Experienced Birth Injury Attorney in Kentucky

The compensation you and your child may recover in a birth injury lawsuit will depend on the strength of the facts of the lawsuit and the severity of the injuries suffered. These losses can be financial, emotional, or psychological in nature. In Kentucky, a plaintiff may seek economic, non-economic and punitive damages.

Economic damages are considered financial losses. In birth injury cases, economic damages typically include past medical expenses, future medical care for your child, loss of your child’s future earning capacity, and sometimes, wages for a parent who must quit work to care for the injured child. Plaintiffs can use evidence like receipts, medical bills, and pay stubs to support their claims. Hoffer & Sheremet, PLC will also retain special experts such as economists and life care planners to explain the cost of your child’s future needs to the jury.

If a mother also suffered injuries during the labor and delivery, she could be compensated for time lost from work, loss of future earning capacity, medical expenses, and other out-of-pocket expenses associated with her recovery. If mother or baby died during the labor and delivery, their family would be entitled to claim financial compensation for funeral and burial expenses.

Non-economic damages in Kentucky include pain, suffering, inconvenience, and physical impairment. Typically, we think of these damages as emotional or psychological in nature. Non-economic damages can be more difficult to calculate since plaintiffs cannot simply point to receipts or medical bills that illustrate their costs. Instead, they are typically proven by testimony of family members, friends, treating physicians and mental health providers. For example, if the mother suffered a traumatic labor and delivery that resulted in the loss of her baby, her family, friends, and even therapist can give specific examples of how she has had to deal with this emotional trauma.

Kentucky allows a plaintiff to request punitive damages. These damages are meant to punish and deter future behavior, but the burden is higher. The plaintiff must prove the conduct was willful or grossly negligent and resulted in wrongful death.

At the end of the day, the value of your and your child’s birth injury lawsuit is based on both economic and non-economic damages. During a consultation with our qualified birth injury attorneys, you can get a sense of how much compensation you and your child may claim in a birth injury lawsuit.

Typically, birth injury lawsuits are brought against the hospital where the delivery took place, the physician or midwife who delivered the baby, the nurses who monitored the mother and baby during delivery, and in some cases, depending on the cause of the injury, the physician who provided pre-natal care.

Partial infant paralysis or weakness may occur for several reasons, sometimes due to medical malpractice. Often, this injury is due to a brain injury caused by lack of oxygen or a damaged or destroyed nerve. Brachial plexus injuries may lead to a range of issues, including brachial palsy. Cerebral palsy is another potential injury, as is facial nerve palsy (Bell’s Palsy).

Often, parents immediately detect paralysis in their children because they can only use parts of their body. For example, a baby with facial paralysis may emerge from the womb and use only one side of their face when crying. The paralyzed portions of their body may show little to no active movement.

Sometimes, with conditions such as cerebral palsy, the full extent of the paralysis may not be known until the baby matures but will be suspected if your baby suffered hypoxic ischemic encephalopathy. In addition to paralysis, babies with cerebral palsy could have significant muscle weakness (hypotonia) or have tight muscle contractions and spasms (hypertonia). If your baby shows these signs, and there were issues during your childbirth, you may be eligible to file a birth injury lawsuit in Kentucky. Contact our birth injury lawyers to determine whether your child’s condition may have been caused by medical malpractice.

As previously noted, some birth injuries occur before the actual delivery and while the mother is still pregnant. For example, an ultrasound might be misinterpreted, resulting in a failure to timely diagnose a birth defect that needs to be surgically treated at the time of birth. Or fetal growth restriction might be missed, causing injury from failure to monitor the baby. This is a relatively sensitive process, and doctors must monitor the safety of their pregnant patients at all times. Any negligence that causes injuries or harm to the infant may constitute medical malpractice.

If you are searching for an experienced Kentucky birth injury attorney, contact Hoffer & Sheremet, PLC today. Over the years, we have helped numerous injured plaintiffs achieve positive results, including families who have been affected by birth injuries. Pregnant mothers and their infants deserve to be treated by doctors and medical professionals who take their responsibilities seriously.

Those who commit acts of negligence and malpractice must be held accountable, as this can help prevent innocent victims from being harmed in the future. Book your consultation today to learn more about your legal options and pursue the compensation you need and deserve.