Kentucky Birth Injury Lawyer
Birth injury lawsuits are a type of medical malpractice suit filed by families impacted by birth injuries. Birth injuries blindside families during a time normally meant for celebration. A Kentucky birth injury lawsuit may help a family receive justice through financial compensation and to cope with the costs of a lifelong injury to the child or mother.
Most Common Birth Injuries
Families may file birth injury lawsuits after many different types of birth injuries that occur at the time of delivery. Here are some of the most common birth injuries families experience:
- Bleeding in the brain: can result in the death of an infant or motor disorders and seizures
- Brain damage: may occur after oxygen deprivation and result in temporary or permanent injuries
- Brain swelling: may cause seizures or extensive cognitive developmental delays
- Cerebral palsy: may occur after head trauma or occasionally after oxygen deprivation
- Erb’s palsy (brachial plexus palsy): occurs when a baby’s neck stretches too far to the side
- Facial paralysis: loss of voluntary muscle movement caused by pressure on the facial nerve
- Hypoxic-ischemic encephalopathy (HIE): birth asphyxia that may result in permanent brain damage
- Skull fracture: often caused by the use of instruments like forceps or vacuum extractors
- Shoulder dystocia: when a baby’s shoulder gets stuck inside the mother’s pelvis during labor
An important consideration when deciding whether to file a birth injury lawsuit is that birth injuries are different from congenital disabilities. Birth injuries occur because of medical negligence, while congenital disabilities occur during gestation and usually have a genetic component. For example, spina bifida and Down syndrome are congenital disabilities that don’t result from medical malpractice.
Do I have a valid birth injury case according to Kentucky law?
Birth injury lawsuits represent a complex facet of personal injury law. Understanding statute of limitations and the steps required in filing a birth injury lawsuit isn’t a task that any family should have to deal with after the heartbreak of a birth injury. Speaking with a birth injury attorney is essential in determining whether a medical team was negligent before, during, or after birth.
The attorney’s team will investigate what may have caused the injury to determine whether a victim has a valid birth injury case. Investigations may look at prenatal negligence, negligence during pregnancy, negligence during labor, or medical malpractice and negligence after birth.
Determining the validity of a claim requires meeting and proving the following standards:
- A doctor-patient relationship existed, which necessitated a duty of care.
- The doctor or medical team breached the duty of care.
- The medical team’s actions directly caused the birth injury.
- The victim incurred losses or damages due to the birth injury.
During the investigation, the attorney and their team will need to procure and prepare several documents for the lawsuit. Those documents include the following.
- Medical records and test results related to the pregnancy
- Statements from medical or birth injury experts
- Witness statements
- SBAR (Situation Background Assessment Recommendation) communications
- Photos of the injury
Despite the incredible trauma of experiencing a birth injury, families must speak with a lawyer quickly to avoid missing their opportunity to file a birth injury lawsuit. In Kentucky, the statute of limitations for medical malpractice birth injuries is one year, according to KRS 413.140(1)(e). The one-year time limit begins when the injury is first discovered, according to KRS 413.170.
Do I need a birth injury lawyer?
The law is a complex arena that requires years of dedication from its lawyers, judges, and others involved in the day-to-day procedures of the court. Representing oneself in court is tricky and generally not recommended at any time, but especially with cases as serious as birth injury lawsuits.
The trauma of a birth injury can be overwhelming and make it almost impossible to concentrate, which is why an experienced lawyer makes such an important ally. The legal team at Levin & Perconti has secured millions for families in successful birth injury lawsuits.
Successful birth injury lawsuits won by Levin & Perconti include:
- $20 million verdict for a child who suffered a brain injury due to the negligence of nurses and residents during labor.
- $16 million settlement for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
- $14 million verdict for a child who suffered a brain injury due to lack of oxygen during birth.
- $11.5 million settlement for a child with hypoxic-ischemic brain injury.
- $9 million settlement for a baby who suffered permanent brain damage as a result of a doctor’s failure to test the mother for Group B Strep Meningitis during prenatal care.
- $6.5 million for a newborn brain injury due to a lack of competent medical professionals during a neonatal resuscitation.
How much is my birth injury claim worth?
A wealth of factors impacts a family’s amount when they file a birth injury claim. However, two key factors may influence the amount of a settlement; the severity of the injury or injuries and the economic damages suffered by the family.
According to statistics compiled by the Bureau of Justice Statistics, most personal injury lawsuits don’t go to a jury or bench trial. A bench trial is when there is no jury, and the lawyers present their cases directly to the judge.
Since most medical malpractice and wrongful death lawsuits reach a settlement decision before the trial, a lawyer’s advocacy is crucial for families seeking compensation for their emotional and monetary losses. It’s wise to handle settlement negotiations with the help of a successful and competent firm like Levin & Perconti.
A birth injury lawyer at Levin & Perconti is ready to help guide you through the process of filing a birth injury lawsuit and obtaining the compensation you deserve.
How can the Kentucky birth injury lawyers at Levin & Perconti help me?
Every family wants a smooth delivery, but childbirth is an inherently stressful and demanding experience for expectant mothers and their families. Suffering a birth injury can transform a happy event into a tragedy or an experience with lifelong consequences to mother and baby.
Receiving a settlement from a birth injury lawsuit may not eliminate the emotional pain of a birth injury, but it can help make it easier to bear. Levin & Perconti are nationally recognized attorneys with verifiable and exceptional results in birth injury lawsuits.
Contact the lawyers of Levin & Perconti today for a free consultation. We’ve secured hundreds of millions of dollars for our clients, and we want to help you in your quest for justice. Let us get your family the compensation you deserve from your birth injury lawsuit.
About Our Birth Injury Lawyers
Dov Apfel and Seth Cardeli are two of the leading birth injury attorneys in the nation. They have litigated cases throughout the United States and at the federal level, and are passionate advocates for the families they represent. Dov Apfel is nationally known for his high level of medical knowledge, and acts as a resource for attorneys, judges, and healthcare providers throughout the country. He has been practicing in the field of birth injury for over 40 years and was the recipient of the Dan Cullan Memorial Lifetime Achievement Award presented by the AAJ Birth Injury Trauma Litigation Group in 2011. Apfel and Cardeli have presented at dozens of educational events and written for numerous publications. In 2020, they secured one of the top five highest medical malpractice settlements in the nation.
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.