A birth injury happens when a baby is hurt before, during, or right after being born. Sometimes, these injuries are accidents. Other times, they happen because a doctor, nurse, or hospital did not provide proper care.
Birth injuries can make life harder for both the baby and the family. They may lead to long-term health problems or require special medical help.
Kentucky Laws That Help Newborns
In Kentucky, there are special laws that say newborns must be covered by health insurance from the moment of birth. These laws include:
- KRS § 304.17A-139
- Says health insurance must cover newborns right away.
- Includes coverage for certain diseases and milk fortifiers that help prevent stomach problems in babies.
- Parents usually have 31 days to tell the insurance company about the new baby and pay any extra premium.
- KRS § 304.17-042
- Requires individual health insurance plans to cover newborns from birth.
- Covers injuries, sickness, and birth defects.
- Parents must notify the insurance company within 31 days to keep coverage.
- KRS § 304.18-032
- Applies to group or blanket health insurance policies.
- Covers newborns from the moment they are born, including birth defects.
- Parents usually have 31 days to provide notice and pay any needed premium.
- KRS § 304.32-153
- Applies to nonprofit service contracts that offer health coverage.
- Covers newborns from birth for injuries, sickness, and birth defects.
- Again, parents have 31 days to tell the insurer and continue coverage.
- KRS § 304.38-199
- Covers newborns in health maintenance organization (HMO) plans.
- Includes injuries, sickness, and birth defects.
- Parents must notify the plan within 31 days and pay any required premium.
These laws help families get health coverage right away for their newborns. It is important to let your insurance company know about your baby as soon as possible so you do not lose coverage.
Common Medical Mistakes Leading to Birth Injuries
Sometimes, birth injuries happen because of medical mistakes such as:
- Not Responding to Distress: Doctors and nurses need to watch the baby’s vital signs (like heartbeat and oxygen). If they ignore signs of trouble, the baby could be hurt.
- Misusing Tools: Tools like forceps or vacuums can be helpful during delivery. But if used the wrong way, they can cause broken bones, nerve damage, or other injuries.
- Delaying an Emergency Delivery: If a baby is in danger, doctors may need to act fast (for example, doing a C-section). Delays can lead to serious problems, like a lack of oxygen.
- Medication Errors: Medicines used during labor must be given correctly. Mistakes can harm both mother and baby.
Common Types of Birth Injuries
Birth injuries can range from mild to severe. Here are some that often appear in medical negligence cases:
- Cerebral Palsy: Caused by a lack of oxygen, it affects movement and muscle control.
- Brachial Plexus Injuries: Happens when a baby’s shoulder is stretched too much during delivery, hurting nerves and affecting arm movement.
- Bone Fractures: Can occur if too much force is used when helping the baby out.
- Brain Injuries: Can lead to thinking or movement problems if there is a lack of oxygen or if tools are used incorrectly.
- Facial Paralysis: Pressure on a baby’s face during birth can cause nerve damage.
How Compensation Can Help with Kentucky Birth Injuries
If a birth injury happens because a doctor or hospital was careless, families may seek compensation (money) to help with:
- Medical Bills: Surgeries, medicine, therapy, and other treatments can be very expensive.
- Rehabilitation and School Support: Special therapies or educational programs can help a child learn and grow.
- Home Changes: You might need ramps, widened doors, or other changes to your home or vehicle.
- Lost Income: Taking care of an injured child may force a parent to work fewer hours or stop working completely.
- Pain and Suffering: Families can seek money for the emotional and physical harm caused by a preventable injury.
How a Kentucky Birth Injury Lawyer Can Help
Families often work with lawyers to figure out if the birth injury happened because of medical negligence. Lawyers can:
- Review Medical Records: They look at your records and talk to experts to see if the injury was preventable.
- Negotiate with Insurance: They handle talks with insurance companies to seek fair payment.
- File a Lawsuit: If needed, they will take the case to court.
- Meet Deadlines: Kentucky has strict time limits for filing medical negligence claims. A lawyer makes sure you do not miss them.
Important Kentucky Birth Injury Court Cases
Below are some important Kentucky court decisions that could apply to your case dealing with birth injuries:
Miller v. Marymount Med. Ctr., 125 S.W.3d 274 (Ky. 2004)
This case involved a woman who got pneumonia and fell into a coma after childbirth. The court allowed evidence showing bias and credibility, even though there were objections under Kentucky’s rules of evidence.
Grubbs v. Barbourville Family Health Ctr., 120 S.W.3d 682 (Ky. 2003)
Kentucky’s highest court said the state does not recognize “wrongful birth” or “wrongful life” claims. The court explained that a doctor’s failure to find a birth defect does not cause the defect itself.
Johnson v. Eckerle, 653 S.W.3d 588 (Ky. 2022)
In this case, the court said it was okay to ask for nine years of social media data from the people suing for medical negligence. Because their mental and emotional state mattered to the case, the court allowed broad discovery with steps to protect private information.
Sneed v. Univ. of Louisville Hosp., 600 S.W.3d 221 (Ky. 2020)
The court refused to extend the “continuous treatment” rule to stop the clock for a medical negligence case. The patient knew about the possible wrongdoing before the time limit ran out, so it was not paused.
Next Steps If You Believe Your Child Was Hurt Because of a Medical Mistake in Kentucky
If you believe your child was hurt because of a medical mistake, you do not have to face it alone.
You can:
- Contact a Legal Professional: A Kentucky birth injury lawyer can help you understand your rights and figure out if you have a case.
- Gather Records: Keep track of medical papers, bills, and other paperwork related to your child’s injury.
- Act Quickly: Kentucky sets strict deadlines for filing birth injury cases.
Remember: Kentucky laws are here to help newborns and their families. If you have questions about birth injuries or insurance coverage, a qualified professional can guide you. Always consult the statutes (KRS § 304.17A-139, KRS § 304.17-042, KRS § 304.18-032, KRS § 304.32-153, KRS § 304.38-199) and case law (Miller, Grubbs, Johnson, and Sneed) for details.
This information is for educational purposes only. It is not legal advice. If you think you need legal help, please talk to a licensed attorney. Read more articles on Ask Law Easy to stay informed.
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