Every year, thousands of families across the United States experience the devastating impact of birth injuries. According to research published in medical journals, approximately 29 out of every 1,000 infants born in the United States suffer some form of birth injury. Although many of these injuries are minor and resolve without long-term consequences, a significant number result in permanent disabilities that affect children and their families for a lifetime and roughly 2% will result in the wrongful death of a baby. These types of personal injuries to a baby range from temporary conditions such as minor fractures to severe and life-altering harm including brain damage, paralysis, and developmental disorders. Unfortunately, our experienced Lexington birth injury lawyers also know that these injuries are often not fairly compensated by defense lawyers and insurance adjusters without a strong legal advocates helping a family recover what they are entitled to under Kentucky law.
Here at the Maze Law Offices, our skilled and compassionate legal team knows when a birth injury occurs due to the negligence of a healthcare provider, families have the right to pursue compensation through a medical malpractice claim. Our Kentucky birth injury lawyers and medical malpractice attorneys can investigate the circumstances surrounding your child’s birth injury, consult with medical experts to determine whether the standard of care was breached, and fight to secure the compensation your family needs to provide for your child’s ongoing care and treatment. Schedule your free consultation with our personal injury law firm to learn more about your rights today.
A birth injury refers to any harm that an infant sustains during the labor and delivery process or shortly thereafter due to complications during the birthing process. Said differently, any injuries caused before, during or after the birth of a child could be considered a birth injury.
These injuries can occur as a result of physical trauma during delivery, oxygen deprivation, infections, or the failure of medical professionals to properly monitor and respond to signs of fetal distress. Birth injuries are distinct from birth defects, which are typically caused by genetic abnormalities or developmental issues that occur during pregnancy rather than during the birthing process itself. This means that birth injuries are not caused through natural and unavoidable consequences like an insurance adjuster will claim, but are rather due to the reckless or careless efforts of a healthcare provider.
The severity of birth injuries varies widely depending on the nature of the harm and how quickly medical professionals identify and address the problem. Some birth injuries, such as minor bruising or small bone fractures, heal completely within weeks or months with proper treatment. However, other injuries can result in permanent disabilities that require lifelong medical care, therapy, and support services. When medical negligence contributes to or causes a birth injury, the healthcare providers and facilities responsible may be held legally accountable for the catastrophic harm they caused by a Kentucky birth injury lawyer such as Chandler Maze, Esq.
Birth injuries encompass a wide range of conditions that can affect virtually any part of an infant’s body. Our personal injury law firm handles cases involving all types of birth injuries, from those caused by oxygen deprivation during labor to physical trauma resulting from improper delivery techniques. The following are among the most common and serious birth injuries that our birth injury lawyers in Lexington and throughout Kentucky has experience handling on behalf of injured children and their families.
Also known as CP, cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. This condition is often caused by brain damage that occurs before, during, or shortly after birth, and oxygen deprivation during labor and delivery is one of the leading preventable causes. The oxygen deprivation results in lesions on various parts of the brain. When those legions are in certain areas that dictate motor movement, such as the cerebellum, cerebral cortex, and/or basal ganglia, a baby’s movement may be impacted due to cerebral palsy. Thus, children with cerebral palsy may experience difficulties with motor function, coordination, balance, and in some cases, cognitive abilities.
There are four primary types of cerebral palsy:
The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the arm, controlling movement and sensation in the shoulder, arm, and hand. Brachial plexus injuries during birth typically occur when excessive force is applied to the baby’s head, neck, or shoulders during delivery, often in cases of shoulder dystocia where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. This can often be avoided by performing proper pre-delivery monitoring and assessments, but our birth injury lawyers in Kentucky knows that this does not always happen.
There are several types of brachial plexus injuries:
Kernicterus is a type of brain damage caused by severe, untreated jaundice in newborns. Jaundice occurs when bilirubin, a yellow pigment produced when red blood cells break down, builds up in the baby’s blood faster than the liver can process it. Although mild jaundice is common and usually harmless, severe jaundice can cause bilirubin to cross into the brain and damage brain cells. Kernicterus can result in cerebral palsy, hearing loss, vision problems, and intellectual disabilities. This condition is almost entirely preventable with proper monitoring and treatment of jaundice through phototherapy or blood transfusions when necessary, but our birth injury lawyers in Kentucky knows that kernicterus still causes preventable brain injuries to newborns at an alarming rate.
Hypoxic ischemic encephalopathy, commonly referred to as HIE, is a type of brain damage that occurs when an infant’s brain does not receive enough oxygen and blood flow around the time of birth. HIE can be caused by a variety of factors including umbilical cord problems, placental abruption, uterine rupture, prolonged labor, and delayed emergency cesarean sections. The effects of HIE range from mild developmental delays to severe cognitive and physical disabilities, depending on the extent and duration of oxygen deprivation.
Fractures during birth most commonly involve the clavicle or collarbone, though fractures of the humerus, femur, and skull can also occur. These injuries typically result from difficult deliveries, particularly when the baby is large, in a breech position, or when excessive force is used during delivery. Although many birth-related fractures heal well with proper treatment, improper handling or delayed diagnosis can lead to complications including improper bone healing, nerve damage, and chronic pain.
Lacerations can occur when surgical instruments such as scalpels are used during cesarean sections or when forceps or vacuum extractors are improperly applied during vaginal deliveries. Burns, though rare, can result from improperly used medical equipment including fetal scalp electrodes used for monitoring or warming devices in the nursery. Although many of these injuries heal without permanent consequences, severe lacerations or burns can result in scarring, disfigurement, and potential nerve damage – including to the face or neck, which could be painful, cause nerve injuries, or be unsightly to victims as they grow.
A newborns head and neck are frighteningly fragile. Spinal cord injuries during birth are relatively rare but can have catastrophic consequences including paralysis, loss of sensation, and impaired organ function. These injuries most commonly occur when excessive traction or rotation is applied to the baby’s head or neck during delivery. Breech deliveries and deliveries requiring forceps or vacuum assistance carry a higher risk of spinal cord injury. Depending on the location and severity of the injury, a child may experience partial or complete paralysis of the limbs and trunk.
In addition to oxygen deprivation injuries like HIE, brain injuries during birth can result from physical trauma. Intracranial hemorrhages, or bleeding within the skull, can occur when excessive pressure is placed on the baby’s head during delivery or when vacuum extractors or forceps are improperly used. Brain injuries can also result from falls during delivery, mishandling of the infant after birth, or failure to promptly treat conditions that increase intracranial pressure. The consequences of traumatic brain injuries can include seizures, developmental delays, cognitive impairments, and motor dysfunction. Whenever your newborn is diagnosed with a brain injury, call our birth injury lawyers in Kentucky for help.
Medication errors during labor and delivery can have serious consequences for both mothers and infants. Administering incorrect dosages of labor-inducing drugs like Pitocin can cause excessively strong contractions that deprive the baby of oxygen. Errors in administering anesthesia or other medications can also harm infants, particularly when drugs cross the placenta and affect the baby’s cardiovascular or respiratory function. Drug overdoses during birth can result in brain damage, organ failure, and other serious injuries, including if for just basic pain management medications and treatment.
Necrotizing enterocolitis, or NEC, is a serious intestinal condition that primarily affects premature infants. This condition occurs when bacteria invade the intestinal wall, causing inflammation and tissue death. NEC can lead to perforation of the intestine, sepsis, and wrongful death if not promptly diagnosed and treated. Although NEC has multiple risk factors, medical negligence can contribute to its development or worsen outcomes when healthcare providers fail to recognize warning signs, delay treatment, or provide inappropriate feeding protocols for at-risk infants. Said differently, NEC can become significantly worse where healthcare providers fail to monitor and check newborns for the potential signs that could be avoided – but aren’t due to medical malpractice.
Meningitis is an infection of the membranes surrounding the brain and spinal cord that can be caused by bacteria, viruses, or fungi. Newborns can contract meningitis through exposure to infections during delivery, particularly Group B streptococcus, or through hospital-acquired infections after birth. When healthcare providers fail to properly screen mothers for infections, administer prophylactic antibiotics when indicated, or recognize and promptly treat signs of infection in newborns, the resulting meningitis can cause permanent brain damage, hearing loss, and developmental disabilities that should all be reviewed by an experienced Lexington birth injury lawyer like Chandler Maze, Esq.
Not all birth injuries result from actions taken during delivery. In many cases, birth injuries occur because healthcare providers failed to diagnose and address conditions that endangered the baby. Failure to diagnose conditions such as fetal distress, umbilical cord compression, placental problems, or maternal infections can result in delayed interventions that could have prevented injury. Similarly, failure to diagnose genetic conditions or birth defects during pregnancy can deprive parents of the opportunity to make informed decisions about their care and delivery.
Our personal injury law firm also handles cases involving other birth injuries including facial nerve injuries causing facial paralysis, cephalohematoma and subgaleal hemorrhage from vacuum-assisted deliveries, perinatal stroke, and injuries resulting from delayed cesarean sections. Each birth injury case is unique, and our experienced birth injury lawyers in Lexington can evaluate the specific circumstances of your child’s birth to determine whether medical negligence played a role in their injury.
Families affected by birth injuries often face significant financial challenges as they work to provide their child with the care and support they need. A successful birth injury claim can help recover compensation for the many losses your family has suffered and will continue to suffer as a result of medical negligence. Generally, there are two types of damages that a court could award in a birth injury case in Kentucky.
Economic damages in birth injury cases compensate families for the tangible financial losses associated with their child’s injury. These damages typically include past and future medical expenses such as hospitalizations, surgeries, medications, therapy, and assistive devices. Economic damages also cover the cost of ongoing care needs including nursing care, home modifications, special education services, and adaptive equipment. When a birth injury prevents a child from eventually working and supporting themselves, families may also recover compensation for lost future earning capacity.
Non-economic damages address the intangible but equally significant harms that birth injuries cause. These damages compensate for the physical pain and suffering the child has endured and will continue to endure throughout their life. Non-economic damages also account for emotional distress, loss of enjoyment of life, and the diminished quality of life that results from living with a permanent disability. Although no amount of money can undo the harm caused by medical negligence, non-economic damages recognize the profound impact that birth injuries have on children and their families. This is why all birth injury cases should be handled by a skilled and experienced birth injury lawyer like Chandler Maze, Esq.
Determining whether medical malpractice caused a birth injury requires a thorough investigation of the medical records and expert analysis by qualified medical professionals. Generally, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury to the patient. Signs that malpractice may have occurred include delayed responses to fetal distress, improper use of delivery instruments, failure to perform a timely cesarean section, and medication errors. The best birth injury lawyers will review all the facts of your case and help determine whether you have grounds for a claim.
Birth injuries and birth defects are distinct conditions with different causes, but defense lawyers and insurance adjusters love to inflate the two so that they do not have to pay you the true and fair value of your case. Birth injuries occur during the labor and delivery process or shortly thereafter, often as a result of physical trauma, oxygen deprivation, or medical negligence. Birth defects, on the other hand, are abnormalities that develop during pregnancy due to genetic factors, environmental exposures, or unknown causes. Although some birth defects are unavoidable, others may be the result of medical negligence such as failure to diagnose genetic conditions or failure to warn about the risks of certain medications during pregnancy.
Most birth injury lawyers in Kentucky, including our personal injury law firm, handle these cases on a contingency fee basis. This means that you pay no upfront costs or hourly fees to hire an attorney. Instead, your attorney’s fee is a percentage of any settlement or verdict recovered in your case. If no recovery is obtained, you owe nothing for attorney’s fees. This arrangement ensures that families can access quality legal representation regardless of their financial situation.
If you believe your child suffered a birth injury due to medical negligence, the first step is to ensure your child receives appropriate medical care and treatment. Document everything you can remember about the labor and delivery, including any concerns you raised with medical staff and how they responded. Request copies of all medical records related to your pregnancy, labor, delivery, and your child’s treatment. Finally, consult with an experienced birth injury lawyer in Kentucky who can evaluate your case for free, advise you of your legal options, and help protect your family’s rights. Whatever you do, do not sign any settlement papers or accept any checks with an insurance adjuster first.
If your child suffered a birth injury that you believe was caused by medical negligence, your family deserves answers and justice. Our experienced Kentucky birth injury lawyers at Maze Law Offices understand the complex medical and legal issues involved in these cases, and we are committed to fighting for the compensation your family needs to provide your child with the best possible care and quality of life.
Contact our office today to schedule a confidential and free consultation to discuss your case with our experienced birth injury lawyers and Chandler Maze, Esq. We will review the circumstances of your child’s birth, explain your legal options, and help you understand the path forward. Time limits apply to birth injury claims, so do not delay in seeking the legal help your family needs. Call (859) 900-9000 or by sending us a message here through our “contact us” box available here to get started.
