The birth of a child is a joyful moment. However, when something unexpected occurs and the newborn is found to be injured, parents can feel overwhelmed and confused. While some birth complications are accidental, others may be the result of medical negligence.

Fortunately, in Kentucky, you have a legal right to file a claim if you believe the harm was preventable. Making an effort to spot a birth injury, seek medical care and gather evidence can make this process more manageable.

Common types of birth injuries

A birth injury occurs during the labor or delivery process and can affect both the newborn and mother. These often arise from complications or medical mistakes, including:

• Scalp injuries
• Nerve damage
• Maternal injuries
• Bone fractures
• Brain injuries

Some birth injuries are minor and may resolve on their own with proper care. However, others are more serious and can lead to long-term development problems. Recognizing what these injuries look like is an important step in early detection and treatment.

Signs to look out for

While some injuries are detectable immediately after your child’s birth, others only become visible after some time has passed. You may want to watch for physical signs of injury or abnormal behaviors, including seizures, weak neonatal reflexes or breathing difficulties.

Your newborn’s medical records could provide helpful information as well, especially their Apgar test scores and pulse oximetry test results. If you find anything concerning, consulting a doctor for diagnosis right away is often the best course of action.

The findings might point to possible negligence or omissions by the medical staff during labor and delivery. Acting fast can help ensure that your baby’s injury can still be treated before the effects become hard to manage.

What to include in your claim

Once you get a positive diagnosis for a birth injury, you may want to pursue a legal case. In addition to the diagnostic results, a strong record typically includes:

• Medical reports: Prenatal care records, labor and birth logs and newborn charts
• Certificate of merit: Expert-reviewed document that certifies your legal claim is valid
• Financial assessments: Health care costs, rehabilitation bills and other expenses
• Specialist advice: Opinions from medical doctors, labor and delivery (L&D) nurses, life care planners and economic professionals

Compiling the needed paperwork is a crucial part of the process. Taking note of requirements and important deadlines, as well as seeking legal assistance, can help you gather the necessary evidence to support your case.

Protecting your child’s future health

As a new parent, you should not have to face the challenges of a birth injury alone. Learning about these complications and what your rights are can help you make informed decisions and take the next step toward your family’s well-being.