Handling Birth Injury Claims in Louisville & Throughout Kentucky
Our Lexington Medical Malpractice Lawyer Handles All Types of Birth Injury Claims
At Noakes Law Group, our Lexington birth injury lawyers are compassionate, experienced advocates for clients. Birth injuries can be devastating for families—and they are often caused by medical malpractice. Doctors, hospitals, and health providers must be held accountable for harm caused by negligence. If you have any questions about birth injury claims, we are here to help. Contact us today for a free, confidential
What is a Birth Injury?
The birth of a child is rewarding, life-changing, and also extremely stressful for a family. Unfortunately, there are cases in which infants are harmed during the birth. The National Institutes of Health (NIH) defines a birth injury as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” These injuries can result from complications during birth, such as prolonged labor or a difficult delivery. Injuries may be relatively minor or life-altering. Notably, some birth injuries are caused by medical malpractice.
Most Common Types of Birth Injuries
Not all birth injuries are the same. In fact, there are actually many different types of birth injuries. Our firm handles the full range of birth injury cases in Lexington. Some of the most common birth injuries include:
- Brachial Plexus Injuries These injuries occur when the group of nerves that supplies the arms and hands—the brachial plexus—is injured. It can happen when there is excessive pulling on the shoulders during a head-first delivery, or during a breech (feet-first) delivery. Examples include Erb’s Palsy and Klumpke’s Palsy.
- Cerebral Palsy: It is a neurological disorder that affects muscle coordination and body movement. Cerebral palsy is caused by brain damage that can occur before, during, or shortly after birth. Factors may include oxygen deprivation, traumatic delivery, or infections.
- Perinatal Asphyxia: This injury happens when the baby does not receive enough oxygen before, during, or immediately following birth. It can lead to various complications, such as neurological disorders, organ dysfunction, or in severe cases, death.
- Intracranial Hemorrhage: This injury involves bleeding under the cranium. Common types include subarachnoid, intraventricular, and subdural hemorrhage. These can result from a traumatic delivery, the use of vacuum extractors, or a natural but difficult labor.
- Fractures: The most common fractures during birth involve the clavicle or collarbone. Fractures can occur during difficult deliveries or breech deliveries. They are typically noticed when the infant shows discomfort during movement.
Know When a Birth Injury is Medical Malpractice
Complications during a birth do not always mean that medical malpractice occurred. The reality is that there are some circumstances in which doctors and other medical providers do everything right but issues still happen. However, there are also many other situations in which a birth injury could have been fully prevented with the proper care. In Kentucky, determining when a birth injury constitutes medical malpractice involves proving that a healthcare provider deviated from the standard of care and caused harm to the newborn. Some examples include:
- Rough handling of the mother or the infant;
- Improper use of birthing tools;
- Failure to monitor the baby’s vital signs; and
- Inadequate response to signs of fetal distress.
Any parent in Lexington who suspects that their infant was harmed as a consequence of medical malpractice should seek professional guidance and support as soon as possible. A Lexington, KY medical malpractice attorney will be able to review the case, investigate your infant’s injuries, and take the appropriate action to fight for justice and the maximum compensation.
Recovering Compensation Through a Birth Injury Claim in Kentucky
Did your child suffer a birth injury in Lexington? You may have a medical malpractice claim against the doctor, hospital, or other health care provider. It is imperative that your family is able to secure the absolute maximum financial support. Depending on the nature of your case, you may be able to recover compensation for:
- Emergency medical care;
- Other medical bills;
- Future medical needs;
- Diminished future earning power;
- Pain and suffering;
- Disability/disfigurement;
- Wrongful death of an infant; and
- Punitive damages.
HOW NOAKES LAW CAN HELP
Noakes can handle your birth injury case.
Birth injury claims can be exceptionally complex. It is normal to have a ton of questions about how the law and the claims process actually work. At Noakes Law Group, our firm has a proven record of reviews from clients and case results. We are proactive and we put your needs first. Along with other things, our Lexington birth injury lawyer will:
- Hear you story and answer questions about medical malpractice lawyer;
- Thoroughly investigate your birth injury claim, gathering evidence;
- Connect you and your family with the right medical expert witnesses; and
- Develop a comprehensive strategy to secure justice and the maximum compensation.
Birth Injury Claims in Kentucky: Frequently Asked Questions (FAQs)
What is the Statute of Limitations for a Birth Injury Claim in Kentucky?
Under Kentucky law (K.R.S. § 413.140), the statute of limitations for a birth injury medical malpractice lawsuit is generally one year. However, it does not start until the parents know or should have known about their child’s injuries.
Who Can Be Held Liable in a Birth Injury Lawsuit in Kentucky?
In a Kentucky birth injury lawsuit, at-fault parties can include the attending physician, the hospital or medical facility, and other medical staff involved in the delivery. Liability is determined based on who breached the standard of care during the birthing process.
Can Parents Recover Compensation for Their Emotional Distress?
Yes. In Kentucky, it is possible for parents to seek compensation for emotional distress caused by a birth injury to their child. These damages are non-economic. A Lexington, KY medical malpractice attorney who has experience with birth injury claims can help.
Contact Our Lexington, KY Birth Injury Lawyer Today
At Noakes Law Group, our Lexington birth injury attorney has the professional expertise that you can trust. If you or your partner/spouse suffered harm due to a birth injury, please do not hesitate to contact us today for a free, no obligation initial case review. Our firm handles birth injury claims in Lexington, Fayette County, and throughout the Commonwealth of Kentucky.
