Birth injuries are not uncommon. Sometimes, babies are born with an injury that nobody could have done anything about, but there are times when birth injuries are caused by the careless or negligent actions of medical professionals involved with labor and delivery. Some of the most common birth injuries include brachial palsy, broken or dislocated bones, caput succedaneum, paralysis, hemorrhaging, and more.

Here, we want to review how parents or guardians know if they have grounds for a birth injury claim. We strongly encourage any person who suspects their child has been harmed due to a birth injury to reach out to an attorney as soon as possible.

Was the Medical Provider Negligent?

After a birth injury occurs, knowing whether or not you have grounds for a lawsuit can be challenging. First, we want to examine the medical standard of care. Understanding the medical standard of care can be difficult, particularly when it comes to the definition.

During a lawsuit, it will need to be examined as to whether or not the allegedly negligent medical provider upheld the medical standard of care for their patient. This is required for any doctor-patient relationship.

When examining the medical standard of care, a “theoretical” doctor will be examined and compared. Essentially, those involved in decision-making will be asked whether or not a doctor with a similar skill set and background in a similar geographic environment would have performed the same actions in a similar situation.

If the answer is ultimately “yes,” then it is likely that there was no medical provider negligence. However, if this theoretical doctor would not have performed in the same way, then it may be the case that the original “real” medical provider was indeed negligent.

If the medical provider did not meet the standard of care while treating a mother or baby, and this failure on their part resulted in an injury and caused damages, then you likely have grounds for a medical malpractice lawsuit against the provider.

There are various ways that birth injuries occur due to the negligent actions of a medical provider. This can include, but is not limited to, the following:

• Improper use of delivery tools such as forceps or vacuum devices
• Failure to monitor a mother’s vital signs before, during, or after delivery
• Failure to monitor a baby’s vital signs before, during, or after delivery
• Failing to opt for a c-section when one is indicated
• Using too much force to deliver the child

This is certainly not a complete list of the ways that birth injuries occur. If you have any questions about your particular situation, please reach out to a medical malpractice lawyer in Kentucky as soon as possible.

Will You Need a Medical Malpractice Attorney?

Birth injury claims are incredibly difficult, as are other medical malpractice cases. However, that does not mean you should not pursue your claim. You absolutely should. Doing so will require assistance from a skilled birth injury lawyer who has experience handling these complex claims in Kentucky.

A medical malpractice lawyer will get involved and conduct a complete investigation into the incident. This includes using their resources to have all medical records reviewed by trusted medical experts. Your lawyer will help ensure that you and your child are evaluated by qualified medical professionals who can also provide testimony to the insurance carriers or at a medical malpractice trial.