Florence, KY Birth Injury Lawyer

Welcoming a child into the world should be one of life’s most joyful moments. But when a preventable injury occurs during pregnancy, labor, or delivery, that joy can quickly turn into confusion, grief, and overwhelming worry. If your baby suffered a birth injury in Florence, Kentucky or a nearby area, you may be left wondering how this happened—and what you can do next.

If your child suffered harm at birth due to negligent medical care, you deserve answers and support from a legal team that understands what you’re going through. At O’Connor, Acciani & Levy, our Florence, KY birth injury lawyers are here to help you take the next step, without adding more stress to your life.

You should not have to choose between caring for your baby and holding the responsible parties accountable. We’re here to handle the legal side so that you can focus fully on your child’s needs.

Schedule Your Free Consultation

Florence, KY Birth Injury Guide:

Common types of birth injuries
How is a birth injury different from a congenital disability?
How Medical Negligence Leads to Birth Injuries
Who can be held responsible?
Signs Your Child May Have Suffered a Birth Injury
Damages You May Be Entitled to Recover
How a Florence, KY Birth Injury Lawyer Can Help Your Family
Call a Florence Birth Injury Lawyer Today

What Is a Birth Injury?

A birth injury refers to physical harm that a baby suffers before, during, or shortly after delivery. These injuries may be caused by medical negligence or failure to respond to complications in a timely and appropriate manner. Not every injury is the result of malpractice, but many are—especially those that could have been prevented with proper care.

Common types of birth injuries

Birth injuries can vary widely in severity and impact. Some are temporary and heal with time, while others may result in permanent disability. Below are some of the most commonly seen birth injuries in medical malpractice cases:

Cerebral palsy

A group of disorders affecting movement, muscle tone, and posture, usually caused by oxygen deprivation or head trauma during labor or delivery, damaging the baby’s developing brain. Symptoms may range from mild motor issues to severe physical and cognitive impairments.

Brachial plexus injury (Erb’s palsy, Klumpke’s palsy)

Damage to the network of nerves that control the arm and hand, often caused by excessive force or improper handling during delivery. Erb’s palsy affects the upper arm, while Klumpke’s palsy involves the lower arm and hand. These injuries can lead to weakness, loss of motion, or even permanent paralysis.

Hypoxic-ischemic encephalopathy (HIE)

A serious brain injury resulting from reduced oxygen and blood flow to the baby’s brain. HIE can occur if the umbilical cord is compressed or if delivery is delayed. It may lead to long-term neurological problems, including developmental delays or cerebral palsy.

Intracranial hemorrhage

Bleeding inside the skull is often caused by trauma during delivery or the improper use of delivery tools like forceps or vacuum extractors. Depending on where the bleeding occurs, it can cause seizures, brain damage, or death.

Skull fractures

Fractures can occur if forceps or vacuum tools are used with too much pressure. While some minor fractures may heal on their own, others can result in brain damage or require surgery.

Facial nerve injury

Often resulting from forceps use or prolonged pressure during delivery, this can cause temporary or permanent facial muscle weakness or paralysis. The baby may be unable to close one eye or move parts of the face.

Spinal cord injury

Rare but extremely serious, spinal cord trauma can occur if the baby is pulled or twisted during a complicated delivery. It may result in paralysis or loss of sensation depending on the location and extent of the injury.

Perinatal asphyxia

A condition where the baby does not get enough oxygen during or right after birth. It may cause damage to the brain, heart, lungs, or other organs and often requires intensive care and long-term monitoring.

Meconium aspiration syndrome (MAS)

Occurs when a baby inhales a mix of meconium (the first stool) and amniotic fluid before or during birth. This can block airways and lead to breathing problems or infections.

Improper use of delivery tools can lead to bruising, cuts, skull fractures, or damage to the baby’s nerves and brain. Safe handling requires training and skill, and misuse may be considered negligence.

The effects of these injuries can be physical, cognitive, and emotional, impacting both the child’s future and the stability of your family.

How is a birth injury different from a congenital disability?

It’s important to distinguish between a birth injury and a congenital disability (also referred to as a birth defect). A congenital disability typically develops while the baby is still in the womb due to genetic factors or environmental exposures.

A birth injury, on the other hand, is often caused by something that went wrong during labor or delivery, especially if medical providers failed to act according to established standards of care.

How Medical Negligence Leads to Birth Injuries

Not every bad outcome in childbirth is the result of medical malpractice. However, when healthcare professionals act carelessly or fail to follow proper procedures, they may be held legally responsible for the injuries that follow.

Forms of negligence that may cause a birth injury

A birth injury lawyer will look for evidence of:

Failure to monitor fetal distress
Improper use of forceps or vacuum extraction tools
Delayed C-section when one was medically necessary
Incorrect medication or dosage during labor
Failure to recognize and treat infections
Poor handling of shoulder dystocia or breech positioning

These are just a few of the many ways a healthcare provider's missteps can lead to serious, avoidable harm.

Who can be held responsible?

Medical negligence can involve more than one party. Depending on the circumstances, the OB-GYN, labor and delivery nurses, anesthesiologists, hospital, or even the medical group may be liable. Your attorney can investigate what went wrong, review medical records, and work with experts to determine responsibility.

Signs Your Child May Have Suffered a Birth Injury

Some birth injuries are apparent right away, while others may take weeks, months, or longer to appear. Trust your instincts. If something feels wrong, it’s worth seeking medical and legal guidance.

Immediate symptoms may include:

Low Apgar scores
Seizures within the first 48 hours
Floppy or rigid muscles
Bruising or swelling on the head
Difficulty feeding or sucking

Delayed symptoms may show up as:

Developmental delays
Difficulty crawling or walking
Muscle stiffness or weakness
Learning challenges
Poor coordination

Early diagnosis and intervention can help improve outcomes. A timely legal evaluation can also preserve your right to pursue compensation before important deadlines pass.

Damages You May Be Entitled to Recover

A birth injury doesn’t just affect your child’s health—it alters your family’s financial and emotional well-being. When negligence is involved, Kentucky law allows families to pursue a medical malpractice claim or, in tragic cases, a wrongful death lawsuit.

Possible compensation may include:

Medical expenses (past and future)
Costs of therapy and in-home care
Adaptive equipment or housing modifications
Pain and suffering
Emotional distress
Loss of earning potential
Punitive damages (in egregious cases)

In cases involving severe disability, compensation can provide for a lifetime of support. An experienced Florence birth injury lawyer will work closely with medical and financial experts to calculate a full and fair value for your claim.

How a Florence, KY Birth Injury Lawyer Can Help Your Family

When your child has suffered a birth injury, you may not know where to begin or how to move forward. Medical providers may be unwilling to give you straight answers. Insurance companies may seem focused more on protecting themselves than helping you.

A trusted Florence personal injury lawyers with O’Connor, Acciani & Levy becomes your advocate during this difficult time, working to uncover what went wrong and hold the responsible parties accountable.

The key tasks we handle in birth injury cases include:

Conducting a full investigation

We will obtain and review your complete medical records, consult with medical experts, and analyze every stage of care—from prenatal monitoring to delivery and newborn care. If a mistake occurred, your attorney will identify it and build a case around how that negligence caused harm.

Building a claim for damages

The cost of raising a child with a serious birth injury can be life-altering. From adaptive medical equipment to full-time caregiving and lost future wages, your attorney will help calculate the full scope of your damages.

Handling every step of the legal process

From the moment you hire a birth injury lawyer, you can hand off the stress of dealing with hospitals, insurance adjusters, and medical record requests. Your lawyer will take on all of the communications, documentation, and legal filings, allowing you to focus on your child’s care.

Fighting for full compensation

Whether through negotiation or trial, your legal team will push for a result that reflects your child’s needs, now and in the future. Many cases result in a settlement, but if the at-fault party's insurance company refuses to offer fair compensation, our Florence, KY birth injury attorneys will be ready to take the case to court.

What to Expect During a Birth Injury Lawsuit

Lawsuits involving birth injuries can be emotionally difficult and legally complex, but knowing what to expect can help reduce the uncertainty. O’Connor, Acciani & Levy’s team of Florence, KY birth injury attorneys will guide you through every phase of the process.

Step 1: Free legal consultation

You’ll begin by meeting with a birth injury attorney for a free case review. This is your chance to ask questions, explain what happened, and get an honest assessment of whether you have a potential claim.

Step 2: Case investigation and expert review

If your attorney believes you have a viable claim, they will begin gathering evidence. This often includes birth records, prenatal notes, fetal monitoring strips, and more. We consult medical experts—typically obstetricians, neurologists, or pediatric specialists—to determine if the standard of care was violated.

Step 3: Filing the lawsuit

Once the facts are clear and liability is established, your birth injury lawyer will file a formal complaint in court. The defendants (doctors, nurses, hospitals, etc.) are then notified and will respond.

Step 4: Discovery

Both sides exchange evidence and depose witnesses, including medical professionals. This phase helps clarify each party’s position and often leads to settlement discussions.

Step 5: Settlement or trial

Most birth injury cases settle before trial. However, if a fair resolution isn’t offered, your attorney will prepare for trial and present your case before a judge or jury. You’ll be kept informed and supported throughout this process.

Frequently Asked Questions

What is the deadline for filing a birth injury lawsuit in Kentucky?

Kentucky law generally gives you one year from the date the injury is discovered—or reasonably should have been discovered—to file a medical malpractice claim. However, exceptions may apply, especially for minors. To protect your right to pursue compensation, speak with an attorney as soon as possible.

What if my child’s injury wasn’t diagnosed right away?

Many birth injuries, such as cerebral palsy or developmental delays, don’t show up until months or even years after birth. Kentucky’s discovery rule may allow the statute of limitations to begin when the injury is first identified. A lawyer can help determine your specific deadline.

What if I was partially at fault or had a high-risk pregnancy?

Even if your pregnancy involved known complications or you were advised of certain risks, that does not excuse negligent care. Doctors and medical staff are still required to meet professional standards. Let an attorney evaluate the facts before making assumptions about your legal options.

How much does it cost to hire a birth injury lawyer?

At O’Connor, Acciani & Levy, we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case. This allows families of all backgrounds to access skilled legal help without financial pressure.

Why Choose O’Connor, Acciani & Levy for Your Florence, KY Birth Injury Case?

When your child’s future is at stake, choosing the right legal team matters. At O’Connor, Acciani & Levy, our birth injury lawyers bring compassion, strength, and decades of experience to every case we handle. We’re proud to serve families in Florence, Kentucky, and surrounding communities with personalized attention and fierce legal advocacy.

A track record of results

With more than 200 years of combined experience and a record of obtaining life-changing results, our attorneys have helped more than 117,000 clients find the justice they deserve. We’ve won significant settlements and verdicts in complex injury cases involving newborns and children, helping parents plan for recovery, long-term care if needed, and financial stability.

Dedication to Client Satisfaction

Our goal isn’t just to obtain the full and fair compensation your child needs and deserves; it’s also to ensure you are 100% satisfied with our services from beginning to end. Our client-centered approach has earned us nearly 1,000 five-star reviews.

Local support, statewide reach

From our Florence office conveniently located near I-71, we’re accessible to families across Boone County, Erlanger, Union, Walton, Burlington, and other areas throughout northern Kentucky. If your injuries or circumstances make travel difficult, we’ll meet you by phone or video at your convenience.

We take on the legal stress, so you don’t have to

From your first call to the resolution of your case, our team handles everything: medical record reviews, expert consultations, insurance negotiations, and more. We keep you informed every step of the way and treat your case with the care it deserves.

Call a Florence Birth Injury Lawyer Today

Taking legal action now can safeguard your child’s future.

If your baby was harmed during birth due to medical negligence, you deserve answers and fair compensation. We understand how much you have at stake, and we know that you need to make the best possible decisions for your child.

The process of taking legal action right now may seem intimidating, but the experienced Florence, KY birth injury lawyers with O’Connor, Acciani & Levy will help make the process as easy as possible. We are happy to answer any questions you may have, address your concerns, and take on the legal burden so you can focus on your child’s care and your family’s future.

Contact our Florence, KY birth injury lawyers today for a free, no-obligation consultation. You pay nothing unless we win your case. Call (859) 581-7993 or fill out our online form to schedule your confidential review. We’re here to help you get the compensation and peace of mind you deserve.

Meta Description: If your baby was injured at birth in Florence, KY, the birth injury lawyers at O’Connor, Acciani & Levy can help you seek justice and compensation. Free consultation available.