An incident involving medical malpractice can be devastating for any Kentucky resident, but just think of how shocking and depressing it can be for a young family welcoming a baby. Many people probably do not think of birth injuries when they think of medical malpractice, but can these incidents fall under the umbrella of medical malpractice too?

In short, the answer is, "yes." Many birth injuries are entirely preventable, with the right care. Some pregnant women experience health problems related to the pregnancy, which may affect the baby during the gestation period. If these health problems go undetected or untreated due to the negligence of the woman's doctor, any resultant problems for the baby may lead to a valid medical malpractice claim.

Problems can occur during the birthing process as well. Doctors might prescribe certain medications to the mother during the birthing process, might use certain instruments that could present a danger to the mother or baby or they might wait too long to make the decision to move from a natural birth to a C-section. Anyone of these scenarios might lead to devasting birth injuries.

Medical malpractice cases that are based on a birth injury can be proven much like any other medical malpractice case. The plaintiff will need to prove that the healthcare professional violated a duty and the accepted standard of care, and that the violation led to the birth injury in question. From there, the plaintiff will need to prove how that negligence or recklessness affected the life of the baby and the family.

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