Frequently Asked Questions About Birth Injuries

A birth injury can be a devastating experience for families. Understanding your rights and options is the first step toward seeking justice and securing the resources your child needs. Here are some frequently asked questions about birth injuries in Kentucky.

What is a birth injury?

A birth injury is any harm to a baby that occurs during labor and delivery. Birth injuries differ from birth defects, which develop before birth. A birth injury happens due to various factors, which include:

• Medical negligence: Improper techniques, delayed interventions, or failure to monitor the mother and baby properly can result in injury.
• Mechanical trauma: Forceps or vacuum extractors, if used incorrectly, may cause physical harm.
• Oxygen deprivation: Prolonged labor or umbilical cord issues can lead to a lack of oxygen in the baby’s brain.

Navigating a birth injury claim can be complex, but understanding the nuances can help you seek justice.

How can a birth injury attorney help in a lawsuit?

A birth injury attorney plays a crucial role in navigating the legal complexities of a lawsuit. They can assist you in various ways such as:

• Investigating the incident: Attorneys collect medical records, talk to witnesses and get advice from medical experts to find out what caused the injury.
• Establishing negligence: They must prove that the medical staff failed to provide an accepted standard of care and caused the injury.
• Negotiating with insurance companies: Attorneys work to secure a fair settlement that covers the child’s present and future needs.
• Representing you in court: If the case does not reach a settlement, they will advocate for your rights in court.

Having legal guidance ensures that the parents know the strengths of their claims.

Who can you sue in a birth injury claim?

Several parties may be liable in a birth injury claim. Identifying the at-fault party requires a thorough examination of the events surrounding the injury and here are the parties who might be involved:

• Obstetricians: If the doctor made errors during prenatal care, labor or delivery, they could face responsibility.
• Nurses: Not watching the mother and baby closely, giving them the wrong medication or not reacting to warning signs can cause legal responsibility.
• Hospitals: Hospitals may be liable for their employees’ negligence or for failing to maintain proper safety standards.
• Anesthesiologists: Errors in administering anesthesia during labor or delivery can cause harm to both mother and baby.

Kentucky law governs who victims can sue for medical negligence.

What damages can you sue for in a birth injury lawsuit?

Families can seek compensation for damages in a birth injury lawsuit. This can help reduce the financial burdens caused by the injury. Some examples include:

• Medical expenses: This includes past and future costs for treatment, therapy and rehabilitation.
• Lost income: Compensation for the parents’ lost wages due to caring for the injured child.
• Pain and suffering: Damages for the physical and emotional distress that the child and family went through.
• Special needs: Coverage for specialized equipment, home modifications and ongoing care are required due to the injury.

An experienced attorney can accurately assess and claim damages.

Are there special medical malpractice or birth injury laws in Kentucky?

Kentucky has specific laws that apply to medical malpractice and birth injury claims. Understanding the specifics can help the family seek justice. You should know:

• Statute of limitations: Kentucky law generally requires medical malpractice lawsuits to be filed within one year from the date of the injury. However, exceptions may apply in birth injury cases, especially when the injury is not apparent at first.
• Damage caps: Kentucky does not have caps on compensatory damages in medical malpractice cases, but there are limitations on punitive damages.

An attorney who knows the ins and outs of Kentucky laws can help you tackle this process.

What is a wrongful pregnancy lawsuit?

A wrongful pregnancy lawsuit arises when a pregnancy occurs due to negligence. It often follows a failed sterilization procedure. Here are some examples:

• Failed vasectomy or tubal ligation: If a doctor negligently performs a sterilization procedure, resulting in an unintended pregnancy, the victim may pursue a lawsuit.
• Defective contraceptives: If a contraceptive device fails due to a design or manufacturing defect, the manufacturer could face legal action.
• Failure to diagnose pregnancy: A doctor’s failure to diagnose a pregnancy, leading to a loss of the opportunity to terminate the pregnancy, may also lead to a claim.

Damages in wrongful pregnancy lawsuits are complex and vary by jurisdiction.

What is a hypoxic-ischemic birth injury?

Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by oxygen deprivation during birth. Several factors can cause this issue such as:

• Umbilical cord compression: Squeezing or blockage of the umbilical cord during labor could cut off the baby’s oxygen supply.
• Placental abruption: Early separation of the placenta from the uterus can reduce oxygen flow to the baby.
• Prolonged labor: A lengthy labor can increase the risk of oxygen deprivation if complications arise.
• Maternal health issues: Conditions like preeclampsia or gestational diabetes can affect oxygen supply to the baby.

Prompt intervention is crucial to minimize brain damage.

What is shoulder dystocia?

This is what happens when the baby’s shoulders get stuck behind the mother’s pelvic bone during delivery. This can result in a birth injury. Shoulder dystocia involves:

• Difficult delivery: It often requires specific maneuvers to free the baby’s shoulder.
• Brachial plexus injury: Nerves in the baby’s shoulder and arm can be damaged, leading to conditions like Erb’s palsy.
• Risk factors: Larger-than-average babies, gestational diabetes and prior instances of shoulder dystocia can increase the risk.

Quick and skillful management by the medical team is essential to avoid complications.

Can you sue if you get pregnant from a vasectomy?

Yes, you may be able to sue if you become pregnant after a vasectomy. These cases are often called “wrongful pregnancy” lawsuits. Here are some elements to consider:

• Negligence: If the vasectomy was performed negligently, resulting in a pregnancy, you may have grounds for a lawsuit. This requires showing the doctor failed to meet the standard of care.
• Damages: Compensation may cover medical expenses, lost wages and the costs of raising the child. The specifics of “wrongful pregnancy lawsuit payout” amounts vary.

These cases can be tricky, so consulting with an attorney is crucial.

Let Us Help You Find Answers

If your child has suffered a birth injury, it is important to seek legal guidance. At Gray Law, PLLC, we are committed to helping families in Kentucky navigate the complexities of birth injury claims.

Our experienced attorney can evaluate your case, explain your legal options and fight for the compensation your family needs to move forward. Reach out today at 502-205-7578 or through this online form for a free consultation. We are here to help you seek justice and secure the resources your child needs.