Bardstown Birth Injury Attorney

It is important to remember that although labor and delivery are common and natural occurrences, childbirth must be handled carefully and appropriately. The health of a mother and her baby should be carefully monitored before, during, and after delivery, and the obstetric team must always provide a professional standard of care that protects the safety of the mother and her child.

The obstetric team can include the following:

• OB-GYN
• Nurses (2-4)
• Anesthesiologist
• Pediatrician
• Student Doctors

If any member of the obstetric team fails to provide this level of care, permanent injury and disability may result from substandard care. Birth injuries caused by medical malpractice occur because of a medical professional’s failure to provide the appropriate quality of care and treatment. Obstetric negligence may include:

• Failure to diagnose serious medical conditions during prenatal care
• Failure to adequately monitor the health of the mother during labor and delivery
• Failure to adequately monitor the health of the fetus during labor and delivery
• Failure to detect signs of fetal distress
• Delay in ordering a Caesarean section
• Surgical error during Caesarean section
• Anesthesia error
• Failure to take appropriate medical interventions
• Improper use of delivery tools including forceps and vacuum

According to the Centers for Disease Control and Prevention, in 2022, there were 2,486,963 vaginal deliveries and 1,178,066 cesarean deliveries. The vast majority of those deliveries happen without serious complications. However, delayed interventions and failure to monitor the fetus during labor and delivery can lead to oxygen deprivation, traumatic brain injury, and fetal death. Surgical errors and improperly assisted delivery can cause nerve damage, brain injury, bleeding, and other serious complications.

Common birth injuries caused by obstetric negligence include:

• Birth defects from chemical exposure and prescription error
• Brachial Plexus Injury (Erb’s Palsy)
• Brain hemorrhage or bleeding of the brain
• Broken bones
• Cerebral Palsy
• Facial paralysis
• Hypoxia or lack of oxygen to the brain
• Nerve damage
• Skull fracture
• Traumatic Brain Injury
• Stillbirth

These injuries may carry lifelong complications, including limited mobility, permanent brain damage, disfigurement, and death. Protect your child and your family by fighting for the compensation you deserve with the guidance of a Bardstown birth injury attorney.

If your child suffered birth trauma during delivery, or if they were harmed by negligence in prenatal care, you may be able to obtain financial compensation for medical expenses, current and future therapeutic care, pain and suffering, and other damages and losses associated with the inadequate standard of care provided to your loved ones with the help of a Bardstown birth injury attorney.

Here are some of the ways that a compassionate legal team can support you through your birth injury claim:

Manage All Communications

When we take on the case, we will take over all the communications on your behalf. That includes responding to letters or emails sent by the health care provider and insurance companies.

Evaluate Your Losses

We will consider all the economic and noneconomic factors associated with your claim. A vital part of these claims is the pain and suffering that occurs. That includes the anguish of the parents.

Advice About Kentucky Laws

A medical malpractice claim is different from a personal injury claim as it relates to the statute of limitations. Kentucky law states that with a medical malpractice claim you have only one year to file. There are other aspects of the law as it applies to medical malpractice that we can keep you informed about.

Gather Evidence

We will also gather all the pertinent evidence on your behalf. That evidence can include the following:

• Pregnancy medical records and test results
• Statements from medical or birth injury experts
• Witness statements
• Personal testimony
• SBAR (Situation Background Assessment Recommendation) communications
• Photos of the injury

Obtain a Certificate of Merit

Before proceeding with your claim, you need to obtain a certificate of merit from a medical expert. That certificate validates the alleged medical malpractice claims. It doesn’t prove them, but provides support that there are issues that could fall under the medical malpractice category.

Negotiate

We will aggressively negotiate with the insurance companies of the at-fault party. Our goal will be to find a reasonable and expedited settlement for your family.

Argue at Trial

If a settlement can’t be reached, we could advise that the case should be taken to civil court by filing a lawsuit. We will argue your case persuasively at trial, while continuing the negotiations for a settlement.

We understand the sensitive nature of these claims and want to provide the information and support along every step of the way.

To learn if you have a potential legal claim, don’t hesitate to get in touch with the Bardstown birth injury attorneys at McCoy & Hiestand, PLC at your earliest convenience. We have the experience and expertise your case deserves as well as the compassion to help your family through a struggling time that no one should have to endure.