Can I Sue a Doctor for a Birth Injury in Kentucky?

Can I Sue a Doctor for a Birth Injury in Kentucky?

Your pregnancy, labor, and delivery should be a wonderful time in your life, but when complications arise and your baby suffers an injury at birth, you may be ready to take action against whoever is to blame for your baby’s condition. 

One of the most common parties to have a medical malpractice claim brought against them for a birth injury are physicians associated with prenatal care, labor, and delivery of the baby. We describe in further detail below when it is appropriate to consider the pursuit of a medical malpractice lawsuit and when these physicians should be compelled to provide compensation for your losses and those of your baby.

When to Sue for a Birth Injury

There are many instances under which it may be appropriate to file a medical malpractice lawsuit for a birth injury. Generally speaking, we will need to be able to prove that the injury in question was caused by a medical error and that the individual responsible breached the medical standard of care.

Basically, the medical standard of care is breached when a medical professional of the same education, training, experience, and knowledge would not have made the same decision as the individual providing care to you and your newborn baby.

With that being said, there are some types of birth injuries that are frequently known for being caused by a medical professional, including:

  • Brachial plexus palsy
  • Cerebral palsy
  • Caput succedaneum
  • Aspirating meconium
  • Untreated jaundice
  • Bone fractures and breaks

These are only a few frequently seen birth injuries, and if your baby was born with another type of injury not included in the list above, don’t hesitate to reach out to our office to learn more about if we can help you recover compensation for what has been done to your newborn.

Who a Medical Malpractice Claim Can Be Brought Against

As you know, there are many different types of medical professionals who were involved in your prenatal care, labor, and delivery. Any one of them may have been able to prevent your child’s birth injury from occurring, depending on the details of your case. Some of the different caregivers who could have played a part in causing your baby’s birth injury include:

In some cases, it may be difficult to determine who should be found liable. Further medical testing may be able to assist in determining how and when the injury occurred, which will give you and your attorney at Wilt & Klausing, PLLC, a better understanding of which party should be named in your medical malpractice lawsuit.

Speak with a Kentucky Birth Injury Lawyer

If you or your baby has suffered devastating injuries during labor or childbirth, you may be entitled to financial compensation. Learn more about whether your physician can be held accountable for negligence by reaching out to an experienced Kentucky birth injury lawyer at Wilt & Klausing, PLLC. You can give us a call at 502-253-9110 or complete the brief contact form provided below to schedule your free, no-obligation case review.

What Are Grounds for Medical Malpractice in Kentucky?

Arguably one of the most important questions to ask yourself when you believe you may have been a victim of medical malpractice is, “Do I have a case?” Understanding how the state of Kentucky determines whether a medical professional has acted in negligence is critical, as this will determine your rights in regard to financial compensation for your losses

Continue reading to learn more about how the medical malpractice claims process works in Kentucky, what the grounds for a claim are, and other medical malpractice laws you need to know.

What You Need to Know about the Malpractice Claims Process

A couple of the essential points when it comes to grounds for a medical malpractice claim include whether the healthcare provider compromised the medical standard of care and whether their actions played an integral part in your suffering. 

If the standard of care was compromised and the healthcare provider’s actions were the cause of the patient’s injury or illness, then the patient will likely have a viable medical malpractice lawsuit to be filed in Kentucky civil court.

Medical Malpractice Statute of Limitations in Kentucky

In addition to having grounds for a medical malpractice claim, you will also need to be sure to act quickly once you have made the decision to file a lawsuit. The statute of limitations is very short for medical malpractice claims in Kentucky, and you’ll only have one year from the date you became injured or ill to file your claim in the Kentucky civil courts. 

The statute of repose allows for a maximum of five years to pass if the medical error in question was not discovered until a later date. This means that no matter when you found out about the medical error, if a claim is not filed within five years from the date of the error, the statute of repose will expire. 

If you miss either of these deadlines, your case will more than likely be dismissed by the judge and you’ll lose your chance to hold your negligent caregiver accountable for their actions.

Schedule Your Free Consultation with a KY Medical Malpractice Lawyer

When you are ready to hold a reckless medical professional accountable for their actions, enlist the services of a respected Kentucky medical malpractice lawyer at Wilt & Klausing, PLLC. Our firm proudly offers free consultations to injury survivors across the state of Kentucky. 

To take advantage of this opportunity, you can reach out to us by phone at 502-253-9110 or submit the online contact form below and we’ll be in touch. 

What to do when you sustain injuries in an Uber

What to do when you sustain injuries in an Uber

Many people have discovered the benefits of hailing an Uber or Lyft in Kentucky. You can get a fare estimate right now to figure out how much it will cost to get around Bowling Green.

With so many Uber drivers on the road, there are extremely high chances at least some of them will end up in car accidents. Sometimes the Uber driver will cause the accident, and sometimes it will be a result of another driver. Either way, you need to follow key steps in the immediate aftermath to have an insurance agency cover your expenses.

Notify paramedics and police

You should check in on all parties involved, provided you did not sustain significant injuries. You will want to contact the police, so she or he can create an official report. You may also want to consider having an ambulance come to the scene to take you to the hospital. Even if you do not have any apparent wounds, you still want to see a doctor within 24 hours of the crash. Many injuries do not trigger symptoms until weeks later, and a thorough diagnosis will help your claim.

Notify insurance agencies

In the event the Uber driver caused the accident, you will want to get in touch with your Uber driver’s insurance company. You will also need to notify the Uber (or Lyft) app of the accident. In many cases, the driver’s insurance will not cover expenses because most policies do not include crashes that occurred as a result of commercial work.

If another driver caused the accident, then you will want to get in touch with his or her insurance agency. You will still want to notify Uber of the crash, but the most important thing to do during this time is find a lawyer to represent you. In most cases, you will want your attorney to speak to any insurance representatives who will ensure the insurance company receives all necessary information and nothing more.

Trucks, cars and handheld devices could spell trouble

Trucks, cars and handheld devices could spell trouble

There are certain warning signs that a big rig is about to become a danger to you and the drivers around you, but some problems cannot be seen.

The Federal Motor Carrier Safety Administration has laid down strict laws about truck drivers and their use of cellphones. However, truckers do not always follow the rules, and you would not know if a disaster were about to occur because of a few seconds of cellphone use.

The FMCSA regulations

A truck crash can result from a defective part, overloading, maintenance issues or poor road conditions, among other possibilities. The FMCSA has addressed one more risk by issuing rules about the use of mobile devices. In FMCSA terms, the use of such a device involves holding it with at least one hand to make a call, dialing it by pressing more than one button or reaching for the device in a way that causes the driver to move from a seated position. With the exception of using a mobile phone in an emergency or to contact law enforcement, truckers are only permitted to use “hands-free” devices to make or answer calls.

More damage

In a truck-car crash, the smaller vehicle usually sustains the most damage due to the sheer size and weight of the big rig. This also means that the occupants of the car will sustain the most serious injuries, and it is not unusual for those injuries to be catastrophic and life-changing.

Complex cases

A personal injury attorney experienced with assisting victims of truck-car accidents will tell you that cases of this kind are often more complex than ordinary motor vehicle crashes, mainly because liability often extends to more than one party. An investigation will be very thorough, and if driver distraction due to mobile phone use is suspected as the cause, the evidence an attorney gathers would include phone records. Keep in mind, however, that no matter what the cause of the accident turns out to be, a victim has the right to expect full and fair compensation for injuries, vehicle damage and more.

In the moments after a car accident, be as calm as possible

In the moments after a car accident, be as calm as possible

If you’ve been unlucky enough to be involved in a car accident in your life, then you know just how debilitating the injuries can be in the aftermath. You are also all-too-aware of the chaos that can unfold in the moments immediately after the car accident. These are some of the most critical moments in the post-accident process, so handling them in a responsible manner is important. So what should you do?

Before you panic and try to flee the scene of the accident, take a deep breath, count to 10, and just relax. You survived the crash and you don’t have to get out of your car and start berating the people involved in the crash. That will only escalate the tensions in the situation. And you obviously shouldn’t flee the scene — unless you’re interested in handcuffs.

Once you are calm and ready to address the post-accident issues at hand, check on the other people involved in the crash. Are they serious injured? Then call 911 and apply any assistance you can according to the instructions given by the operator on the phone. If the other people involved are okay, calmly discuss the matter and exchange information.

You can then use your cell phone to take pictures of the accident scene. Get pictures of the debris, the damage to the cars, the intersection that it happened at, any street signs related to the crash, and just the scene in general. You could also talk to any witnesses of the crash and ask if they are willing to go on record with their account.

Source: FindLaw, “After a Car Accident: First Steps,” Accessed April 19, 2018

Motor vehicle accidents claim young lives

Motor vehicle accidents claim young lives

Kentucky drivers would likely admit that the fear of being in an accident is a legitimate concern, and they do their best to stay safe and alert while driving. Even when precautions are taken and seatbelts are worn, motor vehicle accidents can still claim lives. Especially on highways where a large number and variety of vehicles travel together at high speeds, the risk of accident fatalities increases.

Recently, a van full of passengers, including three children, was making it’s way through Kentucky when it struck a tractor-trailer. The incident occurred on Interstate 79. The driver of the van and two of the children were killed as a result. The third child suffered serious injuries. The children became innocent victims with no control over the situation.

As emergency responders began to investigate the crash, they announced that they believed everyone involved had been wearing a seatbelt. Sadly, the severity of the accident was such that a seatbelt was unable to prevent injury and death. The crash remains under investigation. When motor vehicle accidents involve large vehicles, the results can be especially devastating.

When motor vehicle accidents claim lives, victims and their families may be unable to keep up with pressing matters like funeral expenses, medical bills or insurance claims. On many occasions, people choose to seek the help of an experienced attorney. An attorney can understand what victims and their loved ones are going through, and can assist with important matters, including wrongful death claims, as they attempt to grieve and move forward.

What is placental abruption, and how does it affect your baby?

What is placental abruption, and how does it affect your baby?

If you live in Louisville and are currently expecting or plan to sometime in the future, it is essential for you to take some time to consider the risks. Though you see and hear about celebrities and random women who seem to have uneventful pregnancies, it is not uncommon for some women to experience rare complications that can result in fetal distress and death.

What is placental abruption?

One concern you may not realize is serious involves the placement and viability of the placenta, which is responsible for providing your baby with nutrients and oxygen until she or he are born. The placenta develops along with the fetus. As the baby grows, so does the placenta. In a healthy pregnancy, the placenta does not detach from the abdominal wall until childbirth. When placenta abruption occurs, it separates from the uterine wall before the child is born.

Placental abruptions are rare, and there are risk factors that women should be aware of that increase their chances of placental abruption. They include:

•    Maternal age

•    Hypertension

•    Illicit drug use

•    Diabetes

•    History of C-sections

•    Previous placental abruption

•    Multiple previous pregnancies

•    Carrying twins, triplets or multiple fetuses

Placental abruption can be life-threatening and cause complications for both mom and baby. Routine prenatal care and an in-depth medical history evaluation enable medical professionals to screen for abnormalities like placental abruption.

How is it diagnosed and treated?

Placental abruption can happen suddenly and without warning. Doctors can use ultrasounds, blood tests, patient histories and nonstress tests to monitor the health of the pregnancy and its effects on the baby. There is no way to prevent it. If placental abruption occurs after the start of the second trimester and it is discovered, depending on the mom’s health, the health of the pregnancy and condition of the abruption, it may be possible to continue the pregnancy until the fetus is mature enough for delivery. Until then, bed rest is usually ordered for the duration of the pregnancy. If it is not possible to continue the gestation, an emergency C-section is necessary.

The effects of on the baby

The effects of placental abruption on babies vary. While in utero, babies need optimal nutrients and oxygen levels and proper flow of waste removal from the placenta. When there is any kind of separation and the pregnancy is allowed to continue, the risk to the unborn child can be severe and long-term. Babies born after placental abruption occurs may develop hypoxic-ischemic encephalopathy, seizures, cerebral palsy, permanent brain damage, developmental and learning delays and more. There is also a higher probability of stillbirth. Early detection is critical to minimize the possibility of birth injuries and complications.

Birth Injuries: Dangers of HELLP on maternal health and mortality

Birth Injuries: Dangers of HELLP on maternal health and mortality

When you hear about pregnancy and childbirth in Louisville, the first things that often come to mind are joy and happiness at the thought of a new life coming into the world. Very rarely do you hear about birth complications that endanger an expectant mother’s life. While there are many beautiful things about pregnancy, there is also another side to consider – birth injuries and complications.

If you are thinking about starting your family or are expecting a new addition, you pay close attention to your physical and emotional health and well-being. You should also learn about complications that can occur during pregnancy and childbirth that could affect you and your unborn child, such as HELLP or hemolysis, elevated liver enzymes, low platelet count. To better understand the risks of the condition, check out one woman’s story.

HELLP is a life-threatening condition that affects many expectant mothers every year. One expectant mother did not realize she suffered from the condition until she started experiencing the symptoms of high blood pressure and fatigue. It was not until she went in for her 36-week checkup and her obstetrician did a blood test. After undergoing aggressive treatment to prepare her for delivery, her baby was born. Mom was not out of the woods yet. The first part of her postpartum recovery was spent on bedrest adjusting to the effects of the condition on her health.

Expectant mothers should pay close attention to their bodies and demand additional professional opinions when they suspect things are not right with their pregnancies. Many women do recover from HELLP, but the effects can be long-term and life-altering. It can occur suddenly, and without immediate treatment, maternal and fetal death can ensue. HELLP is a treatable condition. Usually, the symptoms resolve after childbirth. In rare cases, moms can continue to experience symptoms and may require further medical intervention, such as blood transfusions and lifelong blood pressure treatment.

If you are currently expecting, keep an eye out for swelling, nausea, vaginal bleeding, spotting, and pain in the shoulder, chest or abdomen. The birth injury attorneys at Wilt & Klausing, PLLC, offer legal assistance and can help you hold the medical team who oversaw your pregnancy and delivery accountable for their negligence. Our team can also help you seek compensation for your pain, suffering and other compensable factors, answer your questions and help you come to terms with your situation. Time is of the essence. Contact Wilt & Klausing, PLLC today for a free consultation.

What you need to know about pre-eclampsia

What you need to know about pre-eclampsia

As an expectant Kentucky mom, you likely view your health and that of your developing baby as your top priority. If so, then you should see your OB/GYN frequently during your pregnancy. Keep in mind that (s)he needs to monitor your pregnancy’s progress and be on the lookout for any potential problems and/or complications.

Pre-eclampsia represents a fairly frequent pregnancy complication that could pose catastrophic health risks for both you and your baby, up to and including death. It occurs as a result of two things: high blood pressure, aka hypertension, and protein in urine, aka proteinuria. If your family has a history of hypertension, be sure to tell your doctor at your first prenatal visit. (S)he may prescribe medications to control your blood pressure during your pregnancy. (S)he will also check your blood pressure during each of your prenatal visits. As for proteinuria, there is no way to diagnose it without doing a urinalysis. Your doctor therefore likely will request you to give him or her a urine sample at each prenatal visit.

Pre-eclampsia symptoms

One of the biggest pre-eclampsia red flags is the sudden, substantial swelling of your hands, feet, ankles, legs and face. While virtually all pregnant women suffer some swelling, especially of their feet and ankles, pre-eclampsia swelling is different. Not only does it come on suddenly, you also may notice one or more of the following symptoms:

  • Pain right below your ribs on your right side
  • Vomiting more severe and persistent than that caused by morning sickness
  • Blurry vision
  • “Seeing” flashing lights
  • Severe headaches
  • Shortness of breath

In addition, you may have difficulties urinating or you may “swell up” overnight. Any of these symptoms necessitates an immediate call to your doctor’s office.

Pre-eclampsia treatment

Be aware that pre-eclampsia has no cure. It goes away on its own once you deliver your baby or shortly thereafter. During your pregnancy, however, your doctor likely will recommend plenty of bed rest, more so as your pregnancy progresses into its third trimester. (S)he also likely will recommend staying off your feet as much as possible and elevating your feet and legs while sitting.

Unfortunately, pre-eclampsia tends to worsen over time. If yours becomes too severe, your doctor may hospitalize you and put you on complete 24/7 bed rest. Both you and your baby will receive constant monitoring during this period. In addition, you likely will undergo constant blood and urine tests, and your baby likely will receive both a fetal ultrasound and a nonstress test.

If even hospitalization fails to control your pre-eclampsia, both you and your baby face risk of death. In such a situation, your doctor undoubtedly will recommend either inducing labor or performing an immediate C-section, even if this means your baby will come into the world prematurely. As with so many medical emergencies, severe pre-eclampsia calls for extraordinary interventions that no doctor would otherwise recommend or perform.

Seatbelts may not prevent ejection during motor vehicle accidents

Seatbelts may not prevent ejection during motor vehicle accidents

When it comes to vehicle safety, wearing a seat belt is one of the simplest and most important steps a person can take to stay safe in the event of a crash. Kentucky law requires all motorists and vehicle occupants to be properly restrained in a seat belt or car seat. Seat belts are designed to keep a person in the safest position possible during motor vehicle accidents, but being buckled up is never a guarantee that serious injury or death can be prevented.

Recently, a Kentucky road became the scene of a serious accident that ended in injury and death. An SUV came to a sudden stop, and the driver immediately following swerved in an attempt to avoid a collision. Unfortunately, the driver was not able to keep the vehicle on the road, and the vehicle began to roll as it entered the grass next to the shoulder.

A passenger in the vehicle was wearing a seat belt, but had the seat in a reclined position. The man was ejected from the vehicle as it continued to roll. He suffered serious injury, and was taken to a nearby hospital for treatment, but sadly died a short time later.

When motor vehicle accidents claim lives, the family of the victim may not know where to turn for help. Funeral expenses and legal matters can seem overwhelming in a time of grief. Many families seek the aid of an experienced attorney. An attorney may be able to assist with the paperwork with regard to insurance and legal claims so families can take time to heal.