Birth Injury Attorneys in Lexington, Kentucky

Mothers and children who suffered harm during labor and delivery deserve experienced birth injury lawyers. At Wilson & McQueen, PLLC, we're a team of dedicated attorneys with a shared passion for justice and over 90 years of combined experience. We know that each client is unique, and we take pride in offering personalized service tailored to your specific needs. We're here to guide you through every stage of your case, keeping you informed and addressing your concerns promptly. 

One area where we've made a significant impact is in the field of birth injury cases. These are complex, sensitive situations that require a deep understanding and a compassionate approach. We're here to provide you with the support and legal representation you need during such a challenging time. We're proud to serve clients throughout Kentucky, including Lexington, London, Georgetown, Richmond, and Nicholasville. Schedule a free consultation with our firm today. 

Understanding Birth Injuries

Birth injuries can have a devastating effect on families. They range from minor to severe, and they can have lifelong consequences for your child and your family as a whole. Some common birth injuries babies experience include facial paralysis, shoulder dystocia, diabetic retinopathy, subconjunctival hemorrhaging, intracranial or subarachnoid hemorrhaging, cerebral palsy, Erb's palsy, perinatal asphyxia, and brain/organ damage due to oxygen deprivation. 

These injuries can result in a host of symptoms including a fractured skull, broken bones, muscle paralysis, dislocated shoulder, bruising, swelling, breathing problems, eating difficulties, seizures, and chronic pain. We understand the emotional toll these injuries can take and we’re here to help you navigate the legal complexities that may arise. 

Examples of common injuries mothers suffer during birth can include perineal tears, episiotomies, uterine rupture, pre-eclampsia/eclampsia, gestational diabetes, postpartum hemorrhage, and infections such as sepsis. These injuries can have serious and long-lasting effects on a mother's health. We're committed to fighting for the rights and recovery of mothers and children who have suffered due to medical negligence during labor and delivery. Our lawyers will help you seek the best outcome your family deserves.  

Causes of Birth Injuries

Approximately three birth-related injuries happen every hour in the United States. This means that birth injuries impact about seven infants out of every 1,000 deliveries. Birth injuries can be caused by several factors, such as genetics, medical malpractice, or defective medical devices.  

• In cases of genetic disorders, medical professionals won't generally be considered liable, unless they failed to diagnose a genetic condition during prenatal testing or didn't provide appropriate care during the delivery. 

• Instances of medical negligence during birthing procedures can include failure to recognize signs of fetal distress, excessive force during delivery, or improper use of medical tools.  

• If a design, manufacturing, marketing, or packaging defect on a piece of medical equipment leads to harm during delivery, the companies responsible for these devices can be held accountable.  

Determining the cause of birth injuries is a complicated process that requires thorough investigation, and we're committed to building a solid legal strategy for you. We work with a team of medical experts who can help us understand the culprit of your case, and we'll use our advocacy and negotiation skills to hold the responsible parties accountable.  

Seeking Compensation for Birth Injury Cases

If you or your child has suffered a birth injury due to medical negligence or a defective device, you may be entitled to compensation. We'll fight to recover damages on your behalf, including:  

• Medical expenses. 

• Costs of future medical care. 

• Specialized medical equipment. 

• Home improvements for any physical disabilities. 

• Lost income or earning capacity. 

• Physical pain and suffering. 

• Mental anguish and emotional distress. 

• Loss of enjoyment of life.  

• Loss of companionship and consortium. 

Kentucky does not impose damage caps on medical malpractice cases, so we're ready to help your family pursue the full compensation you deserve.  

Kentucky's Statute of Limitations for Birth Injury Claims

In Kentucky, the statute of limitations for filing personal injury claims is generally one year. So if you're a mother seeking to file a medical malpractice claim for a birthing injury, you have one year from the date of your incident to file a claim. But injuries don't always manifest right away, so an extension may apply to your case. No matter what, it's important to act promptly to ensure your rights are protected. 

If parents are filing a claim on behalf of the child, they must do so within one year from the date of discovering the injury. However, the deadline is paused until the child reaches the age of 18. On the other hand, if the child is filing the claim independently, they typically have until their 19th birthday to initiate the claim process. 

We Have Experience in Handling Birth Injury Cases

Our team of attorneys at Wilson & McQueen, PLLC, has a proven track record in handling complex birth injury cases. We understand the unique challenges these cases present and we're committed to providing compassionate and steadfast legal representation. We'll thoroughly investigate your case, consult with medical experts, and fight tirelessly for your rights and the well-being of your family.