Medical negligence during labor or delivery can affect a child for life. In Kentucky, you have a narrow window to act, so knowing the red flags early may protect your right to seek compensation.

Red flags during labor and delivery

Some warning signs appear in the delivery room. You should note these events carefully if they occurred during your child’s birth:

• Fetal distress: A sudden or unexplained drop in the baby’s heart rate that medical staff failed to address.
• Delayed C-section: A provider who refused or postponed an emergency cesarean when the baby showed signs of oxygen deprivation.
• Improper instrument use: Forceps or vacuum extractors applied with excessive force or at the wrong time.

These situations do not automatically prove negligence, but they are worth documenting.

Signs in your newborn

Some injuries show up within hours or days of birth. Watch for breathing problems, seizures, an unusually low APGAR score or abnormal muscle tone. Floppiness (hypotonia) and extreme stiffness are both neurological red flags.

Conditions like cerebral palsy may not appear until months later. Delayed milestones such as trouble sitting up, poor eye contact or weakness on one side of the body can all point to birth trauma.

Kentucky’s filing deadlines

Under KRS § 413.140, you generally have one year from the date an injury occurred or was discovered to file a medical malpractice claim. The deadline for parents seeking reimbursement of their own costs follows the same one-year rule from the date of discovery.

The timeline differs for the child’s independent claim. The discovery rule may pause the deadline until one year after the child turns 18. These distinctions matter because missing a deadline can end your claim entirely.

What to do if you suspect a birth injury

If something felt wrong during your child’s birth, start by requesting copies of all labor and delivery records. Fetal heart monitor strips and physician notes can reveal whether providers responded to warning signs. An independent medical review may help confirm whether the standard of care was met.

An attorney can help you understand your options and whether the facts of your case support a claim.