Childbirth can involve serious risks for mothers. Thus, when a healthcare provider fails to provide appropriate care during pregnancy, labor or delivery, the consequences can be severe. In such cases, the mother may suffer injuries that require extensive treatment and recovery.
If an individual believes medical negligence caused the injury, understanding how to file a claim is an important step toward protecting their rights.
Steps to file a maternal birth injury claim in Louisville
To file a medical malpractice lawsuit, an injured person must first establish that a healthcare provider’s negligence caused their injury. Once the injured person establishes this, they can move forward with the claim by following these steps:
Check the filing deadline: Determine which limitations period may apply to the maternal claim.
Gather medical records: Obtain the medical records related to the pregnancy, labor, delivery and treatment after the injury. These records can help demonstrate if the provider failed to meet the standard of care. In Kentucky, these records also play a direct role in the certificate-of-merit process. This process specifically considers medical records, fetal heart monitor strips and imaging.
Have the claim reviewed by an expert: Because Kentucky generally requires a certificate of merit when a claim relies on expert testimony, the injured person or their attorney must consult a qualified expert. The expert reviews the facts and confirms that the claim has a reasonable basis.
Document damages: With the merits of the claim supported, attention turns to calculating what was lost: medical expenses, rehabilitation costs, lost income, and physical pain or emotional distress. The injured person should support each loss with documentation showing the related expenses and impacts.
File the complaint with the required certificate: Once the investigation and required expert review are complete, the injured person can file a complaint in the appropriate court. If the case requires expert testimony, the injured person must generally file the certificate of merit with the complaint.
Together, these steps can help build the foundation for a birth injury claim. Medical records, expert review and proof of losses can help show how the standard of care was breached.
Seeking legal guidance
Birth injury claims involve strict deadlines and complex requirements. If you believe negligence caused your or your child’s injury, consider speaking with a medical malpractice attorney. They can help you understand your legal options and the compensation you may be able to seek.