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Kentucky Birth Injury Lawyers
Legal help when a birth injury harms your child in Lexington or Louisville
A birth injury, or birth trauma, is a physical injury that happens to an infant during the birth process. One of the first considerations is to evaluate whether a birth injury is due to negligence as opposed to a congenital birth defect that was not caused by the fault of any care provider.
The highly trained and experienced Kentucky birth injury attorneys at Crandall & Pera Law can help determine the facts of your case and whether compensation for the catastrophic injuries that birth injury/birth trauma causes is warranted. Contact us today.
What is a birth injury?
Merck Manual defines birth injuries as follows: “Birth injury is harm that can happen to a baby during the birthing process, usually in the process of passing through the birth canal.”
They go on to note, “Birth injuries are most commonly due to the natural forces of labor and delivery. Injuries are more likely to occur during a difficult delivery, which may occur because of fetal size, fetal position, forceps or vacuum-assisted delivery, or other factors.”
What are common birth injuries in Kentucky?
Birth injuries are injuries that occur during the process of childbirth. They can affect the newborn and sometimes the mother. Common birth injuries include:
- Brachial plexus injuries (Erb's palsy): This condition involves damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand. Causes of Erb’s palsy include difficult deliveries, especially when there is shoulder dystocia (when a baby's shoulders are too large to pass through the birth canal).
- Cerebral palsy: This condition includes a group of disorders affecting movement and muscle tone or posture. A lack of oxygen to the baby's brain during delivery, prematurity, or infections can all cause cerebral palsy.
- Fractures: Delivery sometimes leads to broken bones, most commonly the clavicle (collarbone). Difficult deliveries, especially with larger babies, can lead to broken bones, as can breech births.
- Cephalohematoma: This condition involves a collection of blood between a baby's scalp and the skull. Typically, the cause of this is the use of forceps or vacuum extraction during delivery.
- Caput succedaneum: Similar to cephalohematoma, this condition involves the swelling of a newborn's scalp. The cause of this is often pressure on the baby's head during passage through the birth canal, and it occurs sometimes with vacuum extractions.
- Facial nerve injury: Damage to the facial nerve can cause the loss of voluntary muscle movement in the face. This condition is usually caused by use of forceps during delivery, or a prolonged labor.
- Hypoxic-ischemic encephalopathy (HIE): This condition involves brain dysfunction caused by a reduction in oxygen and blood flow to the brain. Complications during birth, such as umbilical cord problems, placental abruption, or prolonged labor, may cause HIE.
- Intracranial hemorrhage: Bleeding inside the skull may occur, often because of prematurity, use of vacuum or forceps, or other types of difficult deliveries.
If you believe that medical negligence or malpractice caused your child’s birth injury, consulting with an experienced Kentucky birth injury attorney at Crandall & Pera Law can help determine the best course of action. We can evaluate medical records, consult with medical experts, and guide you through the legal process to seek compensation for injuries and associated costs.
Who is liable for my Kentucky birth injury claim?
Determining liability for a birth injury claim in Kentucky involves identifying who was responsible for the injury and proving that their negligence caused harm. Potential parties that you may be able to hold liable include:
- Obstetricians and gynecologists: These doctors can be liable if they fail to provide the appropriate standard of care during pregnancy, labor, or delivery. Examples include not performing a necessary C-section in time, improper use of delivery tools like forceps or vacuum extractors, or mismanaging complications.
- Nurses and midwives: Nurses and midwives involved in the delivery can be liable if their actions or inactions contributed to the birth injury. This can include failure to monitor the mother and baby adequately, not following the doctor's instructions, or mishandling the delivery.
- Hospitals and medical facilities: The facility where the birth took place might be liable if there were systemic issues such as inadequate staffing, poor training, lack of proper protocols, or defective equipment. Hospitals can also be vicariously liable for the negligence of their employees.
- Anesthesiologists: If an anesthesiologist made errors in administering anesthesia that led to complications or injuries during birth, they could be held liable.
- Pharmaceutical companies: In rare cases, if a birth injury was caused by a defective drug a doctor prescribed during pregnancy or delivery, the manufacturer or distributor of the drug could be liable.
- Prenatal care providers: Healthcare providers who provided care during the pregnancy can be held liable if they failed to identify or properly manage conditions that led to birth injuries.
To pursue a birth injury claim, you typically need to establish the following elements:
- Duty of care: You must prove that the healthcare provider owed you and your baby a duty of care.
- Breach of duty: You must show that the healthcare provider breached this duty through negligence or substandard care.
- Causation: You must demonstrate that this breach directly caused the birth injury.
- Damages: You must prove that you and your baby suffered harm, such as physical injury, medical expenses, and emotional distress, as a result of the birth injury.
Determining liability in a birth injury case can be complex and requires a thorough investigation and legal resources. Consulting with a qualified and experienced Kentucky attorney at Crandall & Pera Law can be crucial to ensure you receive the compensation you deserve.
What is the value of my Kentucky birth injury claim?
The value of a Kentucky birth injury claim depends on several factors, including the severity of the injury, the impact on your child's and family’s life, and the specifics of your case. Here are a few key elements that can influence the value of your claim:
- Medical expenses: Compensation can cover all medical expenses related to the birth injury, including hospital stays, surgeries, therapies, medications, and ongoing care. Costs for special equipment, therapy, and any necessary accommodations for the child’s needs also fall into this category.
- Lost wages and earning capacity: Compensation can also cover wages lost due to the need for parents to take time off work to care for the injured child. If the injury affects the child's ability to work in the future, compensation may also cover their potential future earnings.
- Pain and suffering: Damages include compensation for your child's physical pain and suffering as a result of the injury. Compensation for emotional and psychological impacts on your child and family includes coverage for stress and trauma.
- Permanent disability or disfigurement: If the injury results in permanent disability or disfigurement, compensation will be higher to account for the long-term impact on the child’s quality of life.
- Loss of consortium: Compensation can also address the effect of the injury on family relationships, including the loss of companionship and support.
Additional factors include:
- The severity of the injury: More severe injuries typically result in higher compensation amounts.
- Evidence of negligence: Strong evidence proving that the injury resulted from medical negligence can significantly impact the claim’s value.
- Insurance coverage and settlement: The availability of insurance coverage and the willingness of parties to settle can influence the final amount of compensation.
Potential components of compensation include the following:
- Medical expenses: Full coverage for past and future medical costs
- Lost income: Reimbursement for lost wages and future earning capacity, if applicable
- Pain and suffering: Up to a substantial amount, depending on the severity and duration of the suffering
- Disability or disfigurement: Higher compensation for permanent injuries
- Death benefits: In the unfortunate event of a death, compensation for funeral expenses and loss of financial support
The exact value of your birth injury claim will depend on the individual circumstances and damages you and your family suffered. Consulting with our knowledgeable attorneys in Kentucky who understand birth injury cases can provide you with a more accurate estimate and help you navigate the legal process to ensure you receive appropriate compensation. Talk to the medical malpractice lawyers at Crandall & Pera Law today.
How can your Kentucky law firm help with my birth injury case?
If you are dealing with a birth injury case in Kentucky, Crandall & Pera Law can provide crucial support throughout the process. Initially, we will evaluate the merits of your case by reviewing medical records and consulting with medical experts to determine if negligence or malpractice was involved. This assessment is essential for understanding the nature of the injury and the standard of care that the doctor or facility should have provided.
Gathering evidence is another critical step. We will help collect all relevant medical records, including those from prenatal, delivery, and postnatal care. Our attorneys also gather witness statements from healthcare providers and family members and engage medical experts to provide testimony on the standard of care and how the provider breached that standard.
Legal representation is key. Our firm will handle all legal paperwork and ensure that your claims are filed within the statute of limitations. We will negotiate with insurance companies and other parties to seek a fair settlement and, if necessary, represent you in court to present your case before a judge or jury.
Calculating compensation involves assessing all potential damages, including medical expenses, lost wages, pain and suffering, and future costs related to the injury. We will work with financial experts to ensure that you receive full compensation for both immediate and long-term needs.
Navigating the legal system can be complex, but our Kentucky birth injury attorneys can guide you through procedures, handle communication with opposing parties and the court, and keep you informed throughout the process. We provide emotional support and can connect you with resources, such as medical professionals or support groups, to assist with recovery and well-being.
Finally, we will develop a strategic plan tailored to your case to achieve the best possible outcome, whether through settlement or trial. We can also handle any post-trial matters or issues that arise during the compensation process, ensuring that you receive any awarded damages promptly.
Talk to our Kentucky birth injury attorneys today
If you or a loved one has experienced a birth injury in Kentucky, it is important to seek expert legal help to ensure your rights are protected and you receive the compensation you deserve. Contact the experienced lawyers at Crandall & Pera Law today to schedule a consultation, and let us guide you through the complex legal process, gather the necessary evidence, and advocate for your best interests. Take the first step towards justice and recovery by reaching out to us today. Call our offices to schedule a free consultation, or you may use our contact form. We maintain offices in Lexington and Louisville for your convenience.