Welcoming a child into the world should be one of the happiest days of your life. Parents look forward to holding their newborn, feeling that incredible rush of love, and starting a new chapter with their little one. But sometimes, things don’t go as planned. When a birth injury occurs, be it to your child or the mother, it can leave you with heartbreak, confusion, and more questions than answers.
If you’re reading this, you’re likely processing a traumatic experience. Maybe your baby suffered a medical complication during delivery, or perhaps you’re unsure if a health care provider’s mistake caused these devastating circumstances. First, take a deep breath and know this is not your fault. Birth injuries can turn a joyous moment into one filled with anxiety. Understanding what happened and why is the first step toward finding clarity and peace of mind. Reach out to a dedicated Kentucky birth injury lawyer today.
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What Are Birth Injuries?
Birth injuries refer to any physical harm or trauma that happens to a newborn or mother during labor and delivery. While some injuries are mild and resolve on their own, others can lead to long-term medical challenges or even permanent disabilities. Although pregnancy and childbirth are physically demanding experiences, many injuries that occur during childbirth are preventable.
For your child, birth injuries can affect a number of areas, including the brain, nerves, bones, or muscles. Sometimes these injuries cause immediate symptoms, but in other cases, the full extent of the harm doesn’t become clear until much later, as your child grows and develops. For mothers, injuries during childbirth can lead to serious complications that may require extensive treatment or surgery to recover.
No matter what type of harm you or your child may have experienced, it’s critical to understand what caused these injuries. Was this simply an unavoidable outcome, or was a medical professional’s negligence at play? Knowing the answer to that question can help you move forward.
Types of Birth Injuries
Birth injuries can come in many forms, depending on the specific factors at play during delivery. Below are some common types of birth injuries that can affect infants:
- Cerebral palsy: Caused by damage to the child’s brain before or during delivery, cerebral palsy affects movement, muscle tone, and coordination. It can result in lifelong physical and developmental challenges.
- Brachial plexus injuries (including Erb’s palsy): These injuries occur when the baby’s neck or shoulder is stretched during delivery, damaging the nerves that control movement and sensation in the arms. This can cause weakness or paralysis in the affected arm.
- Fractures: Fast or forceful deliveries can cause broken bones, often in the collarbone or shoulders. While some fractures heal naturally, others may require medical intervention.
- Hypoxia (lack of oxygen): When a baby’s oxygen supply is disrupted during labor or delivery, it can cause brain damage. Hypoxia is a leading cause of conditions like cerebral palsy and developmental delays.
- Forceps or vacuum injuries: The improper use of delivery tools such as forceps or vacuum extractors can lead to bruising, fractures, or nerve damage in the baby’s head and neck.
Mothers may also experience serious complications during labor and delivery, including:
- Excessive bleeding or hemorrhage
- Torn uterine walls or damaged pelvic organs
- Severe vaginal or perineal tears
- Untreated infections
For both mother and child, birth injuries can leave lasting scars, both physical and emotional, which ripple far beyond the delivery room.
What Causes Birth Injuries?
Not all birth injuries are caused by natural complications. Many could be avoided with proper care, attention, and decision-making on the part of the medical team. Tragically, many families face preventable injuries due to carelessness, mistakes, or negligence by health care professionals.
Below are some of the most common preventable causes of birth injuries:
Failure to Monitor or Respond During Labor
Doctors and nurses are responsible for monitoring both the mother and child during labor. This includes checking heart rates, oxygen levels, and any signs of distress. When medical staff fail to notice or act on complications like a drop in oxygen or an altered fetal heart rate, the results can be catastrophic.
- Improper Use of Instruments
If delivery becomes challenging, medical professionals sometimes rely on tools such as forceps or vacuum extractors to assist. But when used incorrectly or with excessive force, these tools can cause harm to the baby’s delicate head, nerves, and body. - Delayed C-Section
Not all deliveries go as planned, and sometimes an emergency cesarean section (C-section) is necessary to minimize risks. If doctors delay the decision for too long, a baby could suffer preventable injuries, such as oxygen deprivation. - Medication Errors
Doctors often prescribe medications to assist with labor, such as Pitocin to induce contractions. However, these medications can pose risks if improperly administered or poorly monitored, leading to complications for both mother and baby. - Failure to Diagnose Health Risks
Certain conditions, such as gestational diabetes, preeclampsia, or breech positioning, put both mother and baby at greater risk during delivery. A doctor’s failure to identify or prepare for these challenges can lead to unnecessary trauma. - Staff Negligence or Fatigue
Birth injuries can sometimes result from inattentive or poorly trained medical staff making preventable errors. Overworked or distracted employees may fail to follow best practices, communicate effectively, or provide the level of care they’re expected to deliver.
If any of these factors were involved during your delivery, you may be wondering whether a lawsuit could be the right step for your family.
Do I Have Grounds to Sue for a Birth Injury?
To file a birth injury lawsuit in Kentucky, certain conditions must be met. Specifically, you’ll need to show that your child’s or your own injuries were caused by medical negligence. Medical negligence happens when a health care provider fails to provide care that meets the accepted standard in their field. This means they didn’t act as a reasonably skilled and careful doctor, nurse, or other medical professional would have acted under the same circumstances.
Take a moment to reflect on your experience. Were there warning signs or questions left unanswered? Was there a moment that felt rushed, mishandled, or ignored?
If you suspect medical negligence may have played a role in your child’s injury, it’s worth exploring your legal options. While birth injuries can sometimes be unavoidable, many cases stem from mistakes that could and should have been prevented.
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What Happens During a Birth Injury Lawsuit?
The idea of pursuing legal action might feel intimidating, especially if you’ve never been involved in a lawsuit before. That’s completely normal. It’s natural to worry about how much time it will take, how expensive it might be, and whether you’ll have the emotional energy to see it through. Rest assured, you don’t have to handle this by yourself.
- Connecting With an Experienced Attorney
The first step is to speak with a knowledgeable attorney with experience handling birth injury cases. They’ll take the time to listen to your story, ask questions, and help you understand whether you have a viable case. During this initial consultation, the attorney can also explain the legal process so you’ll know what to expect moving forward. - Conducting an Investigation
Your attorney will gather and review all relevant medical records, including prenatal care charts, labor and delivery notes, and any hospital documentation. They may also consult medical experts to analyze whether your providers followed proper protocols. A thorough investigation is key to building a strong case. - Filing a Complaint
If your attorney determines you have grounds for a lawsuit, the next step will be to file a complaint in civil court. This document outlines the details of your case, names the responsible parties, and explains how their negligence caused harm to you or your child. - Discovery and Negotiation
Once the lawsuit is filed, both sides will enter a phase called “discovery.” During this time, each side gathers more information by requesting documentation, interviewing witnesses, and consulting experts. Many cases are resolved during this phase through settlement negotiations. If the parties reach an agreement, your case may not even need to go to trial. - Taking the Case to Trial (If Necessary)
If a fair settlement cannot be reached, your case may proceed to trial. While this might sound intimidating, your attorney will guide you through every step, advocating for your family and presenting evidence to show why you deserve compensation for the harm you’ve suffered.
Throughout this process, your attorney will handle the legal details so you can focus on your child’s care. They will also fight to ensure you receive compensation for all the harm you’ve endured, including medical expenses, lost income, long-term care costs, pain and suffering, and more.
Why Pursue Justice for a Birth Injury?
Filing a lawsuit isn’t just about seeking financial compensation; it’s about securing the resources your family needs to move forward. Caring for a child with a birth-related injury often means navigating years of specialized therapies, expensive equipment, and medical interventions. A settlement or court award can help ease this financial burden so you can provide the best possible support for your child.
It’s also about accountability. When medical providers fail to uphold their standards of care, they should answer for the harm they cause. By pursuing a lawsuit, families shine a light on these mistakes, helping to prevent similar incidents in the future. Speaking up can make a difference—not just for your family, but for others who might face preventable harm.
Above all, holding the responsible parties accountable can offer a sense of closure. It may not erase the pain or restore what was lost, but it can help your family regain a sense of control and begin to heal.
How Long Do I Have to File a Birth Injury Lawsuit in Kentucky?
Every state has what’s called a “statute of limitations,” or a deadline for filing a lawsuit. Kentucky law generally requires medical malpractice claims to be filed within one year from the date the injury occurred or from when the injury was discovered. However, cases involving infants can sometimes have extended timelines, depending on the circumstances.
Because these deadlines are strict, it’s crucial to act quickly after a birth injury. If you wait too long, you may lose your chance to seek justice, no matter how strong your case is. Speaking with an attorney as soon as possible can ensure your case is filed on time.
Discuss Your Case with a Trusted Birth Injury Lawyer from Gray & White
At Gray & White, we understand the emotions you’re facing because we’ve helped countless families just like yours. For over two decades, our team of skilled Kentucky personal injury attorneys has stood beside parents in their fight for answers, justice, and support. With more than 50 years of combined experience, we’ve handled hundreds of cases involving catastrophic injuries, including birth trauma.
We’ve recovered over $1 billion for our clients, and we’re proud of the difference we’ve made in their lives. More importantly, we are committed to seeing the person behind every case. You and your child aren’t just numbers to us. You are a family facing extraordinary challenges, and we want to help you overcome them.
If you’re ready to explore your legal options, we’d be honored to speak with you. Contact us at (502) 210-8942 or through our online form for a no-obligation consultation where we’ll listen to your story, answer your questions, and discuss how we can help. You’re not alone in this, and you don’t have to face the path ahead by yourself.
Helping families is what we do, and we’re ready to stand by you every step of the way.