Addressing a birth injury your child has suffered can be an incredibly challenging and emotionally taxing experience. It’s heart-wrenching to witness your baby in pain and grappling with the consequences of a healthcare provider’s mistakes.

However, we are here to provide a solution.

At Crandall & Pera Law, we guide you and your family through this difficult time. Our dedicated Lexington birth injury lawyers can thoroughly examine all medical records related to the pregnancy and birth process.

We also collaborate with medical experts to ensure a comprehensive analysis. We identify any medical negligence contributing to your child’s injury and show you the available legal options.

Why Choose Us as Your Lexington Birth Injury Lawyers?

Choosing a practiced lawyer with experience handling birth injury cases can be the deciding factor in securing your financial recovery and ensuring justice is served.

Crandall & Pera Law is a reputable legal firm known for its commitment to birth injury victims. Our team of attorneys is well-equipped to handle cases in Lexington and surrounding communities.

We’ve earned recognition and accolades for our outstanding work. Learn more about our attorneys on our Attorney Q&A page.

Why We Stand Out: Our birth injury attorneys in Lexington are known for their staunch dedication to every case, refusing to settle for anything less than you deserve.

We are the legal team the other guys hate to see enter the courtroom. Our track record of successful verdicts and settlements highlights our commitment to the best outcomes for our clients.

When fighting for your rights and future after a birth injury, you can trust Crandall & Pera Law to be there with you through it all.

Our in-house registered nurses bring valuable medical insights into complicated birth injury cases. Understanding the full extent of your injuries and evaluating the actions that would have spared your injury is indispensable.

We use their know-how to build your case and collaborate with other medical professionals who can testify during the trial.

Insight Into Our Approach: With a background as former insurance and healthcare defense attorneys, we know how the opposing side approaches these cases, and we use it against them.

We start with compelling arguments to support your claim and then identify weaknesses in the opposing party’s strategy.

We select experts, including safety and medical professionals, who are highly respected and can provide unbiased professional testimony.

What Are the Most Common Birth Injuries?

Birth injuries are physical injuries or trauma that occur to a newborn baby during the process of childbirth or immediately after birth. These injuries can result from various factors, including the baby’s position during delivery, the actions of the healthcare providers involved, or underlying medical conditions.

Some common types of birth injuries include:

• Brachial Plexus Injury: This injury affects the nerves controlling the arm and hand muscles, often caused by excessive pulling or pressure during delivery. It can lead to conditions like Erb’s palsy or Klumpke’s palsy.
• Cerebral Palsy: A group of neurological disorders that can affect movement, muscle tone, and posture. Cerebral palsy may be caused by oxygen deprivation to the baby’s brain during labor or birth.
• Fractures: Broken bones can occur during delivery, especially in the collarbone or clavicle, due to the baby’s position or difficult delivery.
• Intracranial Hemorrhage: Bleeding within the baby’s brain, which can result from trauma during birth or the use of forceps or vacuum extraction.
• Facial Nerve Injury: Injury to the facial nerve may happen during forceps or vacuum extraction, leading to facial weakness or paralysis.
• Hypoxic-Ischemic Encephalopathy (HIE): A brain injury caused by oxygen deprivation during labor and delivery, which can cause developmental and cognitive impairments.
• Perinatal Asphyxia: A condition where the baby does not receive enough oxygen before, during, or after birth, potentially causing organ damage or developmental issues.
• Shoulder Dystocia: A situation where the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone, increasing the risk of birth injuries.
• Infections: In rare cases, babies can contract infections during birth, leading to health issues.
• Soft Tissue Injuries: During delivery, bruising, lacerations, or other injuries to the baby’s soft tissues can occur.

Not all birth injuries are due to medical negligence. If medical errors, negligence, or substandard care on the part of healthcare providers cause a birth injury, the affected families may pursue compensation.

Consulting a medical malpractice attorney can determine if negligence contributed to a birth injury.

What Are the Main Causes of Birth Injury?

Birth injuries can occur for various reasons, and they may result from a combination of factors.

The leading causes of birth injuries include:

• Difficult or Prolonged Labor: A long or challenging labor can increase the risk of birth injuries. Prolonged labor may result in oxygen deprivation or excessive pressure on the baby’s head or body.
• Abnormal Presentation: When the baby is not in the optimal head-down position for delivery (such as breech or transverse positions), it can increase the risk of birth injuries.
• Fetal Distress: If the baby experiences distress during labor, such as a drop in heart rate or other signs of oxygen deprivation, healthcare providers may need to intervene quickly. Failure to do so can lead to birth injuries.
• Use of Assisted Delivery Techniques: The use of forceps or vacuum extraction tools during delivery can increase the risk of birth injuries if not used correctly or if excessive force is applied.
• Cephalopelvic Disproportion (CPD): When the baby’s head is too large relative to the mother’s pelvis, it can lead to a problematic or obstructed delivery, increasing the risk of injury.
• Maternal Health Conditions: Certain maternal health conditions, such as gestational diabetes or hypertension, can increase the risk of birth complications and injuries to the baby.
• Multiple Births: Twins, triplets, or other multiple births are associated with a higher risk of birth injuries due to the complexity of the delivery.
• Infections: In rare cases, infections contracted by the baby during pregnancy or delivery can lead to health issues and birth injuries.
• Medical Errors and Negligence: Medical mistakes, misdiagnoses, or substandard care by healthcare providers can directly cause or contribute to birth injuries. These errors can include incorrect medication administration, failure to monitor fetal distress, and inadequate response to complications.
• Induction and Augmentation of Labor: The use of medications or interventions to induce or accelerate labor carries a risk of complications and birth injuries if not carefully managed.
• Cesarean Section (C-Section) Complications: While C-sections are often performed to prevent birth injuries in high-risk situations, they can also result in surgical complications and injury to the baby if not performed correctly.
• Lack of Informed Consent: Failure to inform parents about the risks and benefits of specific medical interventions during childbirth can lead to unforeseen complications and injuries.

Childbirth is inherently complex and unpredictable, but when medical errors or negligence cause birth injuries, you can pursue legal action to compensate for the affected child and family.

Medical and legal professionals can determine the cause and appropriate recourse for a specific birth injury.

What Compensation Can You Recover for a Birth Injury Case?

In Kentucky, compensation for birth injury cases varies depending on the specific circumstances of the case and the extent of the injury.

You may pursue compensation through medical malpractice claims or lawsuits if you demonstrate that the birth injury resulted from medical negligence or errors.

Here are some types of compensation that birth injury cases may recover:

Economic Damages: These documented and quantified tangible financial losses include:

• Medical Expenses: Coverage for past, current, and future medical bills related to the birth injury, such as surgeries, therapies, medications, and assistive devices.
• Rehabilitation Costs: Expenses for physical therapy, occupational therapy, speech therapy, or other rehabilitative services.
• Lost Earnings: Compensation for the parents’ lost wages due to time taken off work to care for the injured child or attend medical appointments.
• Future Earning Capacity: If the birth injury leads to a permanent disability that affects the child’s ability to work in the future, compensation may be awarded for the loss of future earning potential.
• Special Education Costs: If the child requires specialized education or schooling due to their injury, the cost of such education may be covered.

Non-Economic Damages: These intangible losses don’t have a precise monetary value, such as:

• Pain and Suffering: Compensation for the physical and emotional pain and suffering experienced by the child and, in some cases, the parents.
• Loss of Enjoyment of Life: Compensation for the reduction in the child’s quality of life and their ability to enjoy typical activities due to the birth injury.
• Punitive Damages: In rare cases where the healthcare provider’s conduct is found to be particularly egregious or reckless, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Wrongful Death Damages: If a birth injury results in the death of the child, the parents or legal guardians may pursue wrongful death claims, seeking compensation for funeral and burial expenses, as well as the emotional and financial impact of losing a child.

Lifetime Care and Support: In cases of severe birth injuries that result in lifelong disabilities, compensation may be sought to cover the cost of ongoing medical care, personal care attendants, and support services.

Kentucky, like other states, has specific laws and statutes of limitations that govern medical malpractice claims, including those related to birth injuries.

An experienced birth injury attorney can explain your rights, build a solid case, and pursue the appropriate compensation for your child’s birth injury.

Legal professionals can navigate the complex legal process and advocate for the injured child’s and their family’s best interests.

How Can a Birth Injury Lawyer Help You?

A birth injury lawyer plays a crucial role in helping families navigate the complex legal process when a child has suffered a birth injury.

Here’s how:

• Case Evaluation: A birth injury lawyer will assess the case details to determine if there are grounds for a medical malpractice claim. They will review medical records, consult with experts, and assess the extent of the injuries to establish liability.
• Legal Guidance: The attorney will provide guidance and explanations of your legal rights and options. They will help you understand the strengths and weaknesses of your case and whether pursuing legal action is in your best interest.
• Gathering Evidence: Birth injury lawyers have experience collecting and preserving crucial evidence, including medical records, witness statements, professional opinions, and other documentation necessary to build a strong case.
• Identifying Responsible Parties: It may not be immediately clear who is responsible for a birth injury. A lawyer can investigate and determine which healthcare providers or institutions may be liable for the negligence.
• Negotiating With Insurance Companies: Many birth injury cases involve negotiations with insurance companies. An experienced lawyer can handle discussions with insurance adjusters and work to secure a fair settlement.
• Filing Legal Documents: Birth injury cases involve significant legal paperwork, including court documents and adherence to strict deadlines. A lawyer will ensure that all necessary documents are properly prepared and filed.
• Trial Representation: If a fair settlement cannot be reached through negotiations, your attorney will represent your interests in court. They will present your case, cross-examine witnesses, and advocate for the compensation you deserve.
• Maximizing Compensation: A birth injury lawyer will work diligently to secure the maximum compensation available for your child’s injuries. This includes pursuing damages for medical expenses, pain and suffering, lost future earnings, and more.

A birth injury lawyer can provide the legal skill and support needed to pursue a medical malpractice claim, seek compensation, and hold responsible parties accountable for their actions or negligence.

Call Our Lexington Birth Injury Attorneys Today?

Hiring our Lexington personal injury attorneys can significantly improve your chances of obtaining fair compensation for injuries and losses after a birth injury. We can handle the legal complexities, allowing you to focus on your recovery while protecting your rights.

Call us at (859) 800-9090 for your free case evaluation.