The birth of a child is one of the most anticipated and joyous moments in a parent’s life. However, when the delivery process is marred by medical malpractice or negligence, it can result in devastating and lifelong consequences for both the child and the family. If your child has suffered a birth injury due to the negligence of a medical professional, you may be entitled to compensation for your child’s medical expenses, ongoing care, and pain and suffering.
At Gray and White Law, we have a team of experienced and compassionate Louisville birth injury lawyers who are dedicated to helping families navigate the legal system and obtain the justice and compensation they deserve. Contact us today for your free consultation.
What is a Birth Injury?
A birth injury refers to any injury or harm that occurs to a newborn baby during the labor and delivery process. Birth injuries can be caused by a variety of factors, including medical malpractice, negligence, or complications during childbirth. Some common types of birth injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, fractures, and brain damage. These injuries can have long-lasting and sometimes permanent effects on the child, such as developmental delays, physical disabilities, and cognitive impairments.
Common Examples of Birth Injuries
There are several common examples of birth injuries that can occur during the labor and delivery process, including:
- Cerebral palsy: This is a condition that affects muscle control and movement, and can be caused by oxygen deprivation during childbirth.
- Erb’s palsy: This is a type of brachial plexus injury that can occur when the baby’s shoulder gets stuck during delivery, causing nerve damage in the arm.
- Brain damage: This can occur due to oxygen deprivation, trauma during delivery, or the improper use of medical tools such as forceps or vacuum extractors.
- Fractures: Broken bones can occur during delivery if excessive force is used, or if the baby is in an awkward position.
- Facial paralysis: This can occur if the baby’s facial nerve is damaged during delivery, and can result in temporary or permanent paralysis of the face.
- Hypoxic-ischemic encephalopathy (HIE): This is a type of brain damage that can occur due to oxygen deprivation during childbirth.
Causes of Birth Injuries
Birth injuries can be caused by a variety of factors, including medical malpractice, negligence, or complications during childbirth. Some of the most common causes of birth injuries include:
- Delayed or improper response to fetal distress: If a medical professional fails to respond quickly and appropriately to signs of fetal distress, such as a change in the baby’s heart rate, it can result in oxygen deprivation and brain damage.
- Misuse of medical tools: Improper use of medical tools such as forceps or vacuum extractors can result in trauma to the baby’s head or body, leading to injuries such as brain damage or fractures.
- Failure to perform a timely C-section: If a medical professional fails to perform a C-section in a timely manner when necessary, it can result in oxygen deprivation and brain damage.
- Failure to properly monitor the mother and baby: If a medical professional fails to properly monitor the mother and baby during labor and delivery, it can result in complications and injuries.
- Inadequate prenatal care: If a mother does not receive adequate prenatal care, it can result in complications during childbirth that could have been prevented with proper medical attention.
Effects of Birth Injuries
Birth injuries can have significant and long-lasting effects on the child, as well as on their family. Some of the most common effects of birth injuries include:
- Physical disabilities: Depending on the type and severity of the injury, a child may experience physical disabilities such as paralysis, limited mobility, or fine motor skill impairments.
- Cognitive impairments: Birth injuries can cause cognitive impairments such as learning disabilities, developmental delays, and intellectual disabilities.
- Behavioral and emotional issues: Children who have suffered birth injuries may experience behavioral and emotional issues such as anxiety, depression, and difficulties with social interaction.
- Chronic medical conditions: Some birth injuries, such as cerebral palsy, can result in chronic medical conditions that require ongoing medical care and treatment.
- Financial burden: The cost of ongoing medical care and treatment for a child with a birth injury can be significant, and can place a financial burden on the child’s family.
Expert Testimony in Louisville Birth Injury Claims
Expert testimony is crucial in birth accident claims in Louisville and throughout the United States. Birth injuries can be complex, and proving liability in such cases requires a thorough understanding of the medical issues involved. Expert witnesses are typically medical professionals who have experience and specialized knowledge in the relevant areas of medicine and can provide testimony about the cause, extent, and long-term effects of a birth injury.
Expert testimony can help establish the standard of care that should have been provided in a particular case and whether that standard was breached. It can also help explain complex medical issues to a judge or jury in a way that is easily understood. Expert witnesses can provide testimony regarding the expected outcome of a particular birth injury, the treatment options available, and the long-term impact the injury may have on the child and their family.
In birth injury cases, expert testimony is often required to establish liability and prove damages. Without such testimony, it may be difficult to establish a causal link between the medical care provided and the injury suffered by the child.
Statute of Limitations for Louisville Birth Injury Claims
Statutes of limitations are laws that set a specific period of time within which a legal action must be filed. The purpose of a statute of limitations is to ensure that legal claims are brought forward in a timely manner when evidence is still fresh and available, and memories are still reliable. Once the statute of limitations for a particular case has expired, the plaintiff loses the legal right to pursue the claim in court.
The statute of limitations for filing a birth injury claim in Louisville is generally one year from the date of the injury. This means that if your child has suffered a birth injury in Louisville, you must file your claim within one year of the date of the injury, or the claim may be barred.
Contact Our Louisville Birth Injury Lawyer Today
If your child has suffered a birth injury, it’s important to seek legal advice from a qualified Louisville birth injury attorney who can help you understand your legal options and pursue the compensation your child deserves. At Gray and White, we are committed to helping families who have been affected by birth injuries. Our experienced and compassionate attorneys understand the challenges that families face in the wake of a birth injury, and we are dedicated to fighting for the rights of our clients and their children. Contact us today to schedule a consultation and learn more about how we can help you and your family during this difficult time.