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Posted on Nov. 17 2023 in Birth Injury
When a child is born with an injury or illness, parents are rightfully concerned. This can mean additional medical procedures or even temporary or long-term disabilities for the child. However, it is important to understand the difference between a birth injury and a birth defect. Birth injuries often lead to medical malpractice claims, so we want to make sure you understand how a birth injury differs from a defect because this can impact your family’s ability to recover compensation. Defining a Birth Defect Birth defects are not uncommon, affecting approximately one out of every 33 babies born in the US every year, according to the Centers for Disease Control and
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Posted on Nov. 1 2023 in Birth Injury,Medical Malpractice Cases
If you and your family are expecting to file a birth injury lawsuit against an alleged negligent medical provider, you need to know what to expect. Birth injury lawsuits in Kentucky are challenging; there is no denying that. These claims involve complex medical issues, and there will most certainly be well-funded insurance carriers and legal teams on the other side of the case. Filing the Claim A birth injury lawsuit in Kentucky will typically start with an attorney working to obtain a “certificate of merit.” A certificate of merit is required by Kentucky Revised Statutes section 411.167. Under this requirement, plaintiffs must file the certificate along with their complaint (the
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Posted on Sep. 14 2023 in Birth Injury,Medical Malpractice Cases
According to information available from the Kentucky Cabinet for Health and Family Services, approximately 700 to 800 children are born in this state each year in locations other than regular hospitals. This includes births that occur at home. However, what happens if a child sustains an injury during a delivery at home? Who, if anybody, could be held liable for the child’s injuries? Here, we want to discuss home birth child injury liability. We strongly encourage you to reach out to an attorney if you have any questions or concerns about a home birth you have been involved in. Are Home Births Legal in Kentucky? Home birth is legal in
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Posted on Sep. 1 2023 in Medical Malpractice Cases
Patients have a right to know and understand any medical procedures a doctor or another medical professional recommends. Before any type of medical procedure, patients must give their informed consent unless they are otherwise unable to do so due to an incapacitation. Here, we want to discuss what informed consent means as well as what happens if a medical professional fails to obtain informed consent before carrying out a procedure. What Does Informed Consent Mean? According to the American Medical Association (AMA), patients have the right to “receive information and ask questions about recommended treatments so that they can make well-considered decisions about care.” The process of informed consent is
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Posted on Jul. 27 2023 in Medical Malpractice Cases
Birth injuries, whether they were preventable or injuries caused by the negligence of a health care provider, can have a tremendous impact on the lives of both a child and parent. Birth injuries can significantly affect the health and well-being of a child, as most people understand. However, there are significant emotional and psychological effects that a birth injury can have on parents as well. In this article, a Louisville medical malpractice lawyer delves into the effects of birth trauma on both parents and children. The Impact of a Birth Injury on the Child The impact of a birth injury on a child can be significant. Yes, there are times
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Posted on Jul. 13 2023 in Medical Malpractice Cases
Birth injuries are not uncommon. Sometimes, babies are born with an injury that nobody could have done anything about, but there are times when birth injuries are caused by the careless or negligent actions of medical professionals involved with labor and delivery. Some of the most common birth injuries include brachial palsy, broken or dislocated bones, caput succedaneum, paralysis, hemorrhaging, and more. Here, we want to review how parents or guardians know if they have grounds for a birth injury claim. We strongly encourage any person who suspects their child has been harmed due to a birth injury to reach out to an attorney as soon as possible. Was the
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Posted on May. 24 2023 in Car Accident Information,Personal Injury Cases
The immediate aftermath of a vehicle accident can be a confusing experience. This time frame can be particularly stressful if there are significant injuries or property damage involved. However, there is certain information that should be exchanged at the scene of the incident between those involved. Here, we want to examine what you should and should not give other parties when you exchange information after an accident. Exchange This Information After a Kentucky Auto Accident At the scene of a vehicle accident, there will often be a sense of urgency and confusion. This can lead to many important steps that need to occur at the scene falling through the cracks.
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Posted on May. 10 2023 in Car Accident Information,Personal Injury Cases
If you or somebody you care about sustains an injury or property damage in a vehicle accident caused by the negligence of another party, you may be able to recover compensation. This compensation can come through an insurance settlement or as a result of a personal injury lawsuit jury verdict. However, you may be wondering how long it will take to recover compensation. Here, we want to examine the timeline involved in a Kentucky vehicle accident. It is important to keep in mind that no two accidents are exactly alike, so the timeline for your particular claim will look different than the timeline for another individual. Filing an Insurance Claim
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Posted on Apr. 5 2023 in Dangerous Drug Information
Each year, there are thousands of new medications approved for public use. However, there are times when issues are discovered with medications that are currently on the market. Sometimes, the problems discovered with the medication can lead to a recall so that the medications are no longer available for purchase and consumption. Here, a Louisville medical malpractice lawyer discusses the FDA prescription drug recall process. The FDA’s Role in Recalls The US Food and Drug Administration (FDA) remains firmly in charge of medication approvals in the US. They state that the most effective way to protect individuals from harmful products is to initiate a drug recall. Recalls are voluntary actions
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Posted on Apr. 1 2023 in Personal Injury Cases
Anytime an individual sustains a severe traumatic brain injury and experiences any level of coma, there is a good chance they will experience some sort of short-term memory problems. Along with feelings of disorientation, agitation, anger, and impulsiveness, individuals may experience a complete lack of disregard for social convention. All of this is part of the healing process after a significant traumatic brain injury, and it is commonly referred to as post-traumatic amnesia (PTA). What Causes Post-Traumatic Amnesia? Individuals typically sustain post-traumatic amnesia after they have already sustained a traumatic brain injury and been in a coma. When an individual sustains a brain injury and emerges from a coma, there
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