Working With a Kentucky Birth Injury Lawyer
A Kentucky birth injury lawyer is a personal injury attorney specializing in medical malpractice that causes harm to infants and mothers. These lawyers help families affected by avoidable birth injuries caused by insufficient medical care.
When obstetricians, midwives, nurses, and other health care providers make mistakes, babies can suffer severe and lasting harm. Many new parents don’t yet understand that proper treatment may require a lifetime of expensive medications, multiple forms of therapy, adaptive equipment, and more.
A skilled Kentucky birth injury attorney can help families seek financial compensation that can be used to provide top-quality care throughout their child’s life.
Our legal partners have helped families in Kentucky and nationwide recover over $862 million for preventable birth injuries.
Our partner Kentucky birth injury lawyers can represent families in:
- Bowling Green
- Other Kentucky cities and towns
If you believe your child suffered a preventable birth injury, don’t wait. Find out if you can work with a top Kentucky birth injury attorney with a free case review right now.
A free case review is the first step in pursuing compensation for you and your family.
About Medical Negligence in Birth Injury Cases
Medical negligence occurs when hospitals and health care providers like doctors, midwives, and nurses make errors, leading to harm that should have been prevented.
When birth injury medical malpractice occurs, the results can be catastrophic, often causing lifelong disabilities for children.
Here are some situations that may be considered medical negligence:
- Failing to perform a medically necessary cesarean section (C-section)
- Ignoring signs of fetal distress (signs that your baby is not well)
- Misusing assistive delivery tools such as vacuum extractors or forceps
- Neglecting to provide adequate prenatal care
- Using too much force when pulling on a child’s head, neck, shoulders, and arms as they travel through the birth canal
If your child was harmed during childbirth and you suspect it could have been avoided, an experienced Kentucky birth injury lawyer may be able to help.
Types of Cases Kentucky Birth Injury Attorneys Handle
A skilled Kentucky birth injury attorney is experienced with various types of cases involving medical malpractice.
Kentucky birth injury lawyers handle cases involving:
- Brain damage
- Caput succedaneum
- Cerebral palsy
- Cervical dystonia
- Cesarean-section (C-section) injuries
- Erb’s palsy and other brachial plexus injuries
- Forceps delivery complications
- Hypoxic ischemic encephalopathy (HIE)
- Infant torticollis (twisted neck)
- Intrauterine fetal demise (IUFD) or stillbirth
- Intraventricular hemorrhage
- Klumpke’s palsy
- Maternal infections
- Meconium aspiration syndrome
- Newborn cephalohematoma
- Periventricular leukomalacia
- Shoulder dystocia
- Spinal cord injury
- Vacuum extraction complications
- Other types of birth injuries
If your child has suffered any of these injuries and you think the harm could have been prevented, you may be able to take legal action.
Call the Birth Injury Justice Center at (800) 914-1562 right now to find out if we can connect you with an experienced Kentucky birth injury lawyer near you.
Kentucky Birth Injury Settlements and Verdicts
If a medical mistake was made, you may be entitled to life-changing financial compensation through a birth injury settlement or trial verdict. Your family can use this money to provide the best possible life for your child.
Most birth injury cases are resolved through settlement agreements. A settlement happens when the negligent party (the defendant) pays an agreed-upon amount of money to resolve the lawsuit.
If the party who was harmed (the plaintiff) isn’t satisfied with a settlement offer (or one isn’t made), they may choose to go to trial. During a trial, a jury or judge will decide whether the defendant is responsible for the baby’s injury.
Trials are generally considered riskier because the plaintiff may not receive any compensation if the defendant wins. However, if the plaintiff wins, they may have a higher chance of receiving a larger payout than they would have if they agreed to a settlement.
A Kentucky family received an $18 million jury verdict for their child with cerebral palsy caused by lack of oxygen during birth.
When to File a Birth Injury Lawsuit in Kentucky
If you suspect your child’s condition may have been caused by medical malpractice, take action right away.
Laws called statutes of limitations place strict deadlines on how long you have to take legal action. If you miss your deadline, you could be forever prevented from filing a lawsuit.
Here is a general guide on the Kentucky statute of limitations that may apply to your case.
KY Statute of Limitations for Birth Injuries
KY Statute of Limitations for Infant Wrongful Death
Even if your child hasn’t been formally diagnosed, contacting an experienced Kentucky birth injury lawyer is often the best and fastest way to find out your legal options. They can investigate the cause of your child’s condition and whether you may have a valid claim.
Why Hire a Kentucky Birth Injury Lawyer?
A skilled Kentucky birth injury attorney can guide you through the state’s birth injury laws, handling all aspects of your case. This means you and your family can focus on your child’s well-being.
Here is how an experienced Kentucky birth injury lawyer can help:
- Determine your eligibility to file a birth injury lawsuit: They can evaluate your case to determine whether you may have legal options. Take the first step right now with a free case review.
- Gather evidence: They can assist with gathering and preserving evidence to support your claim. This includes doctor’s notes, medical records, videos, photos, eyewitness reports, expert testimonies, and more.
- File your claim on time: Your lawyer can handle all paperwork and legal requirements to ensure your lawsuit is filed properly and on time.
- Negotiate with the opposing side: After filing your claim, your lawyer will negotiate with the defendant to secure maximum compensation in the shortest amount of time possible.
- Bring your case to court: If the opposing side refuses to settle for a fair amount, your lawyer can bring your case to trial. They will use their courtroom skills to get the justice and compensation your family deserves.
Additionally, a Kentucky birth injury lawyer brings expertise in negotiating with insurance companies and health care providers, ensuring that you receive the maximum compensation to cover medical expenses and future care needs.
Their local experience means they are familiar with Kentucky courts and judges, which can be key in successfully resolving your case.
What to Look for in a Kentucky Birth Injury Lawyer
Not every Kentucky birth injury lawyer has the experience needed to handle your case successfully. Knowing the traits to look for is the best way to find a good fit for your family.
Look for a Kentucky birth injury attorney with the following qualities:
- Communication skills: Your lawyer should have top-notch communication skills. They should listen to your concerns and involve you in major decisions, keeping you informed along the way.
- Compassion: The ideal lawyer should be compassionate and caring. They should understand and prioritize your family’s needs.
- Knowledge: Your lawyer should have specialized knowledge about your child’s birth injury, ideally having handled similar cases in the past.
Additionally, you should find an attorney who offers free consultations and no upfront costs.
The best Kentucky birth injury attorneys work on contingency fee arrangements, meaning they only get paid if they successfully secure financial compensation for your family.
Get Help From Kentucky Birth Injury Lawyers
When medical professionals make mistakes, families should not have to face the consequences alone. If your child was harmed during childbirth and you suspect it could be due to a health care provider’s negligence, don’t wait to find out your legal options.
A Kentucky birth injury lawyer can help secure the compensation needed for your child’s care. They handle all aspects of the legal process, letting you focus on your family’s well-being and happiness.
Kentucky Birth Injury Lawyer FAQs
What is the statute of limitations on birth injury claims in Kentucky?
The statute of limitations (or deadline) on birth injury claims in Kentucky is 1 year from the date of injury or the baby’s death.
However, these laws are complex, and it is best to get professional legal help to find out what deadline applies to your specific case.
If you suspect your child’s birth injury could have been prevented, don’t wait to speak with an experienced Kentucky birth injury lawyer. Call the Birth Injury Justice Center today at (800) 914-1562 to see if we can connect you.
What is the average birth injury payout in Kentucky?
The average birth injury payout is $1 million. However, payouts vary depending on factors unique to each case, such as the severity and type of injury.
Talk to a Kentucky personal injury lawyer to learn how much your birth injury case may be worth. See if we can connect you right now with a free case review.
Can you sue a hospital in Kentucky after a birth injury?
Yes, you may be able to sue a hospital if your child developed a birth injury due to a health care provider’s negligence.
Medical negligence occurs when medical professionals fail to meet the standard of care. If your child was harmed during childbirth, you may be able to sue for a birth injury.
How do I know if my birth trauma was caused by a hospital’s negligence?
If you believe your child’s birth trauma was caused by a hospital’s negligence, connect with a Kentucky birth injury lawyer. If you are eligible, they can access and review your medical records and determine what happened to cause your child harm.
If medical negligence is to blame, an experienced Kentucky birth injury attorney can help determine the best steps to seeking financial compensation.