Birth injury lawyer in Evansville, IN

Childbirth is one of nature’s most amazing and exciting occasions. But when a medical professional is careless or makes a mistake, that joyous time can create a lifetime of problems for a child and his or her family. Injuries caused by a doctor, nurse, or other healthcare provider can cause severe damage and disfigurement to a child, often leading to a lifetime of costly medical care.  When negligence occurs, you need to seek out help from Evansville’s birth injuries attorneys at Gerling Law.

Common Causes of Birth Injuries

Birth injuries can result from several events during pregnancy, labor, or delivery. Common examples of doctor mistakes causing birth trauma include the following:

  • Vacuum extraction of a large baby of a first-time mom;
  • Failure to recognize that a fetus is in distress during labor;
  • Failure to detect or mitigate umbilical cord complications, such as when the cord is wrapped around the baby’s neck in the birth canal; and
  • Failure to properly manage vaginal birth after C-section.

Because a newborn’s skull is not yet fused together, a baby who is pulled out of the mother’s birth canal by vacuum extraction may suffer an injured spinal cord or brain damage. A baby who was too big for his mother to deliver vaginally can suffer a spinal cord injury if the doctor resorts to stretching him while extracting him with a vacuum device.

Many factors can contribute to a child’s birth injury:

  • Negligence in prenatal care,
  • Preeclampsia,
  • Forceps delivery,
  • Vacuum extraction delivery,
  • Negligent fetal monitoring during labor,
  • Failure to detect fetal distress,
  • Delayed C-section,
  • C-section complications,
  • Cerebral palsy,
  • Placenta abruption,
  • Breech delivery complications,
  • Shoulder dystocia, and
  • Prescription drugs during pregnancy

If a medical provider whom you trusted made a mistake that caused a childbirth-related injury, the law provides an opportunity to be compensated for pain and suffering, current and future medical costs, and other issues related to your son or daughter’s loss of a normal life.

The birth injury attorneys at Gerling Law have experience with the complexity of medical issues.

We will ensure a thorough investigation of your case that draws upon the expertise of medical professionals to determine who is at fault and how the injuries could have been avoided. Our attorneys will also consider how the injuries will affect your child’s future quality of life and the cost of any additional care that will be needed to ensure that the compensation received is adequate and just.

Common Birth Injuries

There are various typical birth injuries that might occur. These can be due to medical negligence or other causes noted above. These can include:

  • Skull fractures—this is damage to a newborn’s skull that can have several causes;
  • Brain damage—this is an extremely serious injury caused by an inadequate amount of blood and oxygen being delivered to the brain;
  • Newborn jaundice—an infant can experience jaundice in the first couple of weeks after birth;
  • Kernicterus—this is a sort of brain damage that can cause infant jaundice;
  • Erb’s palsy—this condition means that there is nerve damage to the baby’s neck, which can cause paralysis of the arm;
  • Intrauterine fetal demise—this is another term for stillbirth, or a fetus that does not have any vital signs or movement; or
  • Spinal cord injuries—this is a typical injury that often results from medical negligence.

Consider reaching out to an Evansville birth injury lawyer if one of these injuries to your child has occurred. We can help you to recover compensation for birth injuries so that you can focus on your family’s emotional and physical recovery.

How Can I Prove a Birth Injury?

In a medical malpractice case, you must prove that your OB/GYN, doctor, or other healthcare professional was negligent. Proving a birth injury can be a challenging process, but an Evansville birth injury attorney can advocate for you.

To prove that your child suffered an injury due to negligence, you will have to show that four elements are present.


First, you must show that the OB/GYN, doctor, or other healthcare provider had a duty of care to you, the patient. This professional duty is present any time a doctor or medical professional provides a service to a patient. So if you are at the hospital, each healthcare worker has a duty to provide reasonable care to you.


You must also show that the healthcare professional breached their required standard of care. An example of this would be a doctor improperly using a vacuum device to deliver the baby.


Causation means that but for the other party breaching their standard of care, you or your child would not be suffering an injury or damages. For example, if the doctor had not improperly used the vacuum device, the child would not have an injury.


To prove damages, you must show that you or your child has a compensable injury or damages. An example of this is if your baby has a spinal cord injury. You may also have damages such as medical costs. 

These types of injuries can be devastating to both you and your family. We recognize that you may be wondering how you can move forward. If your child has suffered a birth injury, an Evansville birth injury attorney can assist you.

You must prove all the elements discussed above to show that there was negligence. An injury to your child alone is not enough to be able to recover compensation. But our experienced, compassionate birth injury lawyers are ready to fight for you and your child.

Get the Legal Help for Your Birth Injuries Case That You Deserve!

If your child has been seriously injured because of a problem in childbirth, talking to a personal injury law firm makes sense. Call Gerling Law today at 1-888-GERLING (888-437-5464) or complete the free case review form for a free, no-obligation initial consultation. You will be able to discuss your circumstances and situation with a knowledgeable Evansville birth injury lawyer.

We also handle clients with other types of injury cases, including:

Our firm has advocated for clients for over 50 years. Remember, Go with Experience. Go with Gerling.