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Birth Injury Attorney Serving Ashland & Paintsville

When a physical injury occurs to an infant during birth, it can be considered a birth injury or trauma. It is estimated that roughly 1 out of 7 babies are injured during birth in the United States. A birth injury can occur naturally, or it can occur as a result of someone else’s negligence. If a baby is injured during birth and another person can be held liable, it can result in a personal injury claim.

Who Is Responsible for a Birth Injury?

The first thing that needs to be examined in a birth injury is whether or not the injury occurred because of some else’s negligence. If a baby is injured by a congenital defect that was not caused because of a health care provider, it is not considered a negligent act. If, however, the congenital defect was caused by medication, neglect of care, or improper medical treatment, it may be considered negligent. Some of the more common causes of birth injuries are as follows:

Prenatal Negligence

When you are pregnant, it is your doctor’s responsibility to provide you with reasonable prenatal care. This means your doctor should screen you for diseases like gestational diabetes, Hepatitis, and other illnesses that can affect your child and the birth process. Some medications should not be given to pregnant women because they are known to cause birth defects. If your doctor fails to diagnose an illness or prescribes you medication that causes injury to you or your baby, he or she may be held liable.

Negligence During Labor

Your doctor is required to follow protocol when you are delivering your child. Unfortunately, many birth injury cases stem from some form of labor and delivery negligence. When giving birth, your heart rate and blood pressure should be monitored, along with the heart rate of your child. If a doctor or midwife fails to see a change in heart rate or fails to give you a C-section when it is necessary, it is considered a negligent act.

Negligence After Birth

After giving birth to your child, both you and your baby should be under strict medical care until you are ready to leave the hospital. If you or your baby were not given proper care after birth, it can lead to infections, seizures, strokes, and even death. Any injuries occurring because of improper aftercare are absolutely considered negligence.

What Kind of Damages Can I Claim?

Birth injuries are a form of medical malpractice and are a very serious issue. Your doctor has a responsibility to you and your child’s health. If the care you received was anything less than reasonable, you may be entitled to compensation. There are no caps on non-economic damages in Kentucky, meaning the amount of compensation you may receive is unlimited. Some of the more common damages people claim in birth injury lawsuits are:

  • Medical expenses. This includes any and all bills incurred to treat the birth injury. This can refer to treatment you or your baby received to recover.
  • Pain and suffering. This refers to non-economic damages based on the amount of mental and physical suffering you experienced as a result of the injury.
  • Punitive damages are intended to punish the liable party. If the doctor acted in a grossly negligent manner, you can claim punitive damages.

Representation for Birth Injury Lawsuits in Kentucky

Contact the Salyer Law Office in Paintsville, Kentucky, to discuss an injury to you or your child during the birthing process. Your doctor has a responsibility to make sure your baby is born healthy and that you are given proper care. If he or she did not fulfill this responsibility, you have the right to bring forward a lawsuit. The Salyer Law Office is experienced with medical malpractice and birth injury claims. We fight tirelessly on behalf of our clients and will get you the compensation you deserve.