What to Expect During a Birth Injury Lawsuit in Kentucky

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 initial document that begins the lawsuit when it is filed in civil court) and is an affidavit that declares:

  • The attorney for the plaintiff or the plaintiff has reviewed the facts of the case and consulted with an expert medical witness with knowledge about the issues involving the case.
  • In the expert medical witness’s opinion, there is a reasonable basis for filing a medical malpractice lawsuit.

There are some exceptions to obtaining an affidavit from an expert medical witness if it is not possible or appropriate to obtain this opinion by the time the lawsuit needs to be filed. We encourage you to speak to a skilled medical malpractice lawyer for assistance with getting the claim filed promptly and properly.

The Discovery Process

After a lawsuit is filed, the discovery process begins. This is the period during a civil injury lawsuit where attorneys for both sides will exchange evidence with one another and have chances to take depositions of possible witnesses. The discovery process can take quite some time, particularly when dealing with complex medical issues.

During the discovery process, evidence may come to light that convinces one side or the other to either settle the claim or drop the case. It is not uncommon for there to be continued negotiations, possibly through a mediation process, while the discovery phase proceeds.

Going to Trial

In the event no settlement can be reached by the parties involved, the case will proceed forward to a jury trial. It could take some time after the case is initially filed before the case reaches a jury, often years. If the case does make it to trial, attorneys for both parties will have a chance to lay the facts out for the jury to hear. The jury will have a chance to deliberate and determine whether or not the alleged negligent medical provider more than likely caused the birth injury. If they determined that the medical provider was indeed responsible, the jury will also determine the dollar value of the damages to award the plaintiff.

Working With a Skilled Louisville Medical Malpractice Lawyer

If your child has been harmed due to a birth injury, we encourage you to reach out to an attorney as soon as possible. A medical malpractice lawyer in Louisville can examine the facts of your case and explain your best steps moving forward. An attorney can use their resources to help investigate the claim and obtain assistance from trusted medical experts, and they will fully prepare your case for trial if needed.