your family the highest possible compensation.
  5. Representing you in court: If a settlement isn’t reached, your Indiana birth injury lawyer will fight for your family in court.

You shouldn’t have to pay for the costly mistakes of the medical professionals you trusted with delivering your baby safely. Your family deserves fair compensation to help make sure your child gets the care they need.

What to Look For in an Indiana Birth Injury Lawyer

Choosing a lawyer while coping with the stress and pain of medical malpractice can feel overwhelming. Here are some guidelines to help you get started.

What to consider when looking for an Indiana birth injury lawyer:

  • Accessibility and dedication: Make sure they will give you the time, attention, and care for your case
  • Ample resources: They should have access to medical experts, investigative tools, and a strong support team
  • Client testimonials: Look for positive reviews from previous clients
  • Contingency fee arrangements: Ask if they charge upfront costs or hourly fees
  • Professional reputation: Find out if they are well-regarded in the community and respected by peers
  • Success record: They should have a history of winning large amounts of money for past clients

The Birth Injury Justice Center works with Indiana birth injury lawyers who have all of these qualities and more.

As of December 2023, our legal partners have helped recover over $917 million for those affected by birth injuries, including Indiana families.

Get Help From an Indiana Birth Injury Attorney

Medical professionals who are trained to deliver babies are responsible for ensuring that children are born healthy and unharmed. When doctors, midwives, nurses, or hospitals fail to uphold the standard of care and a child is injured as a result, it may be considered medical negligence.

The consequences of birth injuries are heartbreaking for so many families, and the unexpected financial burden that comes with treatment can be ongoing.

An Indiana birth injury lawyer may be able to help you access the financial compensation needed to provide quality care for your child so they can live their best possible life.

Find out if you can work with a top Indiana birth injury lawyer by calling the Birth Injury Justice Center at (800) 914-1562 or get a free case review right now.

Indiana Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Indiana?

In Indiana, you have two years to file a birth injury lawsuit. The clock will generally start running from either your child’s date of birth or when you first discovered they were injured. For wrongful death cases, the filing deadline is also two years.

If your child is under six, the lawsuit must be filed before they turn eight.

Statutes of limitations can be complicated to navigate, so it’s best to consult with an experienced Indiana birth injury lawyer to ensure your claim is properly and timely filed.

What is the average birth injury payout in Indiana?

Nationwide, the average birth injury payout is $1 million. However, birth injury settlements and verdicts vary depending on factors such as medical expenses and the type and severity of the child’s injury.

Working with an experienced Indiana birth injury lawyer is the best way to find out what your case may be worth. See if we can connect you right now with a free case review.

Can you sue a hospital in Indiana after a birth injury?

Yes, if you suspect medical negligence at a hospital led to your baby’s birth injury, you have the right to sue. An Indiana birth injury attorney will work with you to collect the evidence needed to build your case and file your lawsuit.

How do I know if my child’s birth injury was caused by medical negligence?

If your child shows signs of injury or disability right after birth, like limited movement of a limb indicating nerve damage, difficulty breathing or low oxygen levels requiring respiratory treatment, or weak reflexes, this could indicate a birth injury.

Sometimes, signs of birth trauma might not be apparent until later as your child grows. Delayed milestones like standing, walking, talking, or socializing can also point to a birth injury.

If you have concerns about a possible birth injury, it’s important to consult your child’s health care provider immediately. Additionally, consider contacting an Indiana birth injury attorney to discuss your legal options.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Dumpa, V., & Kamity, R. (2022, August 29).Birth trauma. StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2023 Jan-. Available from: Retrieved June 2, 2024, from
  2. General Assembly 2023 Session. (n.d.). IC 34-23-2-1 Injury or death of child; action by parent or guardian. Retrieved June 2, 2024, from
  3. General Assembly 2023 Session. (n.d.). IC 34-18-7 Chapter 7. Statute of limitations. Retrieved June 2, 2024, from
  4. Merk Manual. (2022, October). Birth injuries in newborns. Retrieved June 2, 2024, from
  5. Nationwide Children’s. (2023, August 1). Birth injury. Retrieved June 2, 2024, from
  6. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved June 2, 2024, from