Skull Fractures in Newborns and the Risk of Brain Injury

Newborn skull fractures can lead to serious brain injury because an infant’s skull is not fully developed and offers limited protection to the brain. Even when a fracture appears minor, it may be associated with internal bleeding, swelling, or oxygen deprivation that can cause permanent neurological damage.

These injuries may raise medical malpractice concerns when a skull fracture occurs during delivery and is linked to improper use of force, delayed response to fetal distress, or failure to follow accepted medical requirements. These cases usually involve both the physical injury and the resulting brain damage.

If your child suffered a skull fracture at birth, Wilt Injury Lawyers can help. Our newborn injury lawyers in Kentucky can evaluate whether your child’s injury, and any resulting brain damage, may have been preventable and what legal options are available to you.

How Do Skull Fractures Occur in Newborns?

Skull fractures in newborns usually occur during labor and delivery due to:

• Improper or excessive use of delivery tools such as forceps or vacuum extractors
• Excessive force by the delivering provider during delivery
• Failure to respond to signs of fetal distress
• Prolonged or difficult labor

In some cases, fractures can occur despite appropriate care. In others, they may be caused by preventable errors.

Why Are Newborns at Higher Risk of Brain Injury?

A newborn’s skull is softer and not fully fused, which makes it more vulnerable to trauma. This increases the risk of:

• Intracranial bleeding, including subdural or epidural hemorrhage
• Brain swelling that can increase pressure inside the skull
• Oxygen deprivation (hypoxia) during delivery

Even small fractures can be associated with underlying brain injury that isn’t immediately visible.

What Types of Brain Injuries Can Result from Skull Fractures in Newborns?

Brain injuries associated with skull fractures in newborns can vary in severity, including:

• Traumatic brain injuries (TBIs)
• Developmental delays
• Seizure disorders
• Cerebral palsy, particularly in cases involving oxygen deprivation
• Long-term cognitive or motor impairment

Some symptoms may not appear right away, making ongoing monitoring especially critical.

When Does a Birth Injury Become a Malpractice Case in Kentucky?

Not every newborn skull fracture is caused by negligence. However, you may have a malpractice claim when your newborn’s skull fracture leads to brain injury and the medical team failed to act according to accepted standards during delivery. To prove your claim, you must show:

• The medical provider owed a duty of care during labor and delivery
• The provider used an improper technique or failed to respond appropriately and therefore breached the duty of care owed
• That failure directly caused your child’s skull fracture and the resulting brain injury
• Your child suffered measurable harm, such as neurological damage or developmental impairment

In addition, Kentucky law KRS § 411.167 generally requires that a qualified medical expert review your case and confirm that there’s a reasonable basis for your claim before it proceeds. This requirement makes early case evaluation especially important in birth injury claims.

What Are the Long-Term Financial Impacts of a Brain Injury?

Brain injuries in newborns can lead to high long-term costs, such as:

• Ongoing medical care and therapy
• Specialized education needs
• Assistive devices or home modifications
• Lost income due to caregiving responsibilities

These costs can extend over a lifetime depending on the severity and exact nature of your child’s brain injury.

How Long Do You Have to File a Birth Injury Claim in Kentucky?

Under KRS § 413.140(1)(e), most medical malpractice claims must be filed within one year of the malpractice date. However, special rules apply in cases involving injured children, such that the filing deadline may be extended until your child’s 19^th^ birthday (one year from the day they turn 18). Despite this extension, acting promptly is immensely critical. Securing medical records, expert review, and complying with the filing requirements all take time, and delays can affect the strength of your case.

Let Our Malpractice Attorneys Handle Your Case

A newborn skull fracture can have serious and lasting consequences, especially when brain injury is involved. If your child suffered a birth injury in Kentucky, fill out our online form or call Wilt Injury Lawyers at 502-427-6813 for your no-cost case assessment. Our Kentucky newborn injury lawyers can discuss your options for pursuing accountability and long-term support.