Birth injuries can have profound and lasting impacts on families, often requiring extensive medical care and support. In many cases, families can seek compensation through a medical malpractice lawsuit. If successful, this claim holds the medical team and hospital system financially accountable for the injury. In Kentucky, as in other states, there are specific legal deadlines or timelines, known as statutes of limitations, that set an expiration date on when families can file a claim for a birth injury.
What is the statute of limitations?
The statute of limitations is a law that sets how long a victim has to file a lawsuit after an accident. In some cases, these deadlines are relatively straightforward. Take a car accident that led to paralysis or a patient who had the wrong limb amputated during surgery. In both these examples the event that triggers the statute of limitations time period and extent of the injury is clear. In other cases, such as birth injuries, it is much more difficult.
Why are birth injury claims more difficult?
For two reasons. First, the parents may not fully understand what happened during the labor and delivery process. This can mean they are unaware that their child did not get sufficient oxygen or that a forced delivery caused injury. The second reason is the fact that the child may not show symptoms of the injury for months or even years after the event that caused the injury.
During labor and delivery, a variety of injuries can occur to the child, some of which may have long-term effects. One of the more serious conditions that can arise is cerebral palsy, a group of disorders affecting movement and muscle tone or posture. Cerebral palsy is often caused by damage to the immature brain as it develops. This can occur during the birthing process if there is a lack of oxygen (hypoxia) or trauma. Symptoms of cerebral palsy can vary widely but often include poor coordination, stiff or weak muscles, and tremors. Parents may begin noticing these symptoms as early as infancy, but they often become more apparent as the child misses developmental milestones, such as sitting up, crawling, or walking.
In addition to cerebral palsy, other birth injuries can manifest as the child grows. Brachial plexus injuries, for example, occur when the group of nerves that send signals from the spine to the shoulder, arm, and hand is damaged during delivery. This can happen if there is difficulty delivering the baby’s shoulder, known as shoulder dystocia. Symptoms may include weakness or paralysis in the affected arm, and parents might notice a lack of movement or an abnormal position of the arm shortly after birth.
Birth injuries can also cause seizure disorders if the brain is injured during the birthing process. Symptoms may not be immediately apparent, but can include staring, tremors, loss of consciousness, stiffening of the body, apparent confusion, breathing problems and head nodding.
What is Kentucky’s statute of limitations?
In Kentucky, the statute of limitations for filing a birth injury claim is generally one year from the date of the injury. As noted above, symptoms of a birth injury are often not immediately apparent. This can mean parents are not aware of the issue until well after the one-year deadline has passed. Thankfully, there are exceptions to this rule. If the injury is not evident after the birth, the parents may have a successful argument that the statute of limitations should start not at the birth of the child but the date they discovered the injury. Furthermore, Kentucky allows for the extension of the deadline when the victim is a minor.
What should I do if I believe my child suffered a birth injury?
Know that you likely still have options and can hold the responsible parties accountable for the injury. You can help to increase the odds of a successful claim by reviewing and organizing medical records, witness testimonies, personal notes, and other evidence you may have to support your claim.
Medical malpractice claims such as these also generally require expert testimony. An expert in the field will review your case and explain what went wrong, providing further evidence of medical negligence that led to the injury. Once the case is prepared, it is important to file the claim in the appropriate court to seek compensation for damages such as medical expenses, ongoing care, and pain and suffering. These legal proceedings will continue with negotiations and potentially a trial to help better ensure the best possible outcome for the child and family.
Although parents who discover their child suffered a birth injury can likely still file a claim to hold negligent medical practitioners accountable, it remains important to move forward in a timely manner. The longer you wait, the less reliable evidence may become. By acting promptly and seeking professional guidance, you can navigate the legal system effectively and work towards a resolution that addresses the needs of your family. Remember, the key to a successful claim is timely action and thorough preparation.