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Best Birth Injury Lawyer in Covington, KY - newborn baby in nicu

Best Birth Injury Lawyer in Covington, KY

Discovering that your precious baby suffers from an avoidable birth injury can be utterly heartbreaking and devastating. A birth injury causes needless suffering and can lead to emotional and financial strain for parents. While compensation cannot make your baby healthy again, it could help secure your child’s future and provide financial stability. 

A settlement could provide medical care and other necessities your child needs to live a comfortable life now and for years to come. If your baby is the victim of medical negligence, our Covington birth injury lawyers could be here for you and would fight tooth and nail for what your child deserves. Start the process of getting justice now and contact us for a free case review.

Finding the Best Birth Injury Lawyer in Covington 

Medical malpractice cases such as birth injury lawsuits can be tough to litigate and require a specific skill set from an attorney. They should have an excellent grasp of the applicable laws and good medical knowledge. Since your birth injury will require expert witness testimony, your attorney needs to be well connected in the medical field. Moreover, when it comes to standing up to medical professionals or a powerful hospital, you need a seasoned and tenacious birth injury lawyer in your corner who is prepared to fight hard for your baby’s rights. 

Knowing where to find the best birth injury lawyer in Covington can be challenging. However, with a little effort and some online research, you should be able to find a great birth injury lawyer near you. 

Ask Friends and Family for Help

A great first step can be turning to friends, family, and coworkers who may be able to recommend a good attorney. Someone you know might have worked with a birth injury lawyer before. 

Online Research

Online research for birth injury lawyers in Covington can be a quick and convenient way to find potential candidates. You could simply search for “birth injury lawyers near me” or use dedicated databases such as Avvo and Martindale Hubbell. 

Meet Your Birth Injury Lawyer Personally 

The final and perhaps most important step when searching for the best birth injury lawyer in Covington is meeting potential attorneys personally. Make sure to take advantage of free first consultations to get to know attorneys, find out about their experience, and determine whether their personality inspires trust and confidence. A successful and personable lawyer will be happy to answer your questions diligently and talk about their experience and track record.

What to Look for in a Birth Injury Attorney 

While birth injury cases fall under personal injury law, you should look for someone specializing in medical malpractice cases rather than a general personal injury attorney. Birth injury litigation involves complicated medical and legal issues, and hiring an expert who has many years of experience in medical malpractice and birth injury cases can be essential.

It is also worth noting that a reputable birth injury lawyer typically will not ask clients for an upfront attorney’s fee. Covington’s best birth injury lawyers work on contingency, meaning that you pay nothing until they resolve your case successfully and you receive compensation. You will not have to pay attorney’s fees if you lose your case. This is also known as a “no-win-no-fee” agreement.

What Is a Birth Injury?

Not all babies are healthy, and some are born with medical issues. However, in legal terms, the condition must have occurred due to a medical mistake or recklessness to have a birth injury case. Typically, a birth injury occurs near the time of birth, during the process of childbirth, labor, or before. According to the National Center for Biotechnology Information (NCBI), birth injuries can include a variety of minor and major injuries caused by mechanical forces during birth. 

Minor birth injuries occur relatively frequently and usually do not leave a lasting impact on the baby’s health. However, significant birth injuries can cause permanent disabilities and affect a child physically, cognitively, and emotionally. Birth injuries are largely preventable when medical professionals adhere to standards of care and monitor mother and child during pregnancy, labor, and delivery. Some complications, such as oxygen deprivation, need immediate intervention to prevent a permanent injury or death.  If a medical professional acts negligently, resulting in a birth injury, the injured child’s family could have a legal case. 

Common Causes of Birth Injuries in Covington

A difficult birth and birth injury can occur for many reasons, such as the size or position of the baby during labor and delivery. Common factors linked to problematic births include:

  • Large babies
  • Premature babies
  • The size and shape of the mother’s pelvis
  • Difficult and prolonged labor
  • Abnormal position, such as breech
  • Maternal obesity

However, swift medical intervention can prevent birth injuries even in difficult births. Causes of birth injuries due to medical mistakes include:

  • Incorrect use of forceps or vacuum extractors 
  • Failure to act quickly and decisively during a difficult birth
  • Failure to monitor baby and mother before, during, or after birth
  • Use of unnecessary force during delivery

Symptoms of Birth Injuries

A birth injury is not always immediately apparent. Some signs and symptoms of a birth injury may not present themselves for weeks or even until a year or two into a child’s life. However, some symptoms could point to a birth injury, such as: 

  • Difficulties with suckling or eating
  • Bruising and swelling of the head
  • Sensitivity to light
  • Weak reflexes 
  • Weak muscle strength or appearing floppy
  • Drooling excessively
  • Arching the back when crying
  • Low heart rate
  • Seizures
  • Favoring one side of the body

If you believe that your child may be suffering from a birth injury, seek medical advice as soon as possible and consider speaking with a birth injury lawyer about your legal options.

Examples of Birth Injuries

 There can be many birth injuries, ranging from mild to severe. Some common birth injuries include:

Fractures

Broken bones can occur with a difficult and prolonged delivery, particularly when doctors try to reposition the baby with force. According to Stanford Children’s Health, the collarbone is the most commonly fractured bone during delivery.

Facial Paralysis

Paralysis can occur when facial nerves are damaged during delivery. Too much pressure during birth or the use of forceps can lead to facial paralysis. 

Cerebral Palsy

Cerebral palsy is a lifelong condition affecting the child’s motor skills. Cerebral palsy can develop in pregnancy or occur due to difficult labor, lack of oxygen, and other reasons.  

Oxygen Deprivation

Oxygen deprivation can lead to devastating consequences for the baby and, in the worst cases, lead to irreversible brain damage. Oxygen deprivation can be caused by long labor or failure to monitor a child and mother’s vital signs and take decisive action.

Spinal Cord Injuries

Spinal cord injuries can occur due to too much pressure on the spinal area or overstretching the baby during delivery. A severe spinal cord birth injury can result in lifelong paralysis. 

Caput Succedaneum

Caput is the swelling of a child’s scalp typically caused by applying too much pressure to the head during birth. The condition usually occurs during a long and difficult labor.

Stillbirth

The most heartbreaking of all birth injuries is a stillbirth when the baby is born lifeless. Reasons for neonatal death can include infections, improper prenatal care, an umbilical cord in the wrong position, and others. 

This list of birth injuries is not exhaustive, and there can be many other injuries caused by negligent professionals that can potentially impact an individual’s entire life. Birth injuries can also be financially devastating for the family of an affected child. The average cost of cerebral palsy during an individual’s lifetime amounts to almost one million dollars, according to Cerebralpalsy.org. If your baby suffered a birth injury, Morgan & Morgan could help you move forward with a lawsuit to pursue compensation.

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • When Should I Contact a Birth Injury Lawyer?

    If you notice any symptoms that could point to your child having been injured at birth, you should get in touch with a lawyer as soon as possible to protect your rights and your child’s future. A birth injury attorney can advise you and move forward with a legal claim. The sooner you act, the better, as you generally only have one year to file a birth injury lawsuit in Kentucky. 

    While there are some exceptions, for example, when the injury is not discovered until much later, it is generally advisable to file within the deadline. Not doing so could lead to the court dismissing your case right away. 

  • Which Damages Could I Recover With a Birth Injury Lawsuit?

    Compensation can be crucially important for your injured child’s future life and your family’s financial stability. While every birth injury case is unique, you could potentially receive:

    Healthcare Costs

    Medical expenses you could recover with a successful birth injury case can include all past, present, and future costs for your child’s medical care, such as:

    • Doctor and specialist appointments
    • Surgeries
    • Medical devices
    • Rehabilitation
    • Medication

    Disability Expenses

    If your child is permanently disabled due to a birth injury, you could qualify for long term care costs, including a live-in nurse, modifications to your home and vehicle, and other expenses.

    Education Costs

    A child with a severe birth injury involving physical and cognitive disabilities may require dedicated special education and learning support. A child might also require behavioral, occupational, and speech therapies. 

    Lost Income

    A child with special needs requires considerably more care and attention than a child without a birth injury. Parents may have long absences from work to care for their injured child and attend doctor’s appointments. You could be entitled to damages for loss of income and loss of future expected income. 

    Depending on your specific birth injury case and the severity of your child’s injuries, you could also qualify for additional damages.

  • How Can Morgan & Morgan Help Me?

    An experienced birth injury attorney at Morgan & Morgan can take charge and see your case through from beginning to end. They could:

    • Provide legal guidance and ensure your child receives appropriate medical care 
    • Identify the liable medical professionals 
    • Liaise with medical providers to gather vital evidence for your case
    • Build a case against the medical providers who delivered the child
    • Provide expert witnesses to testify on your behalf
    • Negotiate a fair out-of-court settlement with the defendants or their insurance companies
    • Present your case in the strongest terms at a trial

    Our compassionate and dedicated birth injury lawyers can fight for your child’s right to live the rest of their life with the appropriate care and dignity. However, most importantly, our attorneys could provide you with a shoulder to lean on during this stressful and upsetting time. They can deal with all the legal aspects of your case, allowing you to spend precious time with your child and family. 

  • Our Birth Injury Lawyers Can Fight Hard for Your Child

    Expecting a baby is the most anticipated and joyous experience in our lives. However, finding out that your precious bundle of joy suffered an injury due to a doctor or a nurse’s mistake can be devastating. When your hope for a healthy baby was crushed by a negligent medical professional, or you lost your child, nothing can take away the pain. However, receiving adequate damages ensures that your child can look forward to a comfortable and secure future. 

    Morgan & Morgan is here to stand by your side and leave no stone unturned in fighting for the compensation your child deserves. Do not let a negligent doctor or hospital get away with injuring your baby. Our determined birth injury lawyers in Covington could help your family get justice. As America’s largest personal injury firm, we can stand up to powerful doctors and hospitals and hold them to account for their failures. You do not pay a dime unless we win. Contact us now to find out if we can help you. 

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