Louisville Birth Injury Attorneys
Legal Assistance for Injured Mothers & Infants in Kentucky
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. 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. We seek compensation that gives parents the resources to provide their injured child with the best care possible. Our firm handles birth injury cases throughout Kentucky, so please don't wait to give us a call.
If your child is the victim of a birth injury, contact an attorney from Dolt, Thompson, Shepherd & Conway, PSC. Our firm offers a free initial consultation and handles all cases on a contingency fee basis.
We Have the Time & Resources to Handle Your Case
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 firm has the experience and financial resources that are needed to go up against hospitals, physicians and their large insurance companies.
Over the past 30 years, we have secured verdicts in excess of $20 million in birth injury cases involving:
- Brain damage, including cerebral palsy
- Fetal monitoring negligence
- Lack of oxygen
- Shoulder dystocia/Erb’s palsy
- Collar bone injuries
- Forceps or vacuum extraction injuries
- Compression of the umbilical cord or nuchal cord
- Hypoxic ischemic encephalopathy (HIE)
- Failure to perform a C-section
How Are Birth Injuries Caused?
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. 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.
Unfortunately, medical malpractice is a leading cause of birth injuries in infants. 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 due to medical malpractice can happen when medical practitioners fail to monitor a baby for signs of fetal distress, fail to perform an emergency C-section, pull too hard on the baby in the birth canal, or simply do not know what to do in the delivery room.
What Are The Most Common Types of Birth Injury?
Depending on the type of mistake or incident you experience, the nature of your child’s birth injury may vary. Injuries can come in many different forms, though some are more common than others. The most common types of birth injuries include brachial plexus injuries (shoulder nerves), bone fractures, brain injuries, facial paralysis, spinal injuries, cerebral palsy, and perinatal asphyxia (breathing complications).
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
- Anoxia and hypoxia
- Hypoxic ischemic encephalopathy (HIE)
- Brain hemorrhage
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 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.
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 due to 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.
What Are My Legal Options After a Birth Injury?
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 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. 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. Our firm’s successes are rooted in the way we approach each injured client and his or her concerns as we seek fair compensation.
Contact Our Nationally Recognized 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, 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 us help your family through this difficult time.
Contact our Louisville birth injury lawyers at (502) 242-8872 to learn how we can help. Initial consultations are free.
Failure to Recognize Fetal Distress $7 Million
Failure to Perform C-Section $5.5 Million
Failure to Perform C-Section $2.5 Million
Failure to Perform C-Section $730 Thousand
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