Bringing a child into the world is supposed to be a wonderful experience. You waited months to meet your bundle of joy, but due to someone else’s negligence, you and your child were placed in danger. A birth injury can change the course of your family’s life. A Kentucky birth injury lawyer can help you get justice.
Continue reading to learn more about birth injuries in Kentucky and how an experienced lawyer can help navigate the legal process.
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Kentucky Birth Injury Guide
- What Choose Gray & White After a Birth Injury?
- How Much Is My Birth Injury Case Worth?
- What Should I Know About Birth Injury Cases?
- How Can a Kentucky Attorney Help Me If My Family Wants to Sue After a Birth Injury?
- What to Do After a Birth Injury Accident in Kentucky?
- Contact a Kentucky Birth Injury Lawyer Today!
What Choose Gray & White After a Birth Injury?
Birth injuries are serious and involve the most vulnerable members of your family- your children. The Kentucky birth injury attorneys at Gray & White know how important it is to protect yourself and your family after a birth injury accident. We come alongside families who are seeking compensation after a birth injury.
Families that have a child who suffered a birth injury can expect from us:
- Quality representation that focuses on your family’s well-being
- Help assert your rights against large insurance companies representing the hospital or medical providers
- A partner in getting your family the closure that they deserve after a birth injury
If your child suffered a birth injury, you can rely on the experienced Kentucky birth injury attorneys at Gray & White. We are here to help bring negligent parties to justice and provide your child with the best life possible.
How Much Is My Birth Injury Case Worth?
The value of a birth injury case in Kentucky depends on several key factors, including the severity of the injury, the medical costs, and the impact on your child’s future. While every case is unique, settlements and verdicts in birth injury cases can range in value, depending on your circumstances.
Here are some factors that determine the value of a birth injury case:
Current and Future Medical Expenses
Families might be entitled to recover for the cost of their current and future medical expenses if their child suffers from a birth injury. It includes the cost of hospital bills, surgeries, medications, and ongoing medical treatments related to the birth injury.
Rehabilitation and Therapy Costs
Depending on the injury, your child might require ongoing physical therapy, occupational therapy, or speech therapy to improve your child’s quality of life.
Lifelong Care and Special Needs Costs
If the injury causes permanent disabilities, compensation may include the cost of specialized care, medical equipment, home modifications, and assisted living. Your child deserves to have the things that they need to make the most of their lives after a birth injury.
Pain and Suffering
Compensation for the physical pain, emotional distress, and diminished quality of life caused by the injury encompasses pain and suffering damages. It can often be difficult to prove the pain and suffering that you, your child, and the rest of your family suffered because of the injuries. An attorney will review the facts of your case, your child’s medical records, and other key pieces of evidence to help show insurance companies or the court how much your family has suffered.
Loss of Future Earning Potential
If the injury impacts the child’s ability to work later in life, damages may cover lost earning capacity.
To calculate the true value of your claim, contact an attorney. Your lawyer will help evaluate your case and determine if you and your family are entitled to financial compensation after a birth injury.
What Should I Know About Birth Injury Cases?
Our attorneys represent people with many different types of stories about their children and birth injuries. We know how serious this situation is and are committed to protecting you despite its complexities. Here are some common reasons for birth injuries:
Wrongful Death Due to Birth Injuries
Some families face the ultimate price for medical negligence. Our lawyers help families pursue compensation from healthcare providers when their negligence results in the death of their child.
Maternal Infections
If a mother’s infection or medical condition is not treated, it can lead to premature birth, brain damage, and birth defects. An experienced birth injury attorney can help your family gain full and fair financial compensation.
Spinal Cord Injuries and Nerve Damage
Your child might suffer from a spinal cord injury because of excessive pulling, forceful delivery techniques, or improper use of medical tools. Getting what you deserve is easier when you have an experienced advocate working on your side.
Birth Asphyxia
Birth asphyxia happens when a baby’s oxygen supply is cut off during labor, and it can lead to long-term disabilities, cognitive impairments, or organ failure. Let one of our attorneys help you get what you deserve after a birth injury.
Forceps and Vacuum Extraction Injuries
The improper use of forceps or vacuum extractors can cause skull fractures, brain bleeds, nerve damage, and facial paralysis, along with other complications. Your child might feel the effects of this type of medical negligence for the rest of their lives, so having an attorney to protect their rights is essential.
Delayed or Failed C-Section Cases
If a doctor fails to perform a C-section in time, the baby can suffer oxygen deprivation, brain injuries, or trauma that can have effects on the child for the rest of their life. They deserve the legal protection that an experienced lawyer can provide for them.
Oxygen Deprivation Cases
The lack of oxygen during birth can cause brain damage, seizures, or developmental delays. A lack of oxygen can result from umbilical cord issues, prolonged labor, or failure to perform an emergency C-section.
Erb’s Palsy and Brachial Plexus Injuries
Erb’s palsy happens when a baby’s shoulder is stretched or damaged during delivery, and this injury is often caused by excessive force during birth, shoulder dystocia, or improper use of delivery tools. An attorney can help protect your child after a birth injury.
Cerebral Palsy Cases
Negligent medical providers who fail to provide proper care to their patients can cause serious issues that can lead to cerebral palsy as a medical complication. Our attorneys can help assert your rights against a negligent medical provider.
Birth injuries are preventable. If your child has suffered from one of these preventable birth injuries, you deserve answers and financial compensation. Our Kentucky birth injury lawyers are ready to fight for you and your family. Contact us to get started.
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How Can a Kentucky Attorney Help Me If My Family Wants to Sue After a Birth Injury?
Having an attorney will offer your family the peace of mind that you deserve after living with the effects of a birth injury. Getting the compensation that you need after a birth injury involves working with insurance companies. Dealing with the hospital’s insurance company can come with enormous challenges. Here is how an attorney can assist your family:
Investigate and Prove Medical Negligence
An attorney can help by investigating the cause of your child’s injury and determining if there was medical negligence. To fully understand what happened, your attorney will review medical records and work with medical experts to determine if doctors, nurses, or the hospital were negligent.
Your lawyer will gather evidence, including fetal monitoring reports, labor and delivery notes, and witness statements, to build a strong case.
Handle All Insurance Companies
Having an attorney means you do not have to have the added stress of dealing with the insurance company so that you can focus on your child’s well-being. Your lawyer will negotiate aggressively with devious insurance companies on your behalf so you are not taken advantage of by these companies. Your lawyer will also review all settlement offers to ensure that the offer covers both immediate and long-term care needs.
Calculate the Full Value of Your Claim
Birth injuries can lead to lifelong medical expenses. Your attorney will fight for compensation, including past and future medical expenses, rehabilitation and therapy costs, assistive devices and home modifications, pain and suffering, and punitive damages in cases of severe medical negligence.
Challenge Insurance Denials or Delays
Insurance companies often deny birth injury claims by arguing that the injury was a natural complication or preventable. Your attorney will fight back with medical evidence and expert testimony to prove negligence. If the insurer delays payment, your lawyer will ensure they comply with Kentucky laws and push for a timely resolution.
File a Birth Injury Laws If Necessary
Kentucky parents with children suffering from a birth injury have the right to file a birth injury lawsuit. If the insurance company refuses to offer fair compensation, your attorney can file a medical malpractice lawsuit against the party responsible.
Protect Your Family’s Future
Having proper legal representation can help secure your family’s future. Your child might live with lifelong challenges and complications because of the birth injury. A skilled attorney ensures you receive the financial support needed to provide the best possible care for your child.
What to Do After a Birth Injury Accident in Kentucky?
If your child has suffered a birth injury in Kentucky, taking the right steps early can help protect their future and ensure your family gets the justice and compensation you deserve. Here is what you should do to protect your family and your legal claim:
Seek Immediate Medical Attention
If you suspect that your child suffered a birth injury because of medical negligence, seek medical attention immediately. Request a full medical report and keep detailed records of symptoms, diagnoses, and treatments.
Get a Second Medical Opinion
Getting a second opinion regarding your child’s medical status might be a practical decision. Some birth injuries are not immediately apparent. A second opinion can confirm the extent of the injury and its cause.
Document Everything
Presenting sufficient evidence of your loss is key to recovering full and fair compensation after a birth injury. Keep copies of medical records, hospital bills, prescriptions, and doctor’s notes. Write down your concerns about the medical care you received before, during, and after birth.
Avoid Talking to Insurance Companies Without a Lawyer
Contacting an opposing insurance company without first speaking to an attorney is never a good idea. Hospitals and insurance providers may try to offer a quick settlement that is far less than what your child may need for long-term care. A lawyer can handle negotiations and ensure you receive the compensation your family deserves.
Explore Financial and Medical Support Options
After a birth injury, you will likely want to seek alternative financial and medical support for your child. Depending on your child’s condition, they may qualify for financial assistance, therapy programs, or special education resources. Your attorney can guide you through available programs and legal options.
Take Legal Action If Necessary
It might be time to take legal action after a birth injury. If medical negligence caused your child’s birth injury, you have the right to file a lawsuit against the party responsible. Compensation can cover medical bills, therapy, assistive devices, and lifelong care needs.
Contact a Kentucky Birth Injury Lawyer
After suffering through something as traumatic as a birth injury with your child, you need legal assistance. Birth injury cases can be complex, and Kentucky law has strict deadlines for filing a medical malpractice claim, typically one year from when you discovered or should have discovered the injury.
An experienced birth injury lawyer can investigate your case, determine liability, and fight for compensation for medical expenses, ongoing care, and emotional distress.
Contact a Kentucky Birth Injury Lawyer Today!
Matt White, Kentucky Birth Injury Lawyer
The birth of your child should be a time of joy, not distress caused by medical negligence. If your newborn has suffered a birth injury in Kentucky, you have the right to seek justice and secure the compensation necessary for their care. It’s best to contact a Kentucky personal injury lawyer as soon as possible.
At Gray & White, our experienced attorneys know what you need to prove to win a birth injury case. We will advocate for your family to hold responsible parties accountable. We understand your emotional and financial challenges and are committed to guiding you through this difficult time.
Call Gray & White now to schedule an initial consultation. Let us help you secure the justice and compensation your family deserves.