{{ }}
Go to main navigation
51 W 112th Ave | Crown PointIN, 46307
855.442.7211 219.769.2900
Birth Injuries


Birth Injury and Wrongful Death Lawyers in Merrillville, Gary and Crown Point

Knowledgeable lawyers handle cases of preventable harm to babies and mothers

Your baby's arrival should be an occasion for joy. But when something goes wrong with the delivery, causing harm to the baby or the mother, your blessed event turns tragic. Marshall P. Whalley & Associates, PC assists families suffering in the aftermath of a flawed delivery. For more than 30 years, our medical malpractice attorneys have helped injured parties seek full and fair compensation that covers their losses and anticipated future needs.

How do birth injuries occur during delivery?

Delivery is by no means an easy process, and even though medical science has made it safer, it has not eliminated every risk. That said, medical malpractice, such as a healthcare provider's lack of oversight, error in judgment, or faulty execution of a procedure, can seriously injure a baby or the mother. An obstetrician may fail to discern that a fetus is in a precarious position within the womb prior to delivery. A doctor's misuse of implements, such as forceps and vacuum extractors, can cause trauma. While no delivery is guaranteed as safe, common preventable injuries include:

  • Cerebral palsy — Asphyxia, hypoxia or trauma during delivery can inflict permanent damage to the area of the baby's brain that controls motor coordination.
  • Brachial plexus birth palsy (Erb's palsy) — During a difficult delivery, a baby may experience trauma in the neck region, damaging the brachial plexus, the group of nerves that controls the arms. The result can be a short-term loss of mobility or permanent disability.
  • Facial paralysis — When the baby passes through the birth canal, pressure from the mother or medical instruments can bruise or tear facial nerves. In severe cases, corrective surgery is necessary to prevent facial drooping.
  • Fractures — If the obstetrician mishandles a baby progressing through the birth canal, the infant can sustain a fracture, most commonly to the collarbone. In most cases, the injury heals quickly, but it is nevertheless painful for the newborn.

Compensation for harm to mothers during delivery

Mothers also risk painful and debilitating injuries during childbirth. Common injuries include:

  • Perineum tears — Severe tears can require surgical repair and may lead to fecal incontinence and sexual dysfunction.
  • Pelvic nerve damage — Consequences include urinary incontinence, loss of bowel function, pelvic organ prolapse, chronic pain and sexual dysfunction.
  • Hemorrhaging — Sudden blood loss can cause shock and even death. Hemorrhage puts a mother at risk of infection.
  • Asphyxia — Anesthesia errors can cause brain damage or wrongful death.

Contact our medical malpractice attorneys regarding birth injuries in Indiana, Illinois or Michigan

Severe birth injuries can permanently injure a mother or present a child with a lifetime of challenges and limitations. Marshall P. Whalley & Associates, PC is determined to help you obtain a damage award that meets your needs. To schedule a free consultation and case evaluation, call 219.769.2900 or contact our Crown Point office online.



  • This field is for validation purposes and should be left unchanged.