Louisville-Kentucky-Birth

Kentucky Birth Injury Attorneys

Help in Lexington and Louisville for injuries suffered during labor and childbirth

Birth injuries are injuries that occur to either the infant or mother as a result of trauma during labor and childbirth. Although complications do happen during childbirth, some birth injuries are completely preventable and occur as a result of medical malpractice. If this has happened to you and your family, you need a legal advocate you can count on to help make things right.

We understand you may still be struggling to handle the aftermath of a birth injury. But the sooner you act, the greater your chance of getting the money you need. For help with your medical malpractice lawsuit, reach out to a highly trained Kentucky birth injury lawyer at Wilt & Associates, PLLC. Contact our attorneys in Lexington or Louisville today.

What is a birth injury?

Per Stanford Children’s Health, a birth injury is “a physical injury that is simply the result of being born. This is sometimes called birth trauma or birth injury.” This differs from a birth defect, which is a condition that occurs while the baby is developing in the mother’s body. Birth injuries are sometimes unpreventable, due to the size or position of the baby.

However, in many cases, they are completely preventable and occur due to negligence and medical malpractice.

What are common birth injuries?

Childbirth can be one of the most exciting – and one of the most difficult – experiences of a person’s life. There are any number of things that can go wrong. Common birth injury claims we handle at our Kentucky law firm include:

Cerebral palsy

Cerebral palsy, or CP, is a medical condition that results in a loss of motor function. It is caused by damage to the brain and is often brought on by negligent medical professionals. The brain is the most delicate organ in the human body and even the slightest damage can have permanent results.

There are several types of cerebral palsy, such as athetoid cerebral palsy, spastic cerebral palsy, ataxic cerebral palsy, and mixed cerebral palsy. Each of these conditions can require a child to have round-the-clock care around for the rest of their lives.

Hypoxic ischemic encephalopathy (HIE)

Countless newborns every year suffer from hypoxic ischemic encephalopathy (HIE). This condition is also commonly referred to as perinatal asphyxia, birth asphyxia, or neonatal encephalopathy and can be fatal. Newborns can asphyxiate when their brain and organs are deprived of oxygen. Oxygen deprivation is most prevalent in premature babies. However, if medical professionals act promptly and appropriately, HIE can be prevented and controlled.

Nuchal cord

A nuchal cord is an umbilical cord that is wrapped around the baby’s neck while he or she is still in the womb. If the cord is too tight, it can cut off the blood supply and/or oxygen to the baby. Nuchal cord can lead to cerebral palsy if the strips are not watched carefully by the provider, and delivery effectuated quickly if evidence of hypoxia is evident.

Caput succedaneum

Caput succedaneum is the swelling of a baby’s scalp. It is most commonly caused when pressure is placed on the baby’s head as the baby is delivered head-first. It can also happen in deliveries where a vacuum extractor is needed to deliver the baby. Some of the common signs of caput succedaneum include:

  • Bruising on the baby’s scalp
  • Puffy swelling on the baby’s scalp, including swelling that extends to the baby’s scalp midline
  • Increased molding of the bones in the baby’s head
  • Hemorrhaging of the baby’s scalp

Every case is different, but when caput succedaneum occurs, it can often be diagnosed during a prenatal ultrasound. If the proper prenatal care is not provided to the mother by healthcare providers, the baby could be left with serious complications, including some that can lead to cerebral palsy and severe brain damage.

Erb’s palsy

Erb’s palsy is a nerve condition in an infant’s shoulder or arm, typically resulting from a traumatic birth or birth injury. This injury can result in muscle weakness and loss of function. Per the Cleveland Clinic, “Erb’s palsy occurs in 0.9 to 2.6 per 1,000 live births or nearly 12,000 cases per year. It’s most common in larger infants who need to be pulled out during delivery because they’re stuck.”

Although many cases of Erb’s palsy resolve on their own, those that do not may leave an infant with permanent arm and shoulder problems.

Placental abruption

A placental abruption is an extremely serious complication that occurs when the placenta either partially or completely detaches from the uterine wall. The Mayo Clinic reports placental abruption is more likely to happen during the third trimester and can happen suddenly or develop slowly. In either case, it is an emergency situation and if left untreated can endanger the lives of both mother and baby.

Breech delivery complications

In a normal delivery, the baby is born head first. But in a breech childbirth, the infant is born with either their feet or buttocks presenting first. Breech childbirth can cause severe birth injuries including traumatic brain damage, spinal injuries, nerve damage, and fetal distress.

You should be able to trust that your healthcare provider is prepared and equipped to handle your labor and delivery — even if your baby is in the breech position. Mishandling of instruments, failure to diagnose, failure to treat, and other medical mistakes could all have prevented the complications of a breech birth had the healthcare providers in question upheld their medical duty of care.

Can I sue for birth injuries to the mother in Kentucky?

When most people hear the term birth injury, they tend to think of injuries that occur to newborn babies during childbirth. Although birth injuries as a whole certainly do account for newborn injuries, they also include injuries and illness that happen to the mother giving birth to the child.

There are many different types of birth injuries that women can sustain during pregnancy, labor, and delivery. Fortunately, the vast majority are preventable or able to be treated. Some of the most frequently seen types of maternal birth injuries include:

  • Uterine rupture
  • Uterine prolapse
  • Vaginal tearing during childbirth
  • Postpartum hemorrhage (PPH)
  • Postnatal traumatic stress disorder
  • Postpartum depression
  • Infections
  • Fissures

These are just a few of the different conditions that mothers could experience if their healthcare providers are not careful to monitor their health and properly treat these conditions should they occur.

Birth Injuries to the Mother

How can your Kentucky birth injury lawyers help?

If you or your newborn suffer from any of these conditions or another condition brought on during childbirth because of a healthcare provider’s negligence, an experienced birth injury lawyer at Wilt & Associates may be able to help you seek max compensation. We have achieved the following successes for past clients:

$9,000,000

HYPOXIC ISCHEMIC ENCEPHALOPATHY

$3,700,000

HYPOXIC ISCHEMIC ENCEPHALOPATHY

$2,250,000

NEWBORN
WRONGFUL DEATH

$500,000

SHOULDER
DYSTOCIA

Schedule a free consultation with us to find out how can help your family, too.

Do you have a birth injury attorney near me?

Wilt & Associates has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A
Louisville, KY 40223
Phone: 502-253-9110

Lexington Office

196 W. Lowry Lane, Suite 1
Lexington, KY 40503
Phone: 502-461-1481

If you are too injured or ill to travel to us, we can arrange a phone or video conference. We also make hospital visits when necessary.

Compassionate birth injury lawyers serving Louisville and Lexington

If a doctor, hospital or other party is liable for your child’s injuries, you will need an unshakable Kentucky birth injury lawyer at your side. The attorneys at Wilt & Associates can stand up to any party and fight for the compensation you and your child deserve. No family should have to suffer due to a preventable birth injury. To schedule a free consultation, please call 502-253-9110 or fill out our contact form today. We maintain offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.

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