Answering The Most Common Questions About Birth Injuries
Birth injuries happen when medical professionals fail to give patients the standard “duty of care.” When you receive less than adequate medical attention before, during, or after the birth of your baby and the result is a birth injury, you may be eligible to file a medical malpractice claim. When pursuing a birth injury claim, it’s likely you have many questions. Here are some answers you may be looking for.
What Constitutes a Birth Injury?
While in some cases a birth injury can be identified immediately after the injury was caused, other birth injuries may take weeks, months, or even years to discover. Understanding what it means to have a birth injury and the causes are critical components to birth injury claims.
According to the National Center for Biotechnology Information (NCBI), a birth injury is defined as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” While the definition specifically states, “at birth,” there are many events that can happen during pregnancy and before, during, or after the birthing process.
How Can I Prove My Child Suffered a Birth Injury?
To prove you or your child suffered a birth injury due to medical negligence, there are four critical pieces of evidence that must be clear:
- There was an established relationship between you/your baby and your doctor for medical care.
- The medical professional or entity (such as a hospital) had a legal duty of care for your baby.
- The medical professional or entity breached that duty of care by failing to act reasonably.
- Your baby suffered an injury due to medical errors by medical professionals or entities.
Some of the most common types of evidence and proof of a birth injury are:
- Medical records.
- Test results.
- Doctor’s notes.
- The employment history of associated medical professionals.
- Witness statements.
- Expert testimony.
What is the Statute of Limitations in Kentucky for Birth Injury Claims?
The statute of limitations for birth injury claims in Kentucky is one year. However, the law considers that some birth injuries are not immediately apparent after a baby is born, and there are some exceptions to the statute of limitations.
For more information about how the statute of limitations works in Kentucky birth injury claims and the exceptions, read our related article:
How Long Does a Birth Injury Lawsuit Take?
Since birth injury cases come with many complexities and intricacies, it’s difficult to put a time limit on how long a birth injury case will complete. Every birth injury case is different, and many factors contribute to a birth injury case timeline, including:
- The severity of damages - Depending on the type of birth injury, the most severe cases can take longer to complete.
- Accessibility of medical records - Some healthcare entities may not be so quick to give out medical records and other documentation related to your claim, which can cause a hold up of a birth injury claim.
- How much of the facts witnesses can recall - As time goes on, memories are not as fresh and clear, and witnesses may have trouble remembering specific details of the incident.
- Cooperativeness of witnesses - Some witnesses to a birth injury may be hesitant to participate in a birth injury case.
- Dealing with uncooperative insurance companies - Insurance companies will do anything in their power to deny a birth injury claim or make it difficult when it comes to cooperation.
While most of the above seem overwhelming to someone filing a birth injury claim, know that an experienced birth injury lawyer knows how to navigate the legal process and is equipped to handle and overcome any obstacles to ensure you get the compensation you deserve.
How Do I Find The Right Birth Injury Lawyer?
Learning your baby has suffered a birth injury is devastating news, and when you are unsure how to get help, it can make the situation that much more difficult to bear. When overwhelmed with doctor’s appointments, therapies, and treatments for your baby, the financial strains can take a toll on you and your family. When it comes to finding a birth injury lawyer, it’s critical to have the following facts about the law firm you choose to handle your case:
- How long they have been in practice.
- Do they have a team of lawyers dedicated to birth injury cases?
- How often do they take on birth injury claims?
- Their track record of successful birth injury claims.
Knowing you chose the right birth injury lawyer for your case can give you peace of mind and ease your fears knowing that you are getting the support you need throughout the process.
Questions About a Birth Injury Claim? We Have The Answers.
Big cases require big resources. Birth injury cases are highly complex. At Dolt, Thompson, Shepherd & Conway, PSC, our attorneys are experienced in handling some of the most challenging and unique birth injury cases. When unsure about your baby’s future, know that you are not alone, and our attorneys are here to support you every step of the way. If your baby has suffered a birth injury, we are here to help you seek the compensation you deserve so your baby’s needs are met and so you and your family can move forward with your lives.
Contact usat (502) 242-8872 to speak to one of our lawyers today.
National Center for Biotechnology Information: Birth Trauma