Fishers Birth Injury Attorney
Fighting for Families When Medical Negligence Harms Your Child
When a preventable birth injury changes your family's life forever, Emerson Divorce and Accident Injury Attorneys holds hospitals and medical providers accountable. Our experienced Hamilton County attorneys have recovered millions for Indiana injury victims and provide direct, personal legal counsel — not a call center. Serving Fishers families from our local office on Lantern Road.
TL;DR — Do I Have a Fishers Birth Injury Case?
If your child suffered a preventable injury during pregnancy, labor, or delivery at a Fishers hospital — such as cerebral palsy, Erb's palsy, brain damage from oxygen deprivation, or broken bones from improper use of forceps or vacuum extraction — you may have a medical malpractice claim. Indiana law gives you two years to file, but children under six have until their eighth birthday (IC 34-18-7-1). Under Indiana's Medical Malpractice Act, you must first submit a proposed complaint to the Indiana Department of Insurance before filing a lawsuit. Emerson Divorce and Accident Injury Attorneys offers a free consultation to review your case — call (317) 969-8000 today.
Why Fishers Families Choose Emerson Divorce and Accident Injury Attorneys for Birth Injury Cases
Local Fishers Office on Lantern Road: Our Fishers office at 11650 Lantern Rd, Suite 261 means you never have to travel far for face-to-face meetings about your child's case.
45+ Years Combined Experience: JR Emerson and Jill Bracken-Emerson bring over four decades of combined legal experience, including significant medical malpractice trial work across Hamilton County.
Direct Attorney Access — Always: You speak directly with JR or Jill from your first call through resolution. No call centers, no intake coordinators, no runaround.
$1.5 Million Medical Malpractice Recovery: We recovered $1,500,000 for the children of a mother who died after a hospital failed to properly monitor vitals and respond to clear warning signs.
No Fee Unless We Win: Birth injury cases are handled on a contingency fee basis — you pay nothing unless we recover compensation for your family.
On This Page
Meet Your Fishers Birth Injury Attorneys
The birth of a child should be the most joyful moment in a family's life. When medical negligence during pregnancy, labor, or delivery causes preventable harm to your newborn, the devastation is beyond words. At Emerson Divorce and Accident Injury Attorneys, we understand the emotional and financial toll that birth injuries place on Fishers families — and we are here to help you fight back.
Jill Bracken-Emerson leads our personal injury practice with over 25 years of experience, including seven medical malpractice cases tried to verdict. She graduated cum laude from McKinney Law School in 1995 and has spent her career holding negligent healthcare providers accountable. JR Emerson brings additional trial experience and a commitment to personal client service that larger firms simply cannot match.
With offices in Fishers at 11650 Lantern Road, as well as Carmel and Zionsville, we serve families throughout Hamilton County who are dealing with the aftermath of birth injuries caused by medical negligence. Every case we take receives direct attorney attention from day one — because when your child's future is at stake, you deserve nothing less.
Where Fishers Birth Injury Cases Are Filed
Birth injury claims involving Fishers hospitals and medical providers are filed at the Hamilton County Superior Court in Noblesville, Indiana. However, Indiana's Medical Malpractice Act (IC 34-18) requires that all medical malpractice claims — including birth injuries — first be submitted as a proposed complaint to the Indiana Department of Insurance for review by a medical review panel before you can file a lawsuit in court.
This mandatory pre-suit process is unique to Indiana and is one of the reasons you need an attorney who understands the specific procedural requirements of birth injury cases in this state. The medical review panel consists of three healthcare providers and one attorney chairperson who evaluate the evidence and issue an opinion on whether the standard of care was met. While their opinion is not binding, it can be admitted as evidence at trial.
The Hamilton County Courthouse is located at 1 Hamilton County Square, Noblesville, IN 46060, approximately 15 minutes northeast of downtown Fishers via SR 37 North.
A Message from Your Fishers Birth Injury Attorneys
Before you scroll further, take a moment to hear directly from JR and Jill about how we approach every birth injury case.
No pressure, no obligation — just two attorneys who care about doing this the right way.
Why Choose Emerson Divorce and Accident Injury Attorneys for Your Birth Injury Case
Medical Malpractice Trial Experience
Jill Bracken-Emerson has tried seven medical malpractice cases to verdict — the kind of trial-tested experience that insurance companies and hospital defense attorneys respect and fear. This matters because birth injury cases often involve complex medical evidence and aggressive defense strategies.
Local Fishers Presence
Unlike firms based in downtown Indianapolis, we maintain an office right in Fishers at 11650 Lantern Road. We know the local hospitals, the doctors who practice here, and the Hamilton County court system where your case will be heard.
Direct Attorney Access — Every Time
Birth injury cases involve your child's future. You will speak directly with JR or Jill at every stage — not a paralegal, not a case manager, not an automated system. We return calls the same day and keep you informed throughout the entire process.
No Fee Unless We Recover for You
We handle all birth injury cases on a contingency fee basis. There is no upfront cost to hire us, no hourly billing, and no fee unless we recover compensation for your family. You can focus on your child's care — we handle the legal fight.
Why Fishers Birth Injury Cases Require Local Knowledge
Fishers is one of the fastest-growing cities in Indiana, with a population exceeding 100,000 residents. That rapid growth has brought expanded hospital facilities and an increasing number of births — but also increased risks when healthcare providers are stretched thin or fail to meet the standard of care.
Ascension St. Vincent Fishers Hospital & Birthing Center
Located at 13861 Olio Road, Ascension St. Vincent Fishers is the city's first and only faith-based hospital. Its Birthing Center provides OB-GYN care, 24/7 pediatric coverage, and maternal-fetal medicine specialists for high-risk pregnancies. While the hospital received the 2023 INspire Hospital of Distinction for Labor and Delivery from the Indiana Hospital Association, no facility is immune from medical errors. Failure to properly monitor fetal heart rate, delayed C-section decisions, or improper use of delivery instruments at this facility can lead to devastating birth injuries.
IU Health Fishers — Expanded Maternity Services
IU Health Fishers, located at 13000 East 136th Street, recently opened an expanded maternity tower with 12 Labor, Delivery, Recovery, and Postpartum (LDRP) rooms and a Level II NICU staffed by Riley Children's Health physicians. The expansion was designed to meet Fishers' rapidly growing population, but new facilities and growing patient volumes can create conditions where staffing shortages, communication breakdowns, or failure to follow established protocols lead to preventable birth injuries.
Fishers OB-GYN Practices & Prenatal Care Providers
Many Fishers families receive prenatal care from OB-GYN practices along the 116th Street medical corridor, the Southeastern Parkway area near Geist, and provider offices clustered around the Olio Road and 131st Street intersection. Prenatal care malpractice — such as failure to diagnose gestational diabetes, failure to identify high-risk pregnancy conditions, or failure to order appropriate genetic testing — can set the stage for birth complications that cause permanent harm to your child.
[ Image: Fishers hospital and medical district area — add at /images/fishers-hospital-olio-road.jpg ]
High-Risk Transfers to Indianapolis
When complications arise during delivery in Fishers, high-risk mothers and newborns are sometimes transferred to Ascension St. Vincent Women's Hospital or Riley Hospital for Children at IU Health in Indianapolis — both Level IV perinatal centers. Delays in recognizing the need for emergency transfer, miscommunication during handoffs between facilities, or failure to stabilize a mother or infant before transport can all cause or worsen birth injuries. An attorney who understands the relationships between Fishers birthing facilities and Indianapolis referral hospitals is essential to building a strong case.
Types of Birth Injuries We Handle in Fishers
Cerebral Palsy
Often caused by oxygen deprivation (hypoxia or asphyxia) during labor and delivery, cerebral palsy affects movement, muscle tone, and coordination. When a doctor fails to recognize fetal distress or delays an emergency C-section, the resulting brain injury can cause lifelong disability requiring extensive therapy, adaptive equipment, and ongoing medical care.
Erb's Palsy & Brachial Plexus Injuries
These nerve injuries typically occur when a baby's shoulders become stuck during delivery (shoulder dystocia) and the delivering physician uses excessive force to free the infant. The result can be partial or complete paralysis of one arm, requiring surgery and years of physical therapy.
Oxygen Deprivation & HIE
Hypoxic-ischemic encephalopathy (HIE) occurs when a newborn's brain does not receive enough oxygen and blood. It can happen due to umbilical cord compression, placental abruption, uterine rupture, or prolonged labor. Failure to perform timely cooling therapy after birth can also worsen outcomes.
Forceps & Vacuum Extraction Injuries
When delivery assistance tools are used improperly, they can cause skull fractures, cephalohematoma, intracranial hemorrhage, facial nerve damage, and other serious injuries. These instruments must be applied with proper technique — negligent use constitutes medical malpractice.
Maternal Birth Injuries
Birth injuries do not only affect infants. Mothers can suffer severe harm including hemorrhage from delayed C-sections, uterine rupture, infections from improper surgical technique, preeclampsia that goes undiagnosed, and anesthesia errors that cause permanent nerve damage or worse.
Wrongful Death During Childbirth
In the most tragic cases, medical negligence during delivery leads to the death of a newborn or mother. If your family has suffered such a devastating loss, our Fishers wrongful death attorneys can help you pursue justice and accountability from the responsible providers.
Our Step-by-Step Process for Fishers Birth Injury Cases
Birth injury claims involve Indiana's unique Medical Malpractice Act procedures. Here is how we guide your family through every stage:
Free Initial Consultation — We listen to your family's story, review your child's medical history, and provide an honest assessment of whether you have a viable birth injury claim. There is no cost and no obligation.
Medical Record Collection & Expert Review — We obtain all relevant prenatal, labor, delivery, and postnatal medical records from Fishers hospitals and providers. We work with independent medical experts who review the records to determine whether the standard of care was breached.
Indiana Department of Insurance — Proposed Complaint — Under Indiana's Medical Malpractice Act (IC 34-18), we file a proposed complaint with the Indiana Department of Insurance. This initiates the mandatory medical review panel process that must occur before a lawsuit can be filed in court.
Medical Review Panel Proceedings — A panel of three healthcare providers and one attorney chairperson reviews the evidence submitted by both sides and issues a written opinion on whether the provider met or breached the standard of care. We present your case aggressively to this panel.
Settlement Negotiations — Many birth injury cases settle after the medical review panel issues its opinion. We negotiate aggressively with the hospital's insurance company and defense attorneys, pushing for the maximum compensation available under Indiana's Medical Malpractice Act.
Filing a Lawsuit (If Necessary) — If the insurance company refuses to offer fair compensation, we file suit in Hamilton County Superior Court within 90 days of the panel's opinion and pursue your claim through litigation.
Discovery, Depositions & Trial Preparation — We take depositions of the involved doctors, nurses, and hospital staff, request internal documents, and work with life care planners and economists to quantify your child's lifetime needs.
Resolution — Settlement or Verdict — Whether by negotiated settlement or jury verdict, we fight for the maximum recovery to cover your child's medical care, therapy, adaptive equipment, lost future earnings, and pain and suffering.
Compensation Available in Fishers Birth Injury Cases
Birth injury cases often involve the most significant damages of any personal injury claim because the injuries frequently require a lifetime of medical care and support. Under Indiana law, your family may recover compensation for:
Economic Damages
Past and future medical expenses, hospitalization costs, surgeries, prescription medications, physical therapy, occupational therapy, speech therapy, adaptive equipment (wheelchairs, communication devices), home modifications, special education costs, lost future earning capacity, and the cost of lifetime in-home care or residential care if needed.
Non-Economic Damages
Pain and suffering experienced by your child, emotional anguish endured by the family, loss of enjoyment of life, loss of companionship, and diminished quality of life for both the child and parents.
Important: Indiana's Medical Malpractice Damages Cap
Indiana's Medical Malpractice Act (IC 34-18-14-3) caps total recoverable damages at $1,800,000 for claims accruing after July 1, 2019. The healthcare provider is responsible for the first $500,000, with the Indiana Patient's Compensation Fund covering up to $1,300,000 in additional damages. This cap applies to the combined total of all economic and non-economic damages. An experienced birth injury attorney can help you maximize your recovery within these limits and explore all available avenues of compensation.
Your Child's Future Is Worth Fighting For
Free consultation. No fee unless we win. Call us today or request a callback.
Common Causes of Preventable Birth Injuries
Birth injuries can result from a wide range of medical errors and negligent conduct during pregnancy, labor, and delivery. The most common causes we see in Fishers birth injury cases include:
Failure to Monitor Fetal Distress
Electronic fetal monitoring during labor provides critical information about the baby's heart rate and oxygen levels. When nurses or physicians fail to properly interpret fetal heart rate tracings — or ignore warning signs of distress such as late decelerations or bradycardia — the resulting delay in intervention can cause permanent brain damage.
Delayed or Improper C-Section Decisions
A timely cesarean section can prevent catastrophic injury when vaginal delivery becomes dangerous. Common errors include waiting too long to call for a C-section when fetal distress is evident, attempting forceps or vacuum delivery when surgical intervention is clearly indicated, or failing to have an operating room and surgical team ready for emergency situations.
Improper Use of Forceps or Vacuum Extractors
Delivery assistance instruments must be used with proper technique and appropriate force. Excessive traction, incorrect placement, or continued use when the instrument fails to achieve delivery can cause skull fractures, brain hemorrhage, nerve damage, and other serious injuries.
Prenatal Care Failures
Negligent prenatal care can set the stage for birth complications. This includes failure to diagnose gestational diabetes, undetected preeclampsia, missed ectopic pregnancies, inadequate genetic screening, failure to identify placenta previa, and failure to recognize that a baby is too large for safe vaginal delivery (macrosomia).
Medication Errors
Improper administration of Pitocin (oxytocin) to induce or augment labor can cause dangerously strong contractions that deprive the baby of oxygen. Other medication errors include improper dosing of anesthesia during C-section, failure to administer magnesium sulfate for preeclampsia, and administering drugs that are contraindicated during pregnancy.
Indiana Laws That Affect Your Birth Injury Claim
Birth injury cases in Indiana fall under the state's Medical Malpractice Act, which has unique procedural requirements and limitations that do not apply to other personal injury claims. Understanding these laws is critical to protecting your family's rights:
IC 34-18-7-1 — Statute of Limitations for Medical Malpractice
Medical malpractice claims must be filed within 2 years of the date of the alleged act, omission, or neglect. However, for children under six years of age at the time of the injury, the deadline is extended until the child's eighth birthday. This is especially important for birth injury cases where conditions like cerebral palsy may not be diagnosed until the child reaches developmental milestones.
IC 34-18-14-3 — Medical Malpractice Damages Cap
Total damages for medical malpractice claims accruing after July 1, 2019 are capped at $1,800,000. The healthcare provider is liable for the first $500,000, with the Patient's Compensation Fund (PCF) covering up to an additional $1,300,000. This cap applies to both economic and non-economic damages combined.
IC 34-18-8-4 — Mandatory Medical Review Panel
Before filing a medical malpractice lawsuit in Indiana court, you must first submit a proposed complaint to the Indiana Department of Insurance. A medical review panel — consisting of three healthcare providers and one attorney chairperson — reviews the evidence and issues an opinion. The panel's opinion can be admitted as evidence at trial. The statute of limitations is tolled while the review process is pending.
IC 34-51-2 — Comparative Fault
Indiana follows modified comparative fault. You can recover damages as long as your fault does not exceed 50%. In birth injury cases, defendants sometimes argue that the mother's prenatal behavior or decisions contributed to the injury — an experienced attorney can counter these defense strategies.
IC 34-18-18-1 — Attorney Fee Limitation
Attorney fees in Indiana medical malpractice cases are capped at 32% of the total recovery for claims subject to the post-July 2017 caps. This statutory limit ensures that the majority of any recovery goes to the injured child and their family.
Was Your Child Injured During Birth in Fishers?
Time limits apply to birth injury claims. Don't wait to learn your legal options.
What to Do If You Suspect a Birth Injury in Fishers
Immediate Steps
✓ Ensure your child receives all necessary medical care — their health comes first
✓ Request complete copies of all prenatal, labor, delivery, and NICU records
✓ Keep a written journal documenting your child's symptoms, appointments, and developmental milestones
✓ Do not sign any documents or releases from the hospital's legal department without speaking to an attorney first
✓ Contact a birth injury attorney as soon as possible — time limits apply under Indiana law
What to Document
✓ Names of all doctors, nurses, midwives, and staff involved in your prenatal care and delivery
✓ Any conversations where medical providers acknowledged errors or unexpected complications
✓ All medical bills, receipts, therapy costs, and expenses related to your child's care
✓ Photos or videos documenting your child's condition, physical limitations, or developmental delays
✓ Time missed from work and any other financial impacts on your family
Hamilton County Court Guide for Birth Injury Cases
Hamilton County Superior Court
1 Hamilton County Square, Noblesville, IN 46060
Phone: (317) 776-9629
Hamilton County has multiple Superior Court divisions that handle civil cases, including medical malpractice and birth injury claims.
Directions from Fishers
From downtown Fishers, take SR 37 North approximately 8 miles to the Noblesville courthouse square. The drive is approximately 15 minutes under normal traffic conditions.
Important Note: Medical Review Panel First
Remember that Indiana law requires birth injury claims to go through the Indiana Department of Insurance medical review panel process before you can file in Hamilton County court. Your attorney handles this entire procedure for you, including preparing the proposed complaint, submitting evidence to the panel, and filing the lawsuit once the panel process concludes.
How Long Does a Fishers Birth Injury Case Take?
Pre-Panel Settlement
12–18 Months
Cases that settle during or shortly after the medical review panel process
Panel + Negotiation
18–30 Months
Cases requiring extended medical review and post-panel negotiations
Litigation Required
2–4 Years
Complex cases requiring lawsuit filing, discovery, depositions, and expert testimony
Trial
3–5+ Years
Cases that proceed through trial, especially with appeals or multiple defendants
Proven Results for Indiana Injury Victims
$1,500,000
Medical Malpractice Wrongful Death
Children of deceased mother received $1,500,000 after hospital's medical malpractice killed their mother. We proved the hospital failed to properly monitor vitals and respond to clear warning signs.
$1,250,000
Fatal Truck Accident
Spouse of deceased wife received $1,250,000 after commercial truck ran stop light and killed her. We proved the trucking company's negligent hiring and training practices.
$300,000
Transport Van Accident
Disabled woman being transported received $300,000 after driver of transport van negligently wrecked the van severely injuring the woman.
$205,000
I-69 Multi-Vehicle Accident
Driver hit truck negligently stopped in traffic on I-69 causing several broken bones requiring multiple surgeries.
$180,000
Unlicensed Truck Driver
Unlicensed driver in large truck turned into victim's car causing multiple leg fractures requiring multiple surgeries.
$130,000
Carmel Bicycle Accident
Carmel bicycle rider struck by driver causing brain injury. We proved the driver failed to yield right-of-way.
Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.
What Our Clients Say
★★★★★
"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."
Shannon Poole — Feb 8, 2024
★★★★★
"I was fortunate to find Emerson law to represent me and handle my case. The team representing me Jill, Tom and Katie are true professionals. Something not seen in todays environment. I always felt part of that team and was always informed and given 100% attention to my situation. When it came time to settle I again was impressed. Jill is an incredible attorney and tactful. She is a lion, and it was on display, along with Tom a former prosecutor and a para, Katie. I definitely would recommend the Emerson Firm. Honestly and Integrity and they will fight for you."
Larry Hauglie — Apr 28, 2021
Related Personal Injury Services in Fishers
Frequently Asked Questions About Fishers Birth Injury Claims
How do I know if my child's birth injury was caused by medical negligence?
A birth injury may be caused by medical negligence if a healthcare provider failed to follow accepted medical standards during your pregnancy, labor, or delivery. Signs include failure to monitor fetal distress, delayed C-sections, improper use of forceps or vacuum extractors, and untreated maternal conditions like preeclampsia. An experienced Fishers birth injury attorney can review your medical records with independent medical experts to determine whether negligence occurred.
What is the statute of limitations for a birth injury lawsuit in Indiana?
Indiana's statute of limitations for medical malpractice claims, including birth injuries, is generally two years from the date of the alleged negligence (IC 34-18-7-1). However, for children under six years of age at the time of injury, the deadline is extended until the child's eighth birthday. Because some birth injuries like cerebral palsy may not be diagnosed for months or years, this extension provides critical protection for families in Fishers and throughout Indiana.
How much is a birth injury case worth in Indiana?
Indiana's Medical Malpractice Act (IC 34-18-14-3) caps total recoverable damages at $1,800,000 for claims accruing after July 1, 2019. The specific value of a birth injury case depends on factors including the severity of the injury, the cost of lifetime medical care, lost future earning capacity, and the impact on quality of life. Cases involving permanent conditions like cerebral palsy typically reach or approach the statutory cap.
What is a medical review panel in Indiana?
A medical review panel is a mandatory pre-suit process required by Indiana's Medical Malpractice Act (IC 34-18-8-4). Before filing a birth injury lawsuit in court, you must submit a proposed complaint to the Indiana Department of Insurance. A panel of three healthcare providers and one attorney chairperson reviews the evidence and issues an opinion on whether the standard of care was met. The panel's opinion is not binding but can be admitted as evidence at trial.
Can I sue a hospital for a birth injury in Indiana?
Yes, you can sue a hospital for a birth injury in Indiana if the hospital or its employees were negligent during your pregnancy, labor, or delivery. Indiana law holds hospitals liable for the actions of their employed physicians, nurses, and staff. In Fishers, birth injury claims may involve Ascension St. Vincent Fishers, IU Health Fishers, or other medical facilities and the individual providers who treated you.
What is the difference between a birth injury and a birth defect?
A birth injury occurs because of something that went wrong during labor and delivery, often caused by medical negligence. A birth defect typically develops earlier during pregnancy due to genetics, maternal health conditions, or environmental exposures. Birth injuries — such as brain damage from oxygen deprivation or nerve damage from excessive force during delivery — are often preventable and may give rise to a medical malpractice claim. Birth defects may also be actionable if a healthcare provider failed to diagnose or properly manage a known condition.
What causes cerebral palsy during birth?
Cerebral palsy is frequently caused by oxygen deprivation (hypoxia or birth asphyxia) during labor and delivery. Medical negligence that can lead to cerebral palsy includes failure to monitor fetal heart rate, delayed emergency C-section, improper management of umbilical cord complications, misuse of Pitocin causing excessive contractions, and failure to recognize and respond to signs of fetal distress. If your child was diagnosed with cerebral palsy after a difficult delivery in Fishers, contact a medical malpractice attorney to evaluate whether negligence was a factor.
How long do I have to file a birth injury claim for my child in Indiana?
For children under six years of age at the time of the birth injury, Indiana extends the filing deadline until the child's eighth birthday (IC 34-18-7-1). For adults (mothers injured during childbirth), the standard two-year statute of limitations applies from the date of injury. The statute of limitations is tolled during the mandatory medical review panel process, but you should contact an attorney as soon as possible to avoid missing these critical deadlines.
What are the signs of a birth injury in a newborn?
Signs of a birth injury in a newborn may include difficulty breathing or feeding, seizures within the first 24-48 hours, excessive fussiness or lethargy, abnormal muscle tone (too stiff or too floppy), limited or uneven movement in arms or legs, bruising or swelling on the head or face, arching of the back, and failure to meet developmental milestones. Some injuries like cerebral palsy may not become apparent until the child is several months or years old and begins missing motor skill milestones.
What is Indiana's comparative fault rule and how does it affect birth injury cases?
Indiana follows a modified comparative fault system (IC 34-51-2). You can recover compensation as long as your fault does not exceed 50%. In birth injury cases, hospital defense attorneys sometimes argue that the mother contributed to the injury through prenatal decisions or by not following medical advice. An experienced attorney can counter these defense strategies and protect your right to full recovery.
Does Indiana cap damages in birth injury cases?
Yes. Indiana's Medical Malpractice Act caps total damages at $1,800,000 for claims accruing after July 1, 2019. This cap covers both economic damages (medical bills, future care costs, lost earnings) and non-economic damages (pain and suffering) combined. The healthcare provider pays the first $500,000, with the Patient's Compensation Fund covering up to $1,300,000. Attorney fees are also capped at 32% of total recovery.
What is Erb's palsy and is it caused by medical malpractice?
Erb's palsy is a condition caused by damage to the brachial plexus nerves in the shoulder during delivery. It most commonly occurs when a baby's shoulders become lodged behind the mother's pubic bone (shoulder dystocia) and the physician uses excessive pulling force instead of performing proper maneuvers or an emergency C-section. When Erb's palsy results from improper delivery technique, it may constitute medical malpractice.
Can I file a birth injury claim if my child's condition wasn't diagnosed until years later?
Yes. Many birth injuries, particularly neurological conditions like cerebral palsy, are not diagnosed until a child misses developmental milestones months or years after birth. Indiana law accounts for this by extending the filing deadline for children under six until their eighth birthday. The discovery rule may also apply in some circumstances, starting the limitations clock from when the injury was or should have been discovered rather than when it occurred.
Where do I file a birth injury lawsuit in Hamilton County?
Birth injury lawsuits arising from care provided in Fishers are typically filed at the Hamilton County Superior Court in Noblesville, Indiana. However, you must first submit a proposed complaint to the Indiana Department of Insurance and complete the medical review panel process before filing in court. Your attorney handles this entire procedure on your behalf.
How much does it cost to hire a Fishers birth injury lawyer?
At Emerson Divorce and Accident Injury Attorneys, we handle all birth injury cases on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if we recover compensation for your family. Indiana law caps attorney fees in medical malpractice cases at 32% of the total recovery (IC 34-18-18-1). Your initial consultation is completely free — call (317) 969-8000 to discuss your case.
Do I need to go to court for my Fishers birth injury case?
Not necessarily. Many birth injury cases in Indiana are resolved through settlement negotiations, either during the medical review panel process or after a lawsuit is filed but before trial. However, if the hospital or insurance company refuses to offer fair compensation, we are fully prepared to take your case to trial at the Hamilton County Superior Court in Noblesville. Jill Bracken-Emerson has tried seven medical malpractice cases to verdict.
Serving Fishers Families in Every Neighborhood
Emerson Divorce and Accident Injury Attorneys represents birth injury clients from every Fishers community, including:
Sunblest Farms
Geist
Britton Ridge
Hawthorn Hills
Silverton
Geist Overlook
Brooks Chase
Cottingham Estates
Barrington Estates
Olio
New Britton
Holland Park
Lynnwood Hills
Anchorage
Hamilton Town Center
Windermere
Fishers District
Also Serving Nearby Communities: