Exterior of the Office Building of Michael L. Hawkins & Associates, P.L.L.C.

Get The
Personal Attention
You Deserve

When to take legal action for birth injuries

It’s not uncommon for birth injuries to occur during the delivery process, and many of these injuries are preventable in Kentucky. If you think your child may have suffered one or multiple injuries due to medical negligence, you may need to take legal action.

Birth defects

To know whether you have a case, it’s important to consider that your baby may have a birth defect. A birth defect is a medical problem that’s often present before birth. Many birth defects are genetic, but some birth defects happen because of issues with the placenta or other complications during pregnancy. Therefore, medical staff cannot be responsible for birth defects.

Birth injuries and medical negligence

Birth injuries, on the other hand, often occur during the birth process. For instance, birth injuries can result from a lack of oxygen during labor, damage to the baby’s brain or spinal cord, and issues with infant positioning.

These injuries can result from a doctor’s or nurse’s lack of proper care. For example, if your child wasn’t properly monitored during labor and suffered severe brain damage because of a lack of oxygen flow, this is an example of malpractice. In this case, you may be eligible to file a medical malpractice lawsuit.

How can you prove a birth injury?

A doctor will have to diagnose your child’s birth injury and determine if it was a consequence of medical negligence. If so, you may be able to file a birth injury lawsuit in order to seek compensation for damages, such as medical bills or your child’s pain and suffering.

Unfortunately, not every birth injury is preventable. However, inaction on the part of medical staff may have serious consequences for your baby’s health and future quality of life. You may have a case if you believe that it was possible to prevent your child’s birth injury with timely medical attention.

If you’re concerned that your child may have birth injuries due to medical negligence, you are not alone. Depending on the nature of the injuries, it’s possible that you’re entitled to compensation for your medical costs and other losses.

FindLaw Network

We don’t have just clients; we’re developing relationships that become friendships

- Michael L. Hawkins