Birth Injury Lawsuits | LOUISVILLE, KENTUCKY

A birth injury caused by medical negligence is not something a family should have to absorb alone.

Birth injuries caused by preventable medical errors, including cerebral palsy from oxygen deprivation, brachial plexus injuries from improper delivery technique, and brain damage from untreated jaundice, can require a lifetime of care. Hance & Srinivasan has the medical knowledge and trial experience to pursue these claims fully.

Start Your Free Case Review –  or call  – (502) 426-4301

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  • SUPER LAWYERS® KENTUCKY SUPER LAWYERS Multiple Years
  • 40+ YEARS TRIAL EXPERIENCE Kentucky Courts
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Birth Injury Lawsuits Overview

Birth injuries are often misattributed to natural causes. Independent expert review tells a different story.

When a child is born with an injury, the explanation from the medical team is frequently that complications arise in even the best-managed deliveries. In many cases, that is true. In many others, it is not. Oxygen deprivation during labor that goes unaddressed, excessive traction during delivery, failure to perform a timely cesarean section, and failure to treat elevated bilirubin levels are all preventable failures. Distinguishing negligence from unavoidable complication requires independent review of fetal monitor strips, nursing notes, delivery room records, and the opinions of qualified obstetric and neonatal experts.

““These are the hardest cases we handle, and they matter the most. The goal is always to secure what the child will need for the rest of their life.””

What Clients Say

People who trusted us when it mattered most.

“Would highly recommend these attorneys. They did a great job handling my daughter’s case from beginning to end. I would describe them as professional, dedicated and organized. They always kept me updated as to current status of the case on a daily basis and carefully listened to my concerns along the way. I always felt they had my best interest in mind and were very sensitive as to what my family and I were going through during a very difficult time.”

Lisa H.

  • ⭐️⭐️⭐️⭐️⭐️ Verified Google Review

What happens when you call

From auto wrecks to malpractice and wrongful death, we handle complex cases with focus, care, and precision.

  1. 1

    You Tell Us What Happened

    A free, confidential consultation. No paperwork. No commitment. We listen to your story and ask the questions that matter.

  2. 2

    We Give You an Honest Assessment

    We will tell you what we think your case is worth, whether we are the right firm for it, and what we would do to pursue it. No spin.

  3. 3

    We Go to Work. You Pay Nothing Unless We Win

    We advance all costs. Our fee comes from the recovery. If we do not win, you owe us nothing. No promises. That is simply how we work.

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Your case review is free. The call costs you nothing.

We review every case personally. If we take it, we handle it completely. If we do not think we can improve your outcome, we will tell you that honestly.

Free Case Review — or call — (502) 426-4301
  • No Fee Unless We Recover
  • Free Case Review
  • No Obligation
  • 40+ Years of Trial Experience
  • ~100% Referral Based Practice

Know Your Birth Injury Lawsuits Rights

Birth Injury Lawsuits in plain language.

Birth injury cases require detailed medical expert analysis before a determination can be made. If we take your case, we pursue what your child will need for a lifetime of care. If we do not think we can improve your outcome, we will tell you that honestly.

Your Child's Right to Hold the Delivery Team Accountable.

Obstetricians, midwives, labor and delivery nurses, and neonatologists each owe a duty of care to both the mother and the newborn. When any member of the delivery team deviates from the standard of care and causes an injury to the infant, the family has a right to pursue a malpractice claim against the responsible provider and the hospital.

Your Child's Right to Extended Filing Time.

Under KRS 413.170, the one year medical malpractice statute of limitations is tolled for minor plaintiffs. A child injured at birth has until their 19th birthday to file a claim for their own injuries, regardless of when the injury or its cause was discovered. This tolling exists because a minor cannot hire an attorney or bring a lawsuit independently. Parents pursuing their own separate claims operate under different deadlines.

Your Right to Lifetime Care Costs.

Birth injury claims involving permanent disability, including cerebral palsy, cognitive impairment, or permanent brachial plexus injury, require expert testimony establishing the cost of lifetime care. Kentucky does not cap damages in medical malpractice cases. A verdict or settlement in a serious birth injury case must account for decades of medical treatment, therapy, adaptive equipment, personal care assistance, and reduced quality of life.

Birth Injury Lawsuits Questions

  • A malpractice claim requires evidence that a healthcare provider deviated from the standard of care and that the deviation caused or contributed to the injury. Independent expert review of the delivery records, fetal monitor strips, and nursing documentation is required to make that determination. We offer a free consultation to evaluate whether that expert review is warranted.

  • Some birth injuries, including hypoxic brain damage, brachial plexus injury, and kernicterus, may not be fully apparent until the child begins to miss developmental milestones. Under the discovery rule applicable to medical malpractice claims, the statute of limitations begins to run when the family knew or reasonably should have known of the injury and its potential cause. For minors, the clock also does not start until age 18.

  • A certificate of merit is required. Under KRS 411.167, a plaintiff filing a medical malpractice claim must attach a certificate to the complaint affirming that a qualified medical expert has reviewed the facts and concluded there is a reasonable basis for the claim. This requirement exists to ensure that claims have expert support before they reach court. Hance & Srinivasan works with qualified medical experts to meet this requirement and build the evidentiary foundation for every case they take.

  • If we become your attorney we obtain your medical records for you. Often times the records provided to patients by hospitals and doctors are not the full set of records. We make sure all your records are provided

  • You may recover all medical expenses past and future, lost wages, reduced earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Kentucky imposes no cap on these damages. In cases where the hospital’s conduct was particularly reckless or showed conscious disregard for patient safety, punitive damages may be available.

Further reading

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Related Practice Areas

We represent clients throughout Kentucky.

  • Louisville
  • Lexington
  • Bowling Green
  • Northern KY
  • Owensboro
  • Statewide

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