Madisonville Birth Injury Attorneys
Protecting the Future of Children Harmed by Medical Negligence at Birth
Bringing a child into the world should be one of life’s most joyful experiences. But when something goes wrong in the delivery room—especially due to a preventable medical error—the consequences can last a lifetime. Birth injuries caused by negligence are among the most heartbreaking types of medical malpractice cases we handle. These injuries can leave infants with permanent disabilities and families overwhelmed with emotional and financial burdens.
At Whitfield Crosby & Flynn, our Madisonville birth injury attorneys are dedicated to holding negligent medical providers accountable when their mistakes cause harm to newborns and mothers. We work with nationally recognized medical experts and bring decades of litigation experience to every case. If your child was injured before, during, or shortly after birth, we’re here to help you find answers, secure justice, and ensure your child has the resources they need for the future.
What Is a Birth Injury?
A birth injury is a physical or neurological injury to a baby that occurs during pregnancy, labor, delivery, or immediately after birth. Some birth injuries are unavoidable complications. But others are entirely preventable and occur only because of poor medical judgment, delayed action, or failure to follow proper protocols.
When a Madisonville doctor, nurse, or hospital fails to meet the accepted standard of care—and that failure results in harm—they may be held liable for medical malpractice.
Common causes of preventable birth injuries include:
- Failure to monitor fetal distress
- Delayed C-section despite signs of complications
- Improper use of forceps or vacuum extractors
- Mismanagement of shoulder dystocia
- Misdiagnosis or failure to diagnose maternal conditions such as preeclampsia, gestational diabetes, or infections
- Oxygen deprivation (hypoxia or anoxia) during labor or delivery
- Improper administration of Pitocin or other medications
When something goes wrong during childbirth, time is critical. A delayed response of even a few minutes can mean the difference between a healthy baby and one facing a lifetime of challenges.
Types of Birth Injuries
Birth injuries can vary in severity—from temporary issues that resolve over time to permanent, life-altering conditions. Some of the most serious and commonly litigated birth injuries include the following:
Cerebral palsy
Often caused by lack of oxygen to the brain, cerebral palsy is a group of neurological disorders that affect movement, posture, and coordination. It is not always the result of malpractice, but when it is, it’s typically due to prolonged fetal distress or delivery complications that were mismanaged.
Brachial plexus injuries (Erb’s palsy or Klumpke’s palsy)
These injuries affect the network of nerves that control the arm and shoulder. They can occur when excessive force is used during delivery, especially in shoulder dystocia cases.
Hypoxic-ischemic encephalopathy (HIE)
A form of brain damage caused by oxygen deprivation and limited blood flow, HIE can lead to cognitive impairments, developmental delays, and epilepsy.
Skull fractures and brain bleeds
Caused by trauma during delivery, such as improper use of forceps or vacuum devices, these injuries can lead to seizures, permanent brain damage, or death.
Spinal cord injuries
Though rare, trauma during birth can cause spinal cord damage, leading to paralysis or serious motor function deficits.
Some injuries, such as bruising or temporary nerve damage, may heal in time. Others require a lifetime of care, including physical therapy, occupational therapy, specialized education, assistive devices, and in-home care.
How Do You Know If Your Child’s Injury Was Caused by Medical Negligence?
Not every birth injury is the result of malpractice. But too often, medical providers hide behind technical medical jargon or fail to give parents the full story about what went wrong.
If your child was diagnosed with a serious condition shortly after birth, especially one involving neurological damage or physical impairment, it’s worth investigating whether it could have been prevented. Warning signs that may indicate medical negligence include performing an emergency C-section after hours of fetal distress, low APGAR scores, signs of oxygen deprivation, seizures shortly after birth, admission to the NICU with no clear explanation, and delayed developmental milestones.
Our firm works with independent medical experts to review records, analyze fetal monitoring data, and identify whether proper procedures were followed. If your child’s injury could have—and should have—been avoided, we will fight to hold the responsible parties accountable.
Your Family May Be Entitled to Compensation
Raising a child with a birth injury comes with immense financial and emotional challenges. Kentucky law allows families to seek compensation for the losses and future costs associated with a preventable birth injury, including:
- Past and future medical expenses
- Costs of ongoing therapy and special education
- In-home care and assistive equipment
- Pain and suffering
- Loss of earning potential
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in especially egregious cases)
At Whitfield Crosby & Flynn, we build a full picture of your child’s needs—not just today, but across their lifetime. Our goal is to recover the full compensation your family will need to support and care for your child for years to come.
Why Choose Whitfield Crosby & Flynn After a Birth Injury in Madisonville
Birth injury litigation is among the most complex areas of medical malpractice law. These cases demand an in-depth understanding of both medicine and litigation strategy. They often involve going up against large hospitals and insurance companies with virtually unlimited resources.
We level the playing field.
Our attorneys are experienced trial lawyers who are not afraid to take a case to court. We approach each case with the preparation and focus required to win at trial—and because of that, we are often able to negotiate strong settlements without sacrificing what the family needs.
We understand what’s at stake. Your child’s future. Your peace of mind. Your right to accountability and justice. Let us help you pursue it.
Don’t Wait to Take Action
Kentucky has a one-year statute of limitations for most medical malpractice cases, including birth injuries. However, when the injury involves a minor, the clock may be extended. That said, waiting too long can make it harder to preserve evidence and build a strong case.
If your child has suffered a serious injury that you suspect may have been caused by medical negligence, don’t hesitate to get answers. We offer free consultations, and we only get paid if we recover compensation for you.
Talk to Our Madisonville Birth Injury Lawyers Today
You shouldn’t have to carry the burden of a preventable medical mistake on your own. If your child suffered a birth injury due to negligence, you deserve to know what happened—and to pursue justice for your child’s future.
Call Whitfield Crosby & Flynn today for a free, compassionate case review.