Birth Injury Lawyer

A birth injury happens when a newborn is harmed during labor or delivery. This is not the same as a birth defect, which develops before birth due to genetic or developmental issues.

Birth injuries are caused by physical trauma, oxygen loss, or errors in medical judgment. Many times, they are preventable.

Some of the most common injuries include:

• Hypoxic-ischemic encephalopathy (HIE): Oxygen deprivation that can cause permanent brain injury or cerebral palsy.
• Brachial plexus injuries (Erb’s palsy): Nerve damage in the shoulder or arm, often caused by excessive pulling during delivery.
• Fractures or skull trauma: Sometimes, the result of improper use of forceps or vacuum extractors.

These injuries don’t just change the course of your baby’s health; they can reshape your family’s entire future.

Sometimes, birth complications occur when doctors do everything right. But when medical professionals fail to meet accepted standards of care, the results can be tragic.

Recently, a Kentucky federal judge approved a $5 million settlement to resolve a suit in which a boy suffered severe birth injuries at a federally funded clinic, with allegations of standard‑of‑care failures during delivery.

Common causes of preventable birth injuries include:

• Failing to monitor fetal distress or heart rate
• Delaying a necessary C-section
• Misreading fetal monitoring strips
• Improper use of delivery tools
• Neglecting signs of umbilical cord or oxygen problems

In these cases, the law may recognize medical negligence. That means a doctor, nurse, or hospital failed to provide the level of care that another reasonably skilled professional would have given under the same circumstances.

If negligence is proven, families have the right to pursue a personal injury claim to recover compensation for medical expenses, therapy, and the lifelong costs that come with caring for an injured child. A successful claim can also help drive changes in hospital policies and training to make sure that what happened to your baby does not happen to another family.

Sometimes, you might feel that something is not right. Could it be a birth injury? Some signs may be obvious right after delivery, while others may become more apparent in the days, weeks, or months that follow.

Here’s a detailed breakdown:

Physical Signs in the Newborn

• Abnormal movements or weakness: Limited motion in an arm, leg, or hand may indicate nerve damage, such as a brachial plexus injury.
• Seizures: These happen due to a brain injury or oxygen deprivation.
• Difficulty breathing: Struggling to breathe or irregular breathing patterns may point to lung or neurological problems.
• Jaundice that is severe or prolonged: While jaundice is common, unusually high levels can sometimes be linked to underlying injury.
• Bruising or fractures: Broken bones, especially in the collarbone or skull, can occur during a difficult delivery.
• Soft tissue injuries: Swelling, marks from forceps, vacuum extraction, or other delivery tools.

Developmental and Neurological Signs

Some birth injuries may not be apparent immediately but show up as your baby grows:

• Delayed milestones: Not sitting, crawling, or walking at the expected age.
• Muscle tone issues: Stiffness or floppiness in limbs may indicate cerebral palsy or other neurological injuries.
• Feeding difficulties: Trouble sucking, swallowing, or latching can signal neurological or muscular problems.
• Persistent irritability or lethargy: Excessive fussiness, unusual sleepiness, or lack of responsiveness.

What Parents Should Do

If you notice any of these signs, it is important to:

• Contact your pediatrician immediately to have your child evaluated.
• Document what you observe, including when symptoms appeared and how they present.
• Request complete medical records from the hospital and delivery team.
• Consider speaking with a birth injury lawyer, especially if you suspect medical error played a role, to understand your rights and options.

Early recognition and evaluation are key to making sure your child gets the care they need and to preserving any legal options for pursuing compensation if a preventable injury occurred.

At Peterson Law Office, we believe every family deserves answers and a fair chance to rebuild. Our mission is simple: to hold negligent medical providers accountable and to help Eastern Kentucky families secure the resources their children need to thrive.

If you believe your child’s birth injury was preventable, contact our Pikeville birth injury lawyer to schedule your free consultation. We’re here to listen, explain your rights, and help you take the next step toward justice and healing.