Birth Injuries

Louisville Attorney for Birth Injuries Suffered throughout Kentucky

Finding out that your newborn has suffered a birth injury can be one of the most devastating experiences of your life. A birth is supposed to be a time of joy and celebration, unencumbered by the effects of a doctor’s, nurse’s, or other caregiver’s mistake.

Unfortunately, statistics show that seven out of every 1,000 newborns in the United States suffers a birth injury. This amounts to 28,000 injuries annually – many of which can and should be avoided with appropriate care. Here in Kentucky, numerous families each year receive the tragic news that their new babies have been injured during the birthing process. At Gladstein Law Firm, PLLC, we are committed to ensuring that these families receive just compensation.

The Financial Consequences of a Birth Injury

If your newborn has suffered a birth injury, the medical bills will pile up rapidly, and you and your family could be in for a lifetime of financial burdens. Your baby deserves every possible opportunity, and you deserve to be able to provide these opportunities without constraints imposed by the high cost of medical care. If your baby’s birth injuries are the result of medical malpractice, we can help you fight to have your costs covered by the doctor, hospital, or other facility responsible for the mistake.

Depending on the severity of your newborn’s injuries, possible immediate and long-term costs could include:

  • Medical bills for diagnosis, surgery, treatment, and long-term care
  • Hospital expenses
  • In-home care
  • Prescriptions and medical devices
  • Counseling
  • Physical therapy
  • Education-related expenses
  • Modifications to your home and vehicles

In addition to these out-of-pocket costs, families coping with the reality of a birth injury can often claim compensation for pain and suffering, loss of consortium and companionship, loss of life’s enjoyment, and lost income for time missed from work in order to tend to their child’s needs.

Common Birth Injuries

With thousands of birth injuries every year, many families find themselves struggling to deal with a wide range of consequences. These consequences can range from treatable injuries to permanent disabilities, and can arise from prenatal, delivery room, and neonatal malpractice. Some of the most common birth injuries include:

  • Brachial plexus injuries
  • Brain damage
  • Cerebral palsy
  • Cystic fibrosis
  • Intracranial hemorrhage (bleeding inside of the skull)
  • Nerve injuries
  • Perinatal asphyxia
  • Shoulder dystocia
  • Spina bifida
  • Spinal cord injuries (including paralysis)

Are You Entitled to Compensation for Your Baby’s Birth Injury?

In order to seek financial compensation for your baby’s birth injury, you will need to be able to prove that his or her injury was the result of medical malpractice. Attorney Seth Gladstein has over 10 years of experience handling medical malpractice claims – first as a defense lawyer in New York and now as a victims’ lawyer serving clients throughout Kentucky. When you contact Gladstein Law Firm, PLLC about your case, Seth will work closely with you and a team of trusted medical experts in order to determine (i) whether you have a claim, and (ii) if so, how much you are entitled to recover for your baby’s injuries and your financial losses.

There are several medical errors that can lead to birth injuries, including:

  • Delivery errors – Possible delivery errors include failure to control bleeding, failure to ensure an adequate oxygen supply and blood flow, surgical errors during cesarean sections (c-sections), and improper use of tools such as vacuum extractors and forceps.
  • Failure to diagnose the mother, fetus, or newborn – With proper diagnosis, many birth injuries can be avoided. This applies to diagnosis of the mother’s and fetus’ medical condition during pregnancy, as well as diagnosis of complications arising during delivery.
  • Faulty advice and failure to obtain informed consent – If your doctor failed to warn you of the risks of pregnancy, natural childbirth, a c-section, or certain medications, this may have led you to make an uninformed decision. Physicians owe a duty to obtain patients’ informed consent, and a failure to do so that results in a birth injury may constitute medical malpractice.
  • Neonatal care errors – Babies transferred to neonatal intensive care units may suffer birth injuries due to diagnosis failures, medication errors, substandard care, oxygen deprivation, or over-ventilation.
  • Pitocin errors – Pitocin is a drug that is commonly used to either induce labor or speed up the labor process. Its use is widely associated with several types of birth injuries. Errors during administration of Pitocin can lead to injuries as well.

To find out if you have a claim, we encourage you to contact us right away for a *free consultation.

Schedule a *Free Consultation at Gladstein Law Firm, PLLC | Louisville, KY Birth Injury Attorney

At Gladstein Law Firm, PLLC we can help determine if your child’s birth injury may be the result of medical malpractice. If so, we will fight aggressively to win the compensation you and your family deserve. To speak with attorney Seth Gladstein about your case, please contact us today.


*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Among many settlements, Gladstein Law Firm has recovered: $1.8 Million settlement for medical malpractice case involving negligent performance of hysterectomy (Christian Circuit Court); $1.75 Million medical malpractice case involving negligent failure to timely diagnose and treat lung cancer (Jefferson Circuit Court); $550,000 settlement for failure to diagnose prostate cancer (pre-litigation settlement); $500,000 settlement for negligent failure to diagnose and treat an impending stroke after brain surgery (Jefferson Circuit Court); and $195,000 settlement for negligent failure to diagnose and treat a potentially life-threatening heart condition (Macon Co., N.C.; served as co-counsel)  Click here to see some of Gladstein Law Firm, PLLC’s successes. Client pays costs only upon recovery.

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