Louisville Birth Injury Attorney

Handling Birth Injury Claims in Louisville & Throughout Kentucky

Birth should be a time for celebration. Unfortunately, labor and delivery result in serious birth injuries to either mother or child for far too many families. As a first-world nation, the United States should have low maternal mortality rates. Unfortunately, as a recent report from USA Today showed, the mortality rate in the U.S. is rising. These statistics do not even include birth injuries to babies.

If you think you or your child suffered a birth injury, you should contact an experienced Louisville birth injury attorney. These are complex cases, and doctors and hospitals are not eager to admit when they have made mistakes. Our experienced team has the medical knowledge and resources necessary to uncover medical negligence and fight to get your family the fair compensation you need. As Kentucky medical malpractice lawyers with extensive experience in birth injury cases, we understand the devastating impact these injuries have on parents and families. Contact us today for a free consultation.

Most Common Causes of Birth Injuries To Babies

Many things can go wrong during delivery and childbirth. For example, the following common causes might ultimately create birth defects or seriously injure your child:

• Delayed C-section or C-section
• Improperly performed C-section
• Negligent use of forceps or improper use of delivery instruments
• Failure to monitor and discover fetal distress
• Failure to respond properly to fetal distress
• Rough delivery (tugging and pulling)
• Oxygen deprivation during labor and delivery
• Inadequate prenatal care during pregnancy

Birth injuries are most commonly due to complications arising from the natural forces of labor and delivery. In the past, when the risks of a C-section delivery were high, doctors performed difficult deliveries by pulling the fetus out using forceps. The use of forceps came with a high risk of birth injury. Today, forceps are used only in the final stages of delivery and rarely cause injury when used properly by health care providers.

Even if your baby has been denied oxygen for a brief period of time, doctors and nurses can often prevent further brain damage if they properly diagnose hypoxia and take corrective action. A careless doctor or medical team, however, will not notice anything is wrong or will not order proper medical treatment.

Common Birth Injuries

A doctor’s negligence and medical malpractice can cause a fetus to develop a range of serious birth injuries, including the following common birth injuries:

Injuries to Babies

• Brachial plexus injury. This injury involves damage to the network of nerves controlling the arm and hand. It can occur when there is excessive pulling on the baby’s head and neck during delivery.
• Spinal cord injuries. A spinal cord injury during childbirth is often a clear sign of medical malpractice. A complicated delivery may cause the umbilical cord to be compressed, causing the baby to suffer breathing difficulties. Improperly pulling and twisting the baby during this rushed delivery can cause spinal cord injuries as well as permanent nerve damage.
• Cephalohematoma. This is a collection of blood between the baby’s skull and the membrane covering the bones. It is often caused by pressure during delivery and while it may look bad, it typically resolves on its own over time.
• Caput succedaneum. This refers to swelling of the soft tissues of the baby’s scalp, usually resulting from pressure during delivery. It is often resolved without treatment.
• Facial nerve injury. Pressure on the baby’s face during delivery can lead to damage to the facial nerves. The damage is usually temporary, although it may be permanent in some cases.
• Fractures. Fractures of the collarbone or other bones can occur during delivery. This is especially true if the birth is difficult or complicated.
• Intracranial hemorrhage. This refers to bleeding within the baby’s skull, which can be caused by trauma during delivery. This can lead to neurological complications in severe cases.
• Hypoxic-ischemic encephalopathy (HIE). This occurs when the baby’s brain doesn’t receive enough oxygen and blood due to oxygen deprivation, potentially leading to long-term neurological issues and brain damage.
• Perinatal asphyxia. This refers to insufficient oxygen supply to the baby before, during, or after birth. This can lead to various complications, including brain damage.
• Cerebral palsy. This neurological condition can result from oxygen deprivation, brain damage, or trauma during labor and delivery. When a child develops cerebral palsy due to medical negligence during childbirth, the child and family may be entitled to compensation for lifelong care needs.
• Erb’s Palsy. This is a specific type of brachial plexus injury affecting the upper nerves, often caused by excessive force during delivery.

When a child suffers any of these serious injuries due to the negligence of doctors, nurses, or other medical professionals, families have the right to pursue legal action through a birth injury lawsuit.

Injuries To Mothers

While advancements in medical care and delivery techniques have significantly reduced the occurrence of severe complications during childbirth, childbirth is still a complex and physically demanding process that can result in serious injury to mothers. Here are some common injuries that injured mothers may experience during labor and delivery:

• Perineal tears. These are a common occurrence during vaginal delivery, where the perineum, which is the tissue between the vaginal opening and the anus, tears. The severity can range from first degree to fourth degree (involving the anal sphincter). In some cases, the doctor may make a deliberate incision in the perineum to facilitate delivery. This is called an episiotomy and is less common nowadays but is still done frequently.
• Vaginal lacerations. Tears can occur in the vaginal wall during delivery, especially if the baby’s head is large or positioned in a certain way as it passes through the birth canal.
• Uterine rupture. This is a rare but serious complication where the uterus tears, potentially causing life-threatening bleeding. It is more common in women who have had a previous C-section.
• Postpartum hemorrhage. This refers to excessive bleeding after childbirth, often due to failure of the uterus to contract adequately. Postpartum hemorrhage can result from a variety of factors, including retained placental tissue. When health care providers fail to properly monitor and respond to postpartum hemorrhage, they may be held liable for harm caused to the mother.
• Pelvic organ prolapse. This is caused by the weakening of the pelvic floor muscles. The pelvic organs, including the bladder, uterus, or rectum, may descend into the vaginal space.
• Pelvic floor dysfunction. Childbirth can cause damage to or weakening of the pelvic floor muscles. This can lead to issues such as urinary or fecal incontinence and pelvic pain.
• Infection. Infections of the uterus or C-section incision can occur and may require medical intervention. When doctors, nurses, or other medical professionals fail to properly sterilize equipment or monitor for signs of infection, they may be held liable.
• Deep vein thrombosis. Prolonged immobility during labor and delivery can increase the risk of deep vein thrombosis, which refers to blood clots in a vein. This is particularly common in the legs.

Complications During Pregnancy

Issues can also occur during pregnancy when physicians and health care providers fail to provide adequate prenatal care. Doctors can fail to properly diagnose problems during pregnancy, such as preeclampsia, which might warrant immediate delivery. Preeclampsia typically begins after the fifth month of pregnancy and can cause death and harm to your baby.

Some other conditions and complications that may occur during pregnancy that may affect a baby include:

• Gestational diabetes. This is a condition that can lead to hyperglycemia, placing the baby at risk of becoming too large or developing breathing difficulties. Failure to diagnose and manage gestational diabetes can lead to serious birth injuries.
• Hypoglycemia. This is a condition involving low blood sugar that is particularly dangerous for Type 1 diabetics. For fetuses, it can lead to stillbirth and congenital malformations.
• Macrosomia. This is a doctor’s failure to detect an unusually large fetus. This can lead to complications during delivery, causing harm to the baby and damage to the mother’s birth canal.
• Rh compatibility. This is a preventable condition that can lead to brain damage and seizures if not treated properly by the medical team.
• Severe anemia. This refers to insufficient iron during pregnancy. This can cause a baby to suffer from anemia and other health problems.
• Infections. The mother may develop infections during pregnancy, such as herpes or E. coli. These can be transmitted to the baby or cause serious health conditions such as sepsis. Proper prenatal care should identify and treat these infections before they cause harm.

Medical Negligence in Birth Injury Cases

Medical errors during labor and the delivery process usually stem from medical negligence. This means the doctor, nurses, or other health care providers did not follow the appropriate standard of care given the circumstances. Doctors and medical professionals are not expected to be miracle workers, but they are expected to follow the standard of care that other properly trained physicians would have followed. When a doctor is negligent, a patient can sue him or her for medical malpractice.

Standard of care is a legal term, not a medical term. It refers to the degree of care a reasonable person would exercise under the circumstances. The standard of care is the benchmark that determines whether medical professional obligations to patients have been met. Failure to meet the standard of care is negligence, which can carry significant consequences for healthcare workers and hospitals.

As part of our practice, our Louisville birth injury lawyers have extensive experience building a case for a medical malpractice lawsuit for negligence against doctors, nurses, hospitals, and other medical professionals. These complex cases typically require investigative work, which includes listening to your story of what happened and also reviewing your medical records. We might also interview other members of the delivery team and medical team at the hospital.

Key in these birth injury cases is retaining a medical expert to review the doctor’s conduct to determine whether it met the standard of care. In some cases, it will be obvious the doctor made a mistake, but in others, only a practitioner in the field can speak authoritatively about what a doctor or other health care providers should have done under the circumstances.

Understanding Birth Trauma and Its Impact on Families

When a child’s birth injury occurs due to medical negligence, the impact extends far beyond the immediate physical harm. Families face enormous financial burdens from ongoing medical care, therapy, and specialized equipment. Parents often need to leave their jobs to care for an injured child, leading to lost income and additional stress. The emotional pain of watching your child struggle with preventable injuries is immeasurable.

Birth trauma can affect the entire family unit. Siblings may receive less attention as parents focus on the injured child’s needs. Marriages can be strained by the constant stress and worry. Many families in the Louisville area and throughout Eastern Kentucky have turned to our law firm for help navigating these difficult circumstances.

At Noakes Law, we understand that no amount of financial compensation can undo the harm caused by serious birth injuries. However, fair compensation can provide your family with the resources needed for your child’s lifelong care, therapy, education, and medical needs. We fight to ensure negligent health care providers and hospitals are held liable so that your family doesn’t bear the financial burden of someone else’s mistakes.

When Should You Contact a Birth Injury Lawyer?

Time is critical in birth injury cases. Kentucky law requires that you act quickly to preserve your legal rights. Medical malpractice claims have strict deadlines, and waiting too long can prevent you from recovering compensation for your child or family.

You should contact our Louisville birth injury attorneys if:

• Your child was diagnosed with cerebral palsy, Erb’s palsy, or another condition potentially caused by oxygen deprivation or birth trauma
• Your baby experienced fetal distress that wasn’t properly addressed by the medical team
• You or your child suffered complications from an improperly performed C-section
• Your baby was injured by the improper use of forceps or vacuum extractors
• Your child has developmental delays or disabilities that may be linked to events during labor and delivery
• You experienced a serious injury during childbirth due to medical negligence
• Your doctor, nurses, or hospital failed to respond appropriately to complications during pregnancy, labor, or delivery
• You suspect that better medical care could have prevented your child’s injuries

Don’t wait to seek legal action. Contact our experienced team for a free consultation to discuss your child’s birth injury and your legal options. We’ll review your medical records, consult with medical experts, and provide honest guidance about whether you have a valid medical malpractice claim.

Our birth injury attorneys have successfully represented families throughout Louisville, Kentucky, and Eastern Kentucky. Unlike other firms that may only dabble in medical malpractice, our law firm has dedicated significant resources to understanding the complex medical and legal issues in birth injury lawsuits.

When you work with our team, we will:

• Thoroughly investigate your case. We obtain and review all relevant medical records from your pregnancy, labor, and delivery. We examine hospital policies, nursing notes, fetal monitoring strips, and all documentation related to your care.
• Consult with medical experts. We work with respected physicians, nurses, and other medical professionals who can evaluate whether the standard of care was met. These experts help us understand exactly what went wrong and how it could have been prevented.
• Handle all legal proceedings. From filing your medical malpractice claim to negotiating with insurance companies and, if necessary, taking your birth injury lawsuit to trial, we handle every aspect of the legal process so you can focus on your family and your child’s needs.
• Fight for maximum compensation. We understand the lifelong costs associated with serious birth injuries. We calculate not just current medical bills, but future medical care, therapy, equipment, home modifications, and lost earning capacity to ensure you receive full and fair compensation.
• Provide compassionate support. We know this is an incredibly difficult time for your family. Our team treats every client with respect and compassion while fighting aggressively against negligent health care providers who caused harm.

Our experienced birth injury lawyers have earned recognition from Super Lawyers and the Million Dollar Advocates Forum Inner Circle for our success in personal injury and medical malpractice cases. But what matters most to us is the trust our clients place in us and the results we achieve for families.

Compensation For Birth Injuries

If we are successful in your medical malpractice claim and birth injury lawsuit, we can often obtain significant compensation for our clients. This financial compensation can take the form of damages for:

• Past, present, and future medical care. If your child has a disability, then ongoing medical care can be expensive. This includes hospitalization costs, surgeries, medications, therapy, assistive devices, and any specialized care your child needs throughout their life.
• Lost wages and lost income. If you missed work because of injuries to you or your child, you’re entitled to compensation for that lost income. We also seek compensation for future lost earning capacity if you need to reduce your work hours or leave your job entirely to care for your injured child.
• Pain and suffering. This term includes physical pain and emotional distress caused by the birth injury. For mothers who suffered serious injury during childbirth, this covers the physical pain, emotional trauma, and impact on quality of life. For children who suffer from conditions like cerebral palsy or brain damage, this accounts for their lifelong pain and limitations.
• Cost of specialized equipment and home modifications. Many children with serious birth injuries require wheelchairs, communication devices, and modifications to make homes accessible.
• Educational and therapy costs. Children with birth injuries often need specialized educational programs, occupational therapy, physical therapy, and speech therapy.

Every birth injury lawsuit is different, and there is little sense in talking about “average” birth trauma settlements. The compensation you may receive depends on the severity of your child’s injuries, the extent of medical negligence, the impact on your family, and many other factors. Meet with a Louisville birth injury lawyer at our law firm to review the fair compensation and financial compensation you might receive during your free consultation.

Why Choose Noakes Law for Your Birth Injury Case

Choosing the right birth injury attorneys can make all the difference in the outcome of your case. Here’s why families throughout Kentucky trust Noakes Law:

1. Experience with complex cases. Birth injury cases involve complicated medical issues. Our injury lawyer team has the knowledge and resources to handle even the most complex medical malpractice claims.
2. Access to top medical experts. We work with leading physicians and medical professionals who can credibly testify about what went wrong and how it could have been prevented.
3. Proven track record. We have successfully represented numerous families in birth injury claims and have recovered significant compensation for our clients.
4. No upfront costs. We work on a contingency fee basis, which means you don’t pay us unless we win your case. This ensures everyone has access to quality legal representation regardless of financial circumstances.
5. Personalized attention. Unlike larger firms that may treat you like a number, we provide personalized attention to every client. We’re available to answer your questions and keep you informed throughout the entire process.
6. Compassionate representation. We understand the emotional toll of birth injuries on families. We handle your case with sensitivity while fighting aggressively for your rights.

Frequently Asked Questions About Louisville Birth Injury Cases

What is considered a birth injury?

A birth injury is any harm to a baby or mother that occurs during pregnancy, labor, or delivery. Common birth injuries include cerebral palsy, Erb’s palsy, brain damage from oxygen deprivation, fractures, nerve damage, and brachial plexus injuries. For mothers, birth injuries can include severe perineal tears, uterine rupture, infection, and postpartum hemorrhage. Not all birth injuries result from medical negligence, but when they do, families have the right to seek compensation.

How do I know if my child’s birth injury was caused by medical negligence?

This is a question best answered after a thorough review of your medical records by experienced birth injury lawyers and medical experts. Warning signs include fetal distress that wasn’t properly addressed, delayed C-section when one was clearly needed, improper use of delivery instruments, failure to diagnose complications during pregnancy, or obvious mistakes during labor and delivery. During your free consultation, we’ll review your case and help you understand whether medical negligence may have played a role.

How long do I have to file a birth injury lawsuit in Kentucky?

Kentucky law generally gives you one year from when the injury was discovered (or reasonably should have been discovered) to file a medical malpractice claim. However, there are important exceptions for children, and the law is complex. That’s why it’s critical to contact birth injury attorneys as soon as you suspect medical negligence. Don’t wait—act quickly to protect your legal rights.

How much does it cost to hire a birth injury lawyer?

Nothing upfront. Our law firm works on a contingency fee basis for all birth injury cases. This means we only get paid if we successfully recover compensation for you. Our fee comes as a percentage of the settlement or court award. This arrangement ensures that families can access experienced legal representation without worrying about hourly fees or upfront costs. We offer a free consultation to review your case and explain your legal options.

What compensation can I receive for my child’s birth injury?

Compensation in birth injury lawsuits can include medical expenses (past, present, and future), lost wages, cost of specialized equipment and home modifications, therapy and educational costs, pain and suffering, and emotional distress. For serious injuries like cerebral palsy that require lifelong care, compensation can be substantial to cover decades of medical needs. The specific amount depends on the severity of injuries, the degree of negligence, and the impact on your family’s life.

Can I sue if my child has cerebral palsy?

Cerebral palsy is not always caused by medical negligence; some cases result from unavoidable complications. However, when cerebral palsy results from oxygen deprivation, delayed C-section, failure to respond to fetal distress, or other preventable errors during labor and delivery, you may have grounds for a medical malpractice lawsuit. Our birth injury attorneys can review your medical records and consult with experts to determine whether your child’s cerebral palsy was preventable.

What if I signed consent forms before delivery?

Signing consent forms does not prevent you from filing a birth injury lawsuit if medical negligence occurred. Consent forms generally cover known risks and complications, but they do not give doctors permission to be negligent or deviate from the standard of care. If your child suffered a birth injury due to a doctor’s mistakes, you still have the right to pursue legal action regardless of what forms you signed.

How long do birth injury cases take?

Birth injury lawsuits are often complex and can take time to resolve, typically one to three years, though some cases settle sooner and others take longer. The timeline depends on the complexity of medical issues, the willingness of defendants to negotiate, and whether the case goes to trial. While we work to resolve cases as efficiently as possible, we never rush to settle for less than you deserve. Your child’s future is too important to accept an inadequate settlement.

What if my doctor says the birth injury wasn’t preventable?

Doctors and hospitals are often reluctant to admit mistakes. That’s why it’s essential to have your case reviewed by an independent medical expert and experienced birth injury lawyers. What one doctor claims was unavoidable may actually be the result of medical negligence. We’ll obtain an objective evaluation of your medical records to determine what really happened and whether different actions by your medical team could have prevented your child’s injuries.

Will I have to go to court?

Many birth injury cases settle through negotiation without going to trial. However, we prepare every case as if it will go to court, which often motivates defendants to offer fair compensation. If your case does go to trial, we have extensive litigation experience and will represent you throughout the entire process. We’ll explain each step and help you feel prepared and confident.

Contact Our Louisville Birth Injury Attorneys Today

If your child suffered a birth injury or you experienced serious complications during childbirth, you need experienced legal representation from attorneys who understand both the medical and legal complexities of these cases. At Noakes Law, our birth injury lawyers have dedicated our practice to helping families seek justice and compensation when medical negligence causes harm.

Don’t let the financial burdens of a birth injury overwhelm your family. Contact our law firm today for a free consultation. We’ll review your case, answer your questions, and explain your legal options—all at no cost and with no obligation. Time is critical in birth injury cases. Kentucky law requires you to act quickly to preserve your rights. Call Noakes Law Group today at 502-708-1073 or fill out our form online. Let our experienced team fight for the compensation your family deserves.

Our Louisville birth injury attorneys serve clients throughout Kentucky, including the Louisville area, Eastern Kentucky, and surrounding communities. If you suspect your child’s injuries could have been prevented with proper medical care, contact us today. We’re here to help your family during this difficult time.