Get The Compensation You Deserve To Care For Your Family After A Kentucky Hospital Error And Birth Injury
The birth of a child should be one of the most incredible moments of your life, and the time following your child’s birth should be one of rejoicing and celebration – paired with the joy of getting to know the newest member of your family.
For nearly seven out of every 1,000 births, however, this celebration is marred – or even completely destroyed – by a medical mistake. In fact, an estimated 28,000 birth injuries take place every year in the United States alone. These injuries can range from something painful but potentially correctable, like a bone fracture, to injuries that are often permanently debilitating, such as cerebral palsy. As parents of children who have been harmed during labor and delivery know all too well, there are simply no words to describe the traumatic experience of having your child injured due to a physician’s mistake.
If your family is reeling in the wake of a medical mistake and birth injury, the team at Gladstein Law Firm wishes to first communicate with you how much we empathize with your situation, and how sorry we are that you have had to endure this experience. Birth injuries due to medical errors affect the baby, the parents, and the entire family. Our team, headed by Kentucky medical malpractice attorney Seth Gladstein, is dedicated to helping families like yours find justice and secure compensation after a birth injury due to negligence.
We know this can be an incredibly stressful, overwhelming, and painful time, and we would like to take the burden of worrying about the legal aspects of your case off of your shoulders. We offer the families of birth injury victims a confidential, free consultation. To schedule yours, please call (800) 991-0474.
Common Birth Injuries in Kentucky
There are many different types of birth injuries, from common cases of bruising to extremely serious cases of perinatal asphyxia, in which the baby’s brain does not receive enough oxygen during delivery. The most common serious birth injuries that can have long-term consequences include:
- Broken bones and bone fractures
- Swelling and contusions
- Brachial Plexus Injuries (BPI)
- Perinatal Asphyxia
- Facial paralysis
- Spinal cord injuries
- Cerebral palsy
- Erb’s palsy
- Cranial hemorrhaging
While some birth injuries are unavoidable, many are completely preventable and should not have taken place with today’s medical knowledge and technology. Examples of birth injuries that are due to negligence include:
- A doctor fails to identify a breech baby.
- A doctor fails to identify that an umbilical cord is wrapped around the baby’s neck.
- The medical team is overworked and fatigued.
- The needed medical team is not present at the time of the birth.
- The medical team does not respond to red flags that the baby is in distress.
- A doctor makes a surgical error during a Cesarean section.
- A doctor fails to order a Cesarean section when a baby is in distress.
These are simply a few of the most common ways that errors occur during labor and delivery. If you have any suspicion that your child’s birth injury was caused by negligence, speak to a Louisville medical malpractice attorney today.
Living With a Birth Injury
Perhaps the most devastating aspects of a birth injury are the long-term effects that it can have on your child and your family. Injuries during labor and delivery can have a compounding effect throughout life, as the body and brain of a newborn are very fragile. If your child has been seriously injured, there will likely be significant medical expenses coming your way, both now and in the future. In order to restore your child’s health and to accommodate any disabilities or conditions, you may need to file a medical malpractice claim.
You deserve to be able to take care of your child. In pursuing compensation through a medical malpractice lawsuit, you have the potential to recover damages based on:
- Prior medical expenses
- Future medical expenses
- Physical therapy expenses
- Vehicle & home modifications
- Special schooling
- In-home care
- Loss of income
- Pain and suffering
- Counseling expenses
- Loss of life’s enjoyment
Birth Injuries and Wrongful Death
Tragically, some birth injuries are fatal. Because of the negligent act or acts of a doctor, nurse, other medical professional, or hospital, a life is taken away before it even begins. These cases must be investigated thoroughly and completely so that the family and the hospital fully understands what took place and why, and so the family can secure some peace and some justice. Discuss your concerns with a Louisville personal injury lawyer.
About Founder Seth Gladstein
Gladstein Law Firm, PLLC founder Seth Gladstein worked for a decade representing personal injury defendants and their insurance companies, including four years with a top New York City medical malpractice defense firm. Personal injury law is adversarial to the core, and Mr. Gladstein has come to see his experience representing defendants as a priceless education.
By 2011, Mr. Gladstein had experienced his fill of representing evasive defendants and greedy insurance companies. He responded by founding his own law firm dedicated to helping personal injury victims receive fair compensation. His unusual experience of having represented clients on both sides of the table helps him in every case, and his expertise is now available to you.
You Either Receive Cash Compensation or We Work for Free
At Gladstein Law Firm, PLLC, we don’t count “billable hours” – we either win or we lose (and we win over 90 percent of the time). If you receive no compensation from our efforts, our legal bill will total precisely $0.00. That’s how confident we are in our ability to secure compensation for our clients. You don’t need a dime to retain us – only a claim.
Seth kept me informed as my case went along. He settled my case quickly compared to how long it normally takes. He really cares about his clients, even stopping at the hospital to visit me when I was in there. I would definitely recommend him. – Ronda.
Frequently Asked Questions (FAQs)
What’s the difference between a birth injury and a birth defect?
A birth injury is caused by a medical error, while a birth defect is caused by genetic defects, environmental factors, and other factors unrelated to medical malpractice.Examples of birth defects include:
- Down syndrome
- Muscular dystrophy
- Congenital heart defects
How can I know whether my baby’s harm was due to a birth defect or a birth injury?
Some types of abnormalities, such as Down Syndrome, are almost always caused by birth defects, because they cannot be caused by birth injuries. However, your suspicions should be raised if the doctor didn’t report any fetal abnormality prior to birth, because doctors are legally required to report any abnormality they discover.
What do I have to prove to win a medical malpractice claim?
You must prove that:
- a birth injury of a particular nature actually occurred,
- a doctor-patient relationship existed,
- a particular standard of care applied to the delivery,
- the doctor failed to meet the applicable standard of care, and
- the doctor’s failure was a substantial cause of the birth injury.
How can I prove the applicable standard of care?
Generally speaking, the standard of care in any situation is the standard that would be met by a hypothetical “reasonable doctor.” In a trial, the standard of care is determined by a jury based on the testimony of medical expert witnesses called by each side.
What are some examples of evidence that is used in a birth injury case?
Typical evidence includes:
- Medical records (your lawyer can in some cases compel the other side to release medical records whether they want to or not)
- Eyewitnesses (someone who witnessed the doctor’s use of forceps, for example)
- Expert witnesses (usually doctors).
What are future damages so important?
Future damages are damages that your baby may suffer after your claim has already been resolved. It is critical that you accurately calculate and claim all of the future damages that you will ever need the first time around, because once you sign a settlement agreement or a verdict is reached, your claim will be closed forever.
What are the steps necessary to file a medical malpractice birth injury lawsuit?
The process works something like this:
- Consult with your attorney to provide information and plan your claim
- Collect all available medical records, through subpoena if necessary
- Carefully review all medical records
- Open negotiations with the defendant
- Locate and retain expert medical witnesses to provide favorable testimony
- Prepare lawsuit documentation and file the lawsuit if the defendant refuses to settle
- Continue negotiating with the defendant in an attempt to avoid trial
- Settle your claim or wait for a trial verdict (most cases are settled)
Can the mother file a birth injury claim for her own injuries?
Yes. According to the Mayo Clinic, for example, forceps deliveries can result in a variety of different injuries to the mother. Medical malpractice claims filed by the mother proceed along much the same lines as claims filed on behalf of the baby.
Because You And Your Baby Are More Than a Statistic, Contact Kentucky’s Birth Injury Lawyers Today
Perhaps the best way to prevent future cases of labor and delivery medical malpractice – and the best way to care for or honor your affected child – is to make the at-fault parties take responsibility for their mistake and hold them accountable for what they have done. Don’t keep wondering whether your child’s birth injury could have been prevented, or if negligence was involved. We can take a close look at your case, and help you find the answers that you are looking for.
Our firm only accepts a limited number of clients each year, because we believe that each of our clients deserves our full attention. We aggressively pursue compensation for every injury victim whom we serve, leveraging the full weight of our experiences and resources so that you are justly compensated. You are more than just another injury statistic. You deserve justice, and we’re here to fight for you and your child. Contact Louisville birth injury lawyer, Seth Gladstein, today at (800) 991-0474 to set up your free, private consultation.