Louisville Birth Injury Attorneys
At Dolt, Thompson, Shepherd & Conway, PSC, we represent parents of newborns who have suffered trauma during birth because of the malpractice of a medical professional. Our team of birth injury lawyers in Louisville provide legal assistance for injured mothers and infants. Our skilled Louisville birth injury attorneys fight for compensation that gives parents the resources to provide their injured child with the best care possible.
Over the past 30 years, we have secured verdicts in excess of $20 million in birth injury cases.
Most law firms are unable to provide the time and resources necessary to effectively handle a birth injury lawsuit, specifically as it relates to obstetric malpractice. Our law firm has the experience and financial resources that are needed to go up against hospitals, physicians and their large insurance companies. Our firm handles birth injury cases throughout Kentucky, so please don’t wait to give us a call: (502) 244-7772 .
If your child is the victim of a birth injury, contact a Louisville birth injury attorney from Dolt, Thompson, Shepherd & Conway, PSC for legal assistance with a birth injury claim in Kentucky. Our law firm offers a free initial consultation and handles all cases on a contingency fee basis.
Louisville Birth Injury Resources
- Common Causes of Birth Injuries
- Common Types of Birth Injury
- Birth Defect vs Birth Injury
- Statute of Limitations for Kentucky Birth Injury Claims
What Is a Birth Injury?
A birth injury involves harm to a baby that occurs before, during, or immediately after birth. When a complication arises during pregnancy, labor, or delivery, doctors and nurses must act quickly, making sound decisions that keep the newborn safe and healthy.
Notable Case Results
Our team of specialized birth injury attorneys in Louisville have represented numerous clients with a range of complex birth injury cases and successfully recovered compensation. Some notable case results include:
- $18,270,092 Verdict: Jury verdict against a hospital because the nurse failed to monitor the baby during labor. As a result, the baby suffered from hypoxic-ischemic encephalopathy.
- $7,000,000 Settlement: Settlement in eastern Kentucky involving a nurse and obstetrician who failed to recognize fetal distress. As a result, the baby suffered hypoxic-ischemic encephalopathy causing Cerebral Palsy.
- $5,500,000 Settlement: Settlement against a doctor and hospital in Jefferson County, Kentucky for cerebral palsy caused by the failure to timely perform a cesarean section.
- $2,500,000 Settlement: Medical negligence settlement for a physician’s failure to timely perform a cesarean section resulting in the baby having a hypoxic-ischemic encephalopathy and developed Cerebral Palsy.
Common Causes of Birth Injuries
Of every 1,000 infants born in the United States, 6-8 of them are born with a birth injury due to medical malpractice. That equates to approximately 28,000 babies per year. Birth injuries can be caused by a great number of issues, including medication errors, lack of adequate supervision or oversight, surgical mistakes, hospital error, equipment malfunctions, and other slip-ups.
However, birth injuries are most likely to occur when a doctor:
- Fails to monitor a baby for signs of fetal distress
- Fails to perform an emergency C-section
- Pulls too hard on the baby in the birth canal during vacuum extraction delivery
- Does not provide appropriate prenatal care to the mother or fetus
Certain circumstances may also make birth injuries more likely, including a narrow pelvis in the mother, maternal diabetes, maternal infection, prolonged labor, a preterm baby, a large baby, a baby in the breech position, or other conditions that make the labor process especially difficult for the mother and child.
Our Louisville medical malpractice attorneys know there is no excuse for medical negligence that leads to a birth injury. Doctors and nurses are trained to identify potential risk factors and signs of distress in a new born and should know how to respond appropriately. If they don’t, it is a serious breach of their duty of care to both mother and baby.
What Are Common Types of Birth Injury?
Depending on the type of medical malpractice or incident you experience, the nature of your child’s birth injury may vary. Birth injuries can come in many different forms, though some are more common than others. The following are some of the common most common birth injuries:
Brain injuries in particular manifest in several different ways. However, most brain injuries caused during labor and delivery occur as a result of oxygen deprivation. These types of injuries include the following:
Cerebral palsy is the leading birth injury related to brain trauma or oxygen deprivation. This condition is estimated to affect 800,000 children in the United States, with 8,000-10,000 new cases diagnosed each year. In most cases, cerebral palsy and other birth injuries caused by oxygen deprivation and brain damage are entirely preventable if the medical practitioner responds appropriately in the delivery room.
Muscle-related injuries are another common form of birth injuries. These types of injuries often occur when a medical practitioner pulls or twists too hard on an infant while they are still in the birth canal. Common muscle-related birth injuries include:
- Erb’s palsy or Klumpke’s palsy
- Brachial plexus injuries
- Shoulder dystocia injuries
These injuries often occur when a medical practitioner damages a baby’s upper extremities or nerves during delivery. Symptoms of muscle-related injuries include weakness, loss of feeling, and inability to use muscles in the affected limb. Typically, muscle-related injuries are easier to diagnose, because physicians can more easily pinpoint the location and cause of the child’s symptoms.
Sometimes, birth injuries may be passed on to a child from the mother due to an infection in the mother’s birth canal, including the group B strep infection or meningitis. Approximately 25% of mothers carry these infections in their birth canal without any symptoms or knowledge of these infections. Other birth injuries may be caught from the mother during pregnancy, including folic acid deficiency, anemia, and spina bifida.
All of these are infections are preventable if a medical practitioner properly screens and prescribes treatment for them. If this does not happen and the child is injured as a result, the negligent medical practitioner may be held liable.
If your baby suffered from any of these conditions or other birth trauma, call a Louisville birth injury attorney from our firm immediately to discuss your birth injury case: (502) 244-7772 . Consultations are FREE!
The Difference Between Birth Defects & Birth Injuries
While many people may equate the terms “birth defect” and “birth injury,” these are two unique medical conditions with different causes and treatments. The main difference between birth defects and birth injuries is that birth defects occur before the child is born and birth injuries occur during or immediately following labor and delivery.
A birth defect is a health problem that occurs due to the child’s biology or external factors, such as the mother smoking or drinking during her pregnancy. A birth injury, on the other hand, is caused by complications during labor or delivery. Sadly, in many cases, birth injuries are entirely preventable. Learn more about the differences between birth defects and birth injuries here.
What Is The Time Limit to File a Birth Injury Claim in Kentucky?
If your child suffered a birth injury, you must act fast to hold the liable parties responsible for their careless actions. In Kentucky, the injured party has one (1) year from the date of injury to take legal action and file a birth injury claim against any medical professional, hospital, or other licensed medical facility. Under certain circumstances, the injured party may have up to five (5) years from the date of the negligent act or omission to file a birth injury case. Typically, the one-year limit is only extended if the injured party did not know the injury had taken place.
We handle a small number of cases at any given time. This provides each client with very personalized attention from our Louisville personal injury attorneys. Our firm’s successes representing birth injury cases are rooted in the way we approach each injured client and his or her concerns as we seek fair compensation.
Contact Our Nationally Recognized Kentucky Birth Injury Firm
At Dolt, Thompson, Shepherd & Conway, PSC, we help parents get the compensation they need to provide for their children — now and years from now. In addition to seeking compensation for medical expenses, our birth injury attorneys in Louisville, KY are able to help parents set up trusts and establish caregivers to ensure the child is well taken care of for life. Let a Louisville birth injury lawyer at our firm help your family through this difficult time.
- Product Liability Settlement $95 Million
- Hospital Liability Settlement $55 Million
- Product Liability Settlement $30 Million
- Truck Accident Jury Verdict $27.3 Million
- We Have Some of the Largest Verdicts & Settlements in KY
- Our Senior Partner is an Inner Circle of Advocates Member
- We Have Over 5 Decades of Experience
- In-House Medical Staff to Assist in Case Preparation & Investigations
- You Won’t Pay Any Upfront Costs
- Respected Among Other Firms For Our Reputation in Handling Complex Cases