While some birth injuries are the result of legitimate complications, many are caused by the negligence and recklessness of the parties responsible for the delivery. In Kentucky, if a child is left with a severe birth injury as a result of medical negligence, the family of the injured child may file a lawsuit to collect compensation. This compensation can help to cover medical costs, rehabilitation, and your pain and suffering.
Birth injury lawsuits can help families recover damages for pain and suffering, permanent disfigurement, cost of past and future medical expenses, lost wages, rehabilitation costs, and punitive damages.
Did your child sustain a preventable birth injury? At Morgan & Morgan, our compassionate Louisville lawyers have the knowledge and experience to effectively litigate a birth injury claim and help recover the maximum reward for your family. To find out what a Louisville birth injury attorney may be able to do for you, fill out our free case evaluation form today.
Types of Birth Injuries
When a child is born, there are a number of precautionary steps the attending medical professionals and staff must take to ensure a safe and healthy delivery. When healthcare professionals fail to meet this standard of care, injuries which may have been avoidable can arise. Some of the most common types of preventable birth injuries handled by our medical malpractice attorneys are listed below.
- Cerebral Palsy;
- Facial Paralysis;
- Dejerine-Klumpke Palsy;
- Spinal Cord Damage;
- Brain Injury;
- Erb’s Palsy;
- Bone Fractures;
- Umbilical cord strangulation or injuries; and
- Internal Bleeding.
Causes of Birth Injuries
Birth injuries can be caused by deficient oxygen levels in the infant, medication errors (including improper or untimely administration of Pitocin), improper use of birthing tools such as forceps or vacuums, or failing to respond properly to bleeding, umbilical cord problems, fetal distress, and C-section necessities. Injuries from deficient oxygen levels (including Cerebral palsy) and other serious problems often involve a failure to adequately monitor the fetus.
The attending medical staff has a responsibility to monitor for early signs of oxygen deprivation and distress and is trained to respond in the event of complications. When fetal monitoring is done properly, it can prefigure a range of corrective actions, from simple adjustments that facilitate oxygen flow to emergency Cesarean sections. However, if a medical staff is negligent or slow to respond to the signs of fetal distress, a birth injury may result and the professionals held liable. Injuries from improper use of tools like forceps or vacuums arise when a doctor is too forceful with birthing tools. Often these utensils are employed when the infant’s shoulder becomes stuck on the mother’s pelvic bone, and there is a risk of oxygen deprivation.
While the aggressive use of birthing tools may not always constitute malpractice, if the child is seriously injured (including brachial plexus and shoulder dystocia injuries such as Erb’s Palsy) it may be prudent to speak with a knowledge birth injury attorney.
How Do I Know if My Child Was Injured Due to Medical Malpractice?
Because birth injuries can be caused by a number of different — and often unavoidable — factors, it is important to contact an attorney specialized in this area of law. At Morgan & Morgan, our birth injury lawyers can examine your medical records to examine diagnostic tests, electronic fetal monitor strips, use of birthing tools, labor, and delivery flow sheets, and additional notes on the pregnancy and delivery. Our attorneys will also work alongside medical experts when reviewing this information to determine whether medical malpractice partially, or completely, caused your child’s injury. If the expert believes that the doctor failed to meet the standard of care when delivering your child, a birth injury lawsuit may be viable.
Hiring a Birth Injury Attorney
Due to the complexity of birth injury lawsuits, it is important to hire a skilled attorney. At Morgan & Morgan’s offices, our attorneys have a history of success in representing those who’ve suffered birth injuries. While damages will vary between cases, our birth injury attorneys have recovered multi-million dollar verdicts and settlements. Our lawyers realize that raising a child with a birth injury can be expensive, and we seek to lessen your financial burdens by holding the negligent party accountable for their irresponsible behavior. The statute of limitations in some states only allow parents a specific window of time to take legal action, so do not wait to contact our birth injury lawyers today.
What Can I Recover in a Birth Injury Claim?
When a child suffers a severe birth injury as a result of medical negligence, the family may be entitled to monetary damages. Damages provide compensation for losses suffered as a result of the medical provider’s negligence. Damages can cover both monetary losses and intangible losses, such as a decreased quality of life. Compensation for the following may be available in a birth injury lawsuit:
- Past and future medical expenses;
- Additional healthcare costs (e.g., occupational therapy, counseling, in-home care, special vehicles or equipment, home modifications);
- Lost wages;
- Pain and suffering;
- Loss of society and companionship; and
- Loss of life’s enjoyment.
If your child was injured at birth because of your doctor’s negligence, you may be able to file a birth injury claim. To see what our Louisville birth injury attorneys may be able to do for you, fill out our free case evaluation form today.