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Can You Sue for Brachial Plexus Birth Injuries in Indiana?


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Delivering a baby can be a physically difficult and traumatic experience, both for mother and newborn. Most women choose to deliver their babies in hospitals, due to the availability of drugs, medical equipment, and emergency care should something go wrong. When a woman delivers in a hospital, she rightfully expects that the physicians and hospital staff assisting in the delivery do their jobs in a way as to not injure either the woman herself or her newborn.

A common type of injury is when a newborn suffers a brachial plexus injury, which can result in serious complications. Under Indiana law, medical professionals owe their patients a duty of care to protect them from avoidable injury and to conduct themselves with the standards expected of the profession. If you or a loved one has been injured in a delivery accident, you may be able to bring an action under Indiana’s medical malpractice statute. In order to determine whether you have a claim, you should consult with an experienced Indiana personal injury attorney as soon as possible.

There are many ways a newborn could be injured during delivery, ranging from natural complications such as a prolapsed umbilical cord to human error, such as the improper use of forceps. Of particular concern is when a newborn suffers a brachial plexus injury during the delivery process. The brachial plexus is a network of nerves that start near the neck and shoulder, and are responsible for the functioning of the upper limbs. When brachial plexus injuries occur during birth it can cause a number of complications, such as:

  • Partial paralysis
  • Erb’s palsy
  • Weakness in the arm
  • Numbness in the affected limb

There are many things that may cause a brachial plexus injury during labor. One common cause is when the baby becomes stuck during delivery and a medical professional applies too much pressure with forceps while trying to dislodge the baby. The injuries to the brachial plexus can range from minor injury that resolves on its own to more serious problems that may require invasive procedures to correct. In addition, these injuries may cause permanent disability that may reduce a person’s quality of life, ability to earn a living, require ongoing medical treatment, and additional medical expense.

One specific condition that is known to result in brachial plexus injury is that of shoulder dystocia, which occurs when a newborn’s shoulder becomes stuck below the mother’s pubic symphysis. This condition is considered an obstetric emergency, and often requires significant manipulation of the baby to correct. When a physician or other delivery professional applies too much force, a brachial plexus injury may occur.

If your child suffered a brachial plexus injury during delivery you may have grounds to recover through an Indiana medical malpractice lawsuit. In order to recover, you need to be able to show that the physician or other medical professional assisting in your delivery was negligent, and that negligence caused the injury. Because of the specialized medical issues that arise in such cases, it is important to retain the services of an Indianapolis personal injury attorney that is experienced in handling birth injury cases. You should never have an injury or lose a child due to medical negligence.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
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"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
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"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
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"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.

Your Legal Team

Your Legal Team

Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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