Best Birth Injury Lawyers Lexington, KY

Lexington, KY Birth Injury FAQs

• Can you pursue compensation for pain and suffering in a birth injury case in Lexington?

  Yes, you can generally seek compensation for pain and suffering in Lexington by filing a medical malpractice lawsuit. In comparison to other states, Kentucky has no limits on how much can be recovered for pain and suffering caused by birth injuries. However, a jury may decide not to compensate the victim for their pain and suffering. Parents who have lost children may seek restitution for the loss of affection and companionship. This is in accordance with Kentucky Revised Statute Ann. § 411.135.

• How can one obtain medical records in Lexington?

  To access medical records in Lexington, contact the respective provider directly. Visit the clinic or pharmacy for records from a pediatrician or pharmacist. For retired or unavailable doctors' records, reach out to the local or state medical society. If facing difficulties, seek legal counsel. Note that some psychiatric records might be withheld legally; in such cases, the doctor must furnish a written explanation for not providing them.

• What is the Certificate of Merit requirement in a birth injury case in Lexington?

  A Certificate of Merit, also known as an affidavit of merit, is a document that a medical professional in Lexington completes and signs. It must include a statement from the medical professional outlining their review of the case and their conclusion that there is a reasonable basis to proceed to court. Section 411.167 of the Kentucky Revised Statutes requires this.

• Is there a difference between medical negligence and medical malpractice in Lexington?

  In Kentucky, the terms medical malpractice and medical negligence are interchangeable. Medical negligence is the correct legal term, but malpractice is the most commonly used term in everyday language. If there is evidence of the health professional's negligence and the patient's injuries, a birth injury case in Lexington may be a valid medical malpractice claim.

• What does the doctor mean when they say shoulder dystocia happened during childbirth in Lexington?

  Shoulder dystocia occurs in Lexington when the baby becomes trapped in the birth canal because one or both shoulders become wedged against the mother's pubic bone. It is a potentially fatal childbirth complication. For example, if the doctor uses an ineffective technique to free the trapped baby, the force may tear a nerve in the baby's shoulder. This can result in the baby's paralysis, also known as Erb's palsy. When the uterus ruptures due to improper management of shoulder dystocia, the mother may suffer harm.