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In Need of a Birth Injury Lawyer in Kentucky?

Families who experienced birth injuries in Kentucky have every right to pursue legal action. Birth injuries can occur at any point during the pregnancy process, although they commonly involve medical malpractice during labor and delivery. Injured infants may suffer serious, life-altering injuries because of this negligence, and they may never fully recover. In addition, mothers may also suffer injuries while delivering their infants. Even if the infant emerges unharmed, the mother may be left with permanent health issues.

If you or your child experienced a birth injury in Kentucky, it is best to get in touch with an experienced birth injury attorney as soon as possible. Our lawyers have extensive experience with birth injury lawsuits and will guide you and your family throughout the lawsuit to recover money needed to take care of your child. Compensation can include future medical care, past medical expenses, lost wages, future loss of earning capacity, and emotional distress. Reach out to Hoffer & Sheremet, PLC, to learn more about your legal options.

What Can a Birth Injury Attorney in Kentucky Do for Me?

Kentucky has a population of about 4.5 million and is known around the nation as the “Bluegrass State.” Famous for its excellent farming and equestrian conditions, Kentucky has a rich history of agriculture. All of this drew Hoffer & Sheremet, PLC to expand their successful Michigan birth injury practice to Kentucky. (Attorney Stephanie Hoffer is also a farmer and horse lover whose family hails from Kentucky.)

Although Kentucky has many healthcare facilities that serve families and pregnant women, the population is unfortunately quite familiar with birth injuries. In 2019, the Courier-Journal reported that Kentucky hospitals offered variable degrees of safety to pregnant mothers. In particular, the Courier reported that the Harlan ARH Hospital had a worryingly high rate of birth injuries.

In fact, this hospital had seven times the normal rate of birth injuries across the nation and state. In total, 1.4% of all mothers suffered some kind of birth injury either to themselves or their infants while delivering at this hospital. Compare this to Michigan’s birth injury rate of 0.86%. A goal of Hoffer & Sheremet, PLC is to not only bring relief to victims of Kentucky birth injury malpractice but also to encourage healthcare providers in Kentucky to be safer with our mothers and babies.

Mothers and babies who suffered injury during labor and delivery in Kentucky need experienced birth injury lawyers.  The lawyers at Hoffer & Sheremet, PLC will aggressively pursue all appropriate legal avenues to ensure injured mothers and babies are awarded the compensation they deserve. Although it is not technically mandatory to hire a birth injury lawyer to file a birth injury lawsuit, one should consider the benefits of doing so:

  • Targeted Guidance: Relying on internet articles will only get you or an inexperienced attorney so far. While general information can provide you with a greater understanding of the basic legal process, only an experienced birth injury attorney can assess your unique situation during a consultation. During these initial consultations, birth injury lawyers can provide guidance and advice tailored to your specific circumstances. By specializing in birth injury, our attorneys have the knowledge, skill, and experience to quickly provide an initial evaluation of your potential case.
  • Investigation: The Kentucky birth injury attorneys of Hoffer & Sheremet, PLC fully investigate the circumstances surrounding the mother’s labor and delivery, and the child’s injury that resulted. This includes pre-suit investigation such as gathering relevant medical records and eyewitness testimony from family and friends. Once a lawsuit is filed, the investigation continues through the discovery process. The lawyers at Hoffer & Sheremet, PLC will serve written questions and requests for production of documents on the defendants. Additional crucial information is typically discovered during the defendant physician or nurse’s deposition. The lawyers at Hoffer & Sheremet, PLC are relentless in their investigation – the more information gathered results in a greater advantage. Because this is what we do, we know the medicine, we know what to ask for in discovery and we have a vast bank of expert witnesses to retain to assist us in pursuing your claim.
  • Negotiation Skills: There are typically opportunities to discuss settlement before your child’s birth injury case heads to trial. The lawyers at Hoffer & Sheremet, PLC are skilled negotiators and will attempt to resolve your claim for the most amount of money possible, allowing you to care for your injured child’s needs throughout their lifetime. The lawyers at Hoffer & Sheremet, PLC will never recommend you accept a “lowball” offer of settlement; our lawyers will be prepared to take your case all the way to trial.
  • Trial Representation: If a reasonable settlement cannot be reached before trial, the experienced trial lawyers at Hoffer & Sheremet, PLC will take your case to the jury. Our lawyers are well versed in the complex medical issues that will be raised at trial. They will call fact and expert witnesses and use demonstrative evidence to explain complex medical terminology to the jury and will aggressively combat the defendants’ arguments.

If you and your child were injured during labor and delivery, please contact Hoffer & Sheremet, PLC today for your free consultation.

How Much Can My Child Recover for Their Birth Injury Lawsuit 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.

Who Can I Sue for My Birth Injury in Kentucky?

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.

Suing for Birth Paralysis in Kentucky

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.

Suing for Injuries to the Baby or Mother During Pregnancy in Kentucky

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.

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Where Can I Find a Qualified Kentucky Birth Injury Attorney?

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.