Kentucky birth injury victims must pass several hurdles to file a case

Lexington, KY – When a mother is going to the hospital to deliver her baby, she often does not think about the possibility of issues with the doctors and medical staff that can potentially hurt her or her child. However, birth injuries do happen occasionally and cause a great deal of harm, along with long term financial losses and expenses. Any family who has experienced a birth injury will have to file a case that follows the rules of medical malpractice lawsuits under Kentucky law.

Requirements to bring a medical malpractice lawsuit

There is a very short statute of limitations within the state of Kentucky for actions that allege any kind of medical malpractice or negligence. The case must be brought within the first year that the injury happened or could have reasonably been discovered. This means that plaintiffs need to act quickly to get representation and bring their case in order to avoid having the cause of action blocked by the statutory time limit. 

Another statutory requirement is that the standard complaint that is used to file a medical negligence case must be reviewed by a medical review panel. This panel has to read through the document and issue an opinion regarding the case’s potential to be successful. The panel is made up of a lawyer and three other healthcare professionals. There is also a special procedure to select the people who compose the panel, which can cause additional litigation between the plaintiff and defendant.

After being selected the members of the panel have a month to give their conclusions regarding whether the defendant healthcare provider followed the relevant duty of care, and if not, whether the lack of care was a main cause of the plaintiff’s injury.  

This filing process is clearly quite complex, even by legal standards, so it is important for any victims to get help from an experienced lawyer if they want their case to reach the courts. 

What are the damages available in birth injury lawsuits?

Damages are essentially a way of calculating the financial costs of an injury. This can include things like loss of the ability to work and earn a living, the money that was invested into medical treatment that is only necessary because of the injury, and continued trauma and pain that can affect a person’s ability to function normally. 

Kentucky law does not have any damage caps for injuries related to medical malpractice. This means that economic and non-economic damages can be as large as they need to be, in order to compensate the victim totally. 

Finding out if a lawsuit is necessary after an incident at the hospital

USAttorneys.com is a site that is available to anyone who is experiencing issues with a birth injury or medical malpractice in the Lexington area. Potential clients can choose their state and the lawyer’s practice area to receive information about contacting a licensed attorney in their area.