Did something go wrong while you were giving birth? If so, you may question everything about the experience, feel traumatized, and worry about the future. You deserve answers and peace of mind — and possibly financial compensation. You deserve help from a skilled birth injury lawyer from Morgan, Collins, Yeast & Salyer.
It takes courage to speak up about such a painful experience. It takes courage to stand up to powerful doctors and insurance companies. Let us give you the Kentucky Courage you need during this frightening time. Contact us online or by phone for a free personalized consultation with an experienced birth injury lawyer.
We are available 24/7, and you will speak with a medical injury lawyer early in your case.
Causes of Birth Injuries
A birth injury can occur naturally or through the negligence of a medical provider during the pregnancy, labor, and delivery. When medical negligence leads to a birth injury, a newborn’s family could take legal action against the healthcare provider through a medical malpractice lawsuit.
Infants can suffer injuries affecting all areas of the body, some of which lead to permanent disabilities. But a birth injury is not limited to the child alone. Mothers are also at risk of serious and fatal injuries without proper monitoring.
Common causes of birth injuries include:
- Large birth weight
- Prematurity (less than 37 weeks)
- A breech or other difficult position
- Shoulder stuck in the birth canal
- Cephalopelvic disproportion (a mismatch between the shape of the uterus and the shape of the baby’s head)
- Difficult or prolonged labor
- Fetal distress
- Forceps or vacuum cup
- Lack of oxygen caused by the umbilical cord, the mother hemorrhaging or running a fever during labor, or a uterine rupture
- Induction of labor through medicines administered intravenously (IV) or placed internally, or artificial rupture of membranes to break water
- Episiotomy (a surgical cut made between the vagina and anus for emergency deliveries)
- Cesarean section
- Stillbirth or infant death
- Small maternal stature
- Maternal diabetes
Post-traumatic stress disorder (PTSD) is an emerging, often misidentified birth injury reported in women who experienced traumatic birth events like:
- Stillbirth or infant death
- Emergency cesarean section
- Fetal distress
- Cardiac arrest
- Inadequate medical care
- Fear of epidural
- Congenital anomalies
- Inadequate pain relief
- Postpartum hemorrhage
- Use of forceps
- Vacuum extraction
- Skull fracture
- Severe toxemia
- Premature birth
- Prolonged or painful labor
- Rapid delivery
- Degrading experiences
- Severe pre-eclampsia
- 3rd or 4th degree laceration
- Hyperemesis gravidarum
- Shoulder dystocia
According to an article published in The Journal of Perinatal Education, up to 45 percent of new mothers have reported experiencing birth trauma due to emergency cesarean births and witnessing fetal distress.
Types of Birth Injuries
Numerous types of injuries are associated with birth trauma, including:
- Head injuries
- Skull fractures
- Oxygen deprivation
- Brain injury, including cerebral palsy or bleeding of the brain
- Caput succedaneum/scalp swelling
- Shoulder injuries
- Lumps caused by fluid under the skin
- Bleeding under the skin
- Blood inside the eye
- Fractures to the collarbone, clavicle, and shoulder
- Nerve damage resulting in facial paralysis or loss of arm movement
The threat of harm to the mother is also significant during pregnancy and labor. Common maternal injuries include:
- Vaginal tears
- Mismanaged pregnancy, including untreated gestational diabetes and preeclampsia (pregnancy-related hypertension)
- Uterine rupture
- Adverse reactions to medications used to induce labor or treat infections
- Complications from anesthesia and epidurals
Who is Held Responsible for Causing Birth Injuries and Paying for Damages?
Responsibility for birth injuries can fall on many different parties. Potential defendants in a medical malpractice or personal injury lawsuit include:
- Healthcare providers – Obstetricians, nurses, and midwives may be held responsible for failing to provide appropriate care during pregnancy, labor, and delivery.
- Hospitals – Medical facilities could be liable for negligent hiring, training, or supervision of staff members.
- Medical device manufacturers – The companies that design and produce medical devices could be responsible for putting unsafe equipment on the market.
To seek compensation for a birth injury in Kentucky, you must prove the medical practitioner’s error rose to the level of medical malpractice. In other words, you must show that their care deviated from what a similarly experienced and trained professional would have provided in similar circumstances.
The party responsible for a birth injury may be required to pay compensation to the family for losses like:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Loss of household services, if the mother cannot perform the tasks she could do before the injury
- Loss of consortium, loss of companionship, or loss of intimacy due to maternal injuries
Kentucky has not placed a cap on the amount of medical malpractice compensation an injured party can receive. The Kentucky birth injury lawyers from Morgan, Collins, Yeast & Salyer will investigate and pursue compensation from all possible sources for you.
Remember that your time to file a medical malpractice claim is short. Kentucky law requires a lawsuit against a physician, surgeon, or hospital for negligence or malpractice to be filed within one year of the date of the injury.
For families, the clock starts ticking on the date they discover an injury. A child injured at birth has one year from the date of their 18th birthday to file a suit for an injury received as a minor.
How Can a Birth Injury Lawyer Help You?
A Lexington birth injury lawyer can be a crucial ally as you pursue justice for the harm you and your child suffered. Our attorneys will assist you by:
- Investigating the injury – We will start by thoroughly investigating the circumstances surrounding the birth injury, including reviewing medical records, interviewing witnesses, and consulting with medical experts.
- Negotiating with insurers – Many birth injury cases are settled out of court through negotiation with the responsible parties or their insurance companies. Once we’ve identified the liable party(s), we will negotiate for a fair settlement by presenting solid evidence that proves your case.
- Taking your case to court – If the insurer refuses to cooperate, we won’t hesitate to take them to trial. This involves preparing legal documents, presenting evidence, cross-examining witnesses, and arguing the case before a judge or jury.
Why Choose Us as Your Injury Lawyers in Lexington?
At Morgan, Collins, Yeast & Salyer, we know that demanding justice from doctors and deep-pocketed hospitals takes courage. Get Kentucky Courage™ on your side. Our attorneys will demand accountability and maximum compensation for you and your family.
Why work with our firm? We never back down from a fight. We offer free consultations. And we have recovered over $300 million in settlements and verdicts for Kentuckians like you.
Put Morgan, Collins, Yeast & Salyer to work for you. Contact us today to speak with a birth injury lawyer in Lexington, KY.
