Lexington Birth Injury Lawyer

Birth injuries happen, and sometimes, the injury is out of anyone’s control. However, there are times when mistakes made by medical professionals cause a birth injury, and these are situations where parents and family members need to reach out to an attorney. Birth injuries caused by the actions of a trusted and trained medical provider are devastating, and families need compensation. Here, we want to review the most common types of birth injuries that occur, as well as some of the aspects of a claim you need to know about.

What Is a Birth Injury?

A birth injury refers to any harm a newborn sustains during the birthing process. While some injuries can occur naturally or due to unavoidable complications, others result from the negligence or error of medical professionals. These injuries can vary in severity and their impact on the person’s life, from minor conditions that heal quickly to lifelong disabilities. Speak to a Lexington medical malpractice attorney today for more information.

Birth injuries often happen during labor or delivery, but they can also occur before or after birth if medical professionals fail to properly monitor or treat the mother and baby. Some injuries, such as cerebral palsy or Erb’s palsy, may not become apparent until months or even years after the child is born.

Parents who suspect their child’s injury was caused by medical negligence should consult with a Lexington birth injury lawyer to explore their legal options and determine if they are entitled to compensation.

Why You Need a Lawyer for a Birth Injury Claim

Pursuing a birth injury lawsuit in civil court can be a complex process that requires a deep understanding of medical procedures, Kentucky state laws, and the legal system. A Lexington birth injury lawyer can help guide you through this process and ensure that your case is handled with care and expertise.

• Proving negligence. A birth injury attorney has the resources to investigate the incident and gather evidence that shows the medical provider’s negligence led to the injury. This includes obtaining medical records, consulting with medical experts, and reviewing hospital protocols.
• Navigating the legal process. Birth injury cases involve multiple steps, including filing paperwork, meeting legal deadlines, and negotiating with insurance companies. An attorney can handle these details so you can focus on your family.
• Maximizing compensation. Insurance companies often offer low settlements that don’t cover all of a victim’s losses. A lawyer will fight for fair compensation, including the long-term costs associated with your child’s care and future needs.

What You Have to Prove for a Birth Injury Claim

In Kentucky, birth injury claims fall under medical malpractice law, which means the burden of proof is on the plaintiff – the person bringing the claim. To successfully recover compensation, you must prove four key elements:

1. The existence of a doctor-patient relationship. You must show that a formal relationship existed between the medical provider and the patient. This is usually straightforward in birth injury cases, as the medical provider was responsible for the care of the mother and baby during labor and delivery.
2. The medical provider’s negligence. It is not enough to show that the child was injured during birth. You must demonstrate that the doctor or other medical professionals failed to meet the accepted standard of care. This means they acted in a way that a reasonably skilled and competent provider would not have under the same circumstances.
3. Causation. You must prove that the medical provider’s negligence directly caused the birth injury. This can be challenging, as medical providers and their defense teams may argue that the injury was the result of natural complications or unavoidable factors
4. Damages. Finally, you must show that the injury resulted in damages, such as medical bills, pain emotional distress, and the need for future medical assistance.

Damages in Kentucky Birth Injury Cases

Compensation for birth injuries is intended to cover both economic and non-economic damages. Economic damages refer to the quantifiable costs associated with the injury, while non-economic damages address the emotional and psychological impact.

• Medical expenses. This includes current and future medical treatments, surgeries, rehabilitation, and any necessary medical equipment.
• Ongoing care costs. Children with severe birth injuries may require long-term care, such as physical therapy, occupational therapy, or specialized education services.
• Lost wages. If parents are forced to take time off work to care for their child, they may be entitled to compensation for lost wages or loss of earning capacity.
• Pain and suffering. Birth injuries can cause significant physical and emotional pain for both the child and their family. Non-economic damages can compensate for the emotional distress and reduced quality of life resulting from the injury.
• Loss of enjoyment of life. In cases where the injury results in permanent disabilities, compensation may be awarded for the loss of the child’s ability to enjoy normal life experiences.

What Are the Most Common Birth Injuries?

While every birth injury case is unique, there are several injuries that commonly result from medical negligence. These include:

• Cerebral palsy. Often caused by oxygen deprivation during birth, cerebral palsy affects muscle control and motor skills. This condition can lead to lifelong physical and cognitive impairments.
• Erb’s palsy. This injury occurs when the baby’s shoulder is stretched or compressed during delivery, damaging the brachial plexus nerves. Erb’s palsy can result in weakness or paralysis of the arm.
• Hypoxic-ischemic encephalopathy (HIE). This condition results from a deprivation of oxygen and blood flow to the baby’s brain, leading to potential brain damage or developmental delays.
• Fractures. Sometimes, the baby’s collarbone or other bones can be fractured during delivery, particularly if the baby is large or in a breech position.
• Facial nerve injuries. If forceps or vacuum extractors are used improperly during delivery, they can cause damage to the facial nerves, leading to temporary or permanent paralysis.

These injuries can have a profound impact on a child’s development and quality of life, making it essential to seek compensation for the medical care and support your child will need.

Who Is Held Liable for Birth Injuries in Lexington?

Determining who is responsible for a birth injury is a critical aspect of your claim. In most cases, the attending physician is held accountable for errors or negligence during delivery. However, there may be other parties who share liability, including:

• Nurses or other healthcare staff. If the medical staff failed to monitor the mother and baby properly or did not follow protocols, they could be held responsible for the injury.
• The hospital or healthcare facility. If the hospital did not have adequate staff, proper equipment, or sufficient training, the facility could be held liable for the birth injury.
• Pharmaceutical companies. In rare cases, birth injuries may be caused by medications prescribed during pregnancy. If a drug was improperly labeled or dangerous for pregnant women, the manufacturer could be responsible.

A thorough investigation is needed to identify all responsible parties, which is why it is essential to work with an experienced Lexington birth injury lawyer.

Contact a Lexington Birth Injury Lawyer Today

If your child has suffered a birth injury due to medical negligence, you are not alone. The personal injury lawyers in Lexington at Gary C. Johnson, P.S.C. are here to help you navigate this challenging time. We understand the emotional and financial burden that comes with a birth injury, and we are committed to helping. Please reach out for a free consultation of your birth injury case by filling out our contact form or calling us at (800) 337-4002.