INDIANAPOLIS 317-566-9600
KOKOMO 765-865-9300
BLOOMINGTON 812-566-2600



INDIANAPOLIS 317-566-9600
KOKOMO 765-865-9300
BLOOMINGTON 812-566-2600





How to File a Birth Injury Lawsuit

An intimate close-up of a mother holding her baby's tiny hand

When medical professionals are negligent during childbirth, they may cause birth injuries to both mother and child. Birth injuries can lead to a lifetime of medical complications. If you or your child has suffered from a birth injury, you have the right to file a medical malpractice lawsuit to hold negligent medical parties accountable.

In this blog post, we’ll outline the steps to filing a birth injury lawsuit and explain how a birth injury lawyer can help you get the compensation you deserve.

When to File a Birth Injury Lawsuit

Like other civil cases, birth injury lawsuits have a statute of limitations.

In Indiana, if the mother is injured, she must file a birth injury lawsuit within two years of the date the incident occurred. If the child passes away during birth, the mother has two years from the date of malpractice to file a suit.

If the child endures injury during birth, they have eight years from their date of birth to file a claim. Children have a longer statute of limitations because sometimes they may only know about or recognize the damage later. However, if your child was injured during birth, we recommend filing a suit as soon as possible because evidence disappears and memories fade over time.

Steps Before Filing a Lawsuit

If you or your baby has endured a birth injury, you and your birth injury lawyer must prove medical malpractice through:

  • Duty. Prove a legal obligation existed in the doctor/patient relationship to use the proper standard of medical care.
  • Breach. Prove the other party violated the proper standard of medical care.
  • Causation. Prove that the breach directly injured you or your child.
  • Damages. Prove that you or your child suffered measurable harm from the injury.

Before filing a birth injury lawsuit, it’s critical to:

  • Gather documentation. Collect all relevant documentation to build your case, including medical records, reports, documents, and more. Strive to collect enough information to help a lawyer understand your case.
  • Consult with a birth injury lawyer. An experienced attorney can help you understand your legal options, build your case, and hold the responsible parties accountable for their actions. Birth injury cases are complex, so finding an attorney who focuses on cases like yours is essential.

Steps to File a Birth Injury Lawsuit

After gathering documentation and consulting with a birth injury lawyer, you can begin filing a lawsuit.

To file a birth injury lawsuit, your birth injury lawyer will help you:

  • Evaluate your case. During or shortly after a consultation, your lawyer will evaluate your case and explain your legal options so you can make the best decision for your unique circumstances.
  • Gather evidence. Your lawyer will help you gather all possible evidence and build the strongest possible case.
  • File the suit. After gathering all the evidence, your lawyer will officially file a lawsuit.
  • Negotiate for a settlement. Your lawyer will negotiate with the parties responsible, including the hospital, insurance companies, and doctors or nurses present at the time of injury. If successful, your lawyer will negotiate a settlement award outside of trial.
  • Take your case to court, if necessary. If your lawyer cannot negotiate a settlement, they can take your case to court.
  • Appeal, if necessary. Your lawyer can appeal the verdict of your case if there is new evidence presented, misconduct during the trial, errors from the judge or counsel, or the evidence did not justify the verdict. To appeal your case, your lawyer will submit a request to nullify the ruling and order a new case.

Choosing the Right Birth Injury Lawyer

Birth injuries can cause long-lasting or permanent damage to you or your child. For this reason, it’s critical to select the right birth injury lawyer.

When choosing a birth injury lawyer, pay attention to:

  • Experience. Experienced lawyers know the ins and outs of the justice system and can help you get the outcome you deserve.
  • Focus. Look for lawyers who focus on birth injuries. An experienced birth injury lawyer understands all criteria and can help you build the best case based on your unique circumstances.
  • Empathy. Birth injuries are scary and painful, both emotionally and physically. Make sure your birth injury lawyer understands what you’re going through and exhibits appropriate compassion around sensitive topics.
  • Demonstrated success. Find a birth injury lawyer who has won cases like yours to maximize your chance of a fair outcome.

How We Help

With proper care and treatment, many infants and mothers recover from birth injuries and live healthy, happy lives.

If you or a loved one has experienced complications related to birth injuries, consult with an experienced birth injury law firm like Golitko & Daly. We can help you navigate the legal process, gather evidence, and fight for the compensation you deserve to hold the responsible parties accountable for their negligence.

To schedule a free consultation, call us at 317-566-9600 (Indianapolis), 765-865-9300 (Kokomo), or 812-566-2600 (Bloomington), or complete our online inquiry form to schedule an appointment* with one of our health professional attorneys to review your case. If you were harmed through medical treatments or neglect, we hope to hear from you. We have offices in Indianapolis, Kokomo, and Bloomington to serve you.

*Free consultation; no retainer fee. You don’t pay a fee until we obtain a settlement for you. All attorney fees are based on the amount of your recovery.