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August 26, 2026

The Kentucky Birth Injury Lawsuit Process (Step by Step)

Morrin Law Office
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A Kentucky birth injury case usually begins long before a lawsuit is filed.

The first stages often involve obtaining medical records, reconstructing what happened during labor and newborn care, identifying the healthcare providers and institutions involved, evaluating filing deadlines, and consulting qualified medical experts.

Only after that investigation may it become reasonable to file a medical malpractice claim.

And not every Kentucky birth injury case follows the same path.

A claim against a private hospital or physician may proceed through Kentucky Circuit Court.

A negligence claim involving the Commonwealth, a state institution, or certain state employees may instead fall within Kentucky’s Board of Claims system.

That distinction can affect:

  • Filing deadlines
  • Where the claim is filed
  • Whether ordinary minority tolling applies
  • Available procedures
  • Damage limits
  • Settlement
  • Trial or hearing rights

This guide explains the major steps in plain English.

It is not a promise that every case will reach each stage—or that every serious birth injury supports a lawsuit.

Step 1: Protect the Child’s Health and Start Preserving Evidence

Medical treatment comes first.

If a newborn or child is currently experiencing medical problems, legal investigation should never delay appropriate care.

Once the immediate situation is stable, families can begin preserving records.

Kentucky Gives Patients Rights to Medical Records

Under KRS 422.317, a patient who makes a written request to a covered hospital or healthcare provider is entitled to a copy of the medical record without charge.

The statute allows a provider to charge up to one dollar per page for a second copy under specified circumstances.

Kentucky also enacted KRS 422.355, effective in 2024, providing that a parent of a patient under age 18—or another authorized personal representative—generally has the right to access the minor’s health information, subject to applicable federal and state exceptions.

What Records Should Be Requested?

Depending on the injury, request records from every involved provider or facility.

Potentially important material includes:

Prenatal Records

  • Obstetric records
  • Maternal-fetal medicine records
  • Ultrasounds
  • Laboratory testing
  • Prenatal fetal testing
  • Maternal medical conditions
  • Delivery-planning documentation

Labor and Delivery

  • Complete labor chart
  • Nursing notes
  • Physician or midwife notes
  • Complete fetal heart rate monitoring strips
  • Contraction tracing
  • Oxytocin administration data
  • Medication administration record
  • Maternal vital signs
  • Cervical examinations
  • Fetal position and station
  • Escalation documentation

Operative Delivery

If forceps, vacuum, or cesarean delivery occurred:

  • Operative vaginal delivery note
  • Instrument used
  • Traction attempts
  • Vacuum detachments
  • Cesarean decision time
  • Operating-room activation
  • Anesthesia record
  • Skin-incision time
  • Delivery time
  • Operative report

Newborn Records

  • Apgar scores and components
  • Neonatal resuscitation record
  • Cord arterial and venous gases
  • Early blood gases
  • Newborn examination
  • NICU records
  • Bilirubin values
  • Sepsis evaluation
  • EEG
  • MRI
  • Other imaging
  • Specialist consultations

Transfer Records

If the child was transferred:

  • Transfer request
  • Accepting physician documentation
  • Transport activation
  • Transport-team chart
  • Departure and arrival times
  • Receiving-hospital chart

Ask for the actual imaging and available underlying electronic studies, not simply written radiology or EEG reports.

Step 2: Identify the Potential Defendants and the Correct Legal Forum

One of the earliest legal questions is:

Who actually provided the care, and what was each person’s or institution’s legal status?

Potential defendants can include:

  • Obstetrician
  • Family physician providing obstetric care
  • Midwife
  • Resident or fellow
  • Supervising physician
  • Labor and delivery nurse
  • Anesthesia provider
  • Neonatologist
  • Pediatrician
  • Hospital
  • Healthcare system

Employment relationships matter.

A physician working inside a hospital is not necessarily employed by that hospital.

Likewise, treatment at a state-affiliated facility can involve:

  • State employees
  • Private physician groups
  • Independent contractors
  • Multiple healthcare entities with different legal status

Those distinctions can affect where the claim belongs.

Private Medical Malpractice Claims vs. Kentucky Board of Claims Cases

This is one of the most important distinctions in a Kentucky birth injury case.

Private-Sector Claims

A substantial birth injury claim against a private physician, medical group, or private hospital will ordinarily proceed as a civil action in Kentucky Circuit Court when jurisdiction and venue requirements are satisfied.

Kentucky’s Rules of Civil Procedure then govern matters including:

  • Pleadings
  • Service
  • Discovery
  • Depositions
  • Expert discovery
  • Motions
  • Mediation
  • Trial

Claims Involving Kentucky State Institutions

Kentucky uses a separate system for certain negligence claims against the Commonwealth and state agencies.

Under KRS 49.070, state institutions of higher education under KRS Chapter 164 are state agencies for purposes of the Board of Claims statutes.

That is potentially important when care involved the University of Kentucky.

The Board of Claims has primary and exclusive jurisdiction over certain negligence claims involving:

  • The Commonwealth
  • State agencies
  • Officers
  • Agents
  • Employees acting within the scope of state employment

That does not mean every claim involving UK HealthCare automatically belongs before the Board.

Provider status, employment, contractor relationships, scope of employment, and the specific claim must be investigated.

Step 3: Determine the Filing Deadline Immediately

Birth injury cases should undergo a deadline analysis near the beginning of the investigation rather than shortly before filing.

Kentucky’s General Private Medical Malpractice Deadline

Under the current version of KRS 413.140, effective July 15, 2026, covered negligence and malpractice actions against physicians, surgeons, dentists, and hospitals generally must be commenced within one year after the cause of action accrues.

For the medical-malpractice actions covered by subsection (1)(e), the statute states that the cause of action is deemed to accrue when the injury is:

  • First discovered, or
  • In the exercise of reasonable care should have been discovered

The statute also contains a five-year outside provision measured from the alleged negligent act or omission.

Deadline analysis can become complicated when an injury is not immediately understood.

For example, a child may initially have:

  • Abnormal muscle tone
  • Developmental delay
  • Seizures
  • An early hand preference

and only later receive a diagnosis connecting those findings to a perinatal brain injury.

The actual dates and facts matter.

Does Kentucky Toll a Child’s Birth Injury Claim?

KRS 413.170 can materially affect certain claims belonging to a child.

It provides that when the person entitled to bring an action identified within KRS 413.090 through 413.160 was an infant—meaning a minor—when the cause of action accrued, the limitations period can be affected by that disability.

But families should not reduce the law to:

“Every birth injury claim stays open until the child becomes an adult.”

That statement is too broad.

Different rules can apply to:

  • A parent’s independent claim
  • Wrongful death
  • Estate claims
  • State institutions
  • State employees
  • Other governmental claims
  • Other statutory causes of action

The claimant and defendant must be analyzed separately.

Board of Claims Deadlines Are Different

KRS 49.120 contains a different limitations system for claims before the Kentucky Board of Claims.

It generally requires claims to be filed within one year after accrual.

For medical-malpractice claims, it contains:

  • A discovery rule
  • A three-year outside limitation

Most importantly for birth injury cases, KRS 49.120 provides that if the claimant is an infant or under another legal disability, a:

  • Guardian
  • Next friend
  • Committee
  • Other qualified representative

must bring the claim within the Board’s normal statutory period.

The statute expressly says this rule applies notwithstanding KRS 413.170.

That means families should never assume ordinary minority tolling protects a possible state-agency claim.

Board of Claims Damage Limits

Board of Claims cases also differ on damages.

Under KRS 49.040:

  • A single claim generally cannot exceed $250,000, exclusive of interest and costs.
  • When one negligent act results in multiple claims, the total award generally cannot exceed $400,000.
  • No individual claimant may receive more than $250,000 under that provision.

Those statutory Board limits should not simply be imported into an ordinary private-sector medical malpractice case.

Determining which legal system applies is therefore critical.

Step 4: Determine Whether Wrongful-Death Rules Apply

If a newborn dies, the legal structure changes.

Under KRS 411.130, a Kentucky wrongful-death action is prosecuted by the deceased person’s personal representative.

The statute also contains rules governing distribution of a recovery.

A wrongful-death claim is not simply the same claim the child would have had if the child survived.

Different issues can include:

  • Appointment of a personal representative
  • Filing deadline
  • Estate procedure
  • Beneficiaries
  • Damages

Parents should therefore not assume infancy tolling applicable to certain claims of a living child governs a wrongful-death claim.

Step 5: Kentucky Does Not Require a Medical Review Panel

Kentucky previously enacted a mandatory Medical Review Panel Act.

Under that law, many medical malpractice claimants would have been required to obtain a panel review before proceeding in court.

That system no longer applies.

In Commonwealth ex rel. Meier v. Claycomb, decided November 15, 2018, the Kentucky Supreme Court held the Medical Review Panel Act unconstitutional because it improperly delayed access to Kentucky’s courts.

There is therefore no current mandatory Kentucky medical review panel requirement.

Does Kentucky Require a New General Pre-Suit Notice?

Not under the medical-malpractice provisions originally proposed in 2026 Senate Bill 195.

The introduced version of SB 195 proposed:

  • Prelitigation notice for medical-malpractice claims
  • A written medical opinion requirement
  • Changes to KRS 411.167
  • Changes to KRS 413.140

Those medical-malpractice provisions were removed in the Senate committee substitute.

The enacted version became law in April 2026 without those proposed malpractice requirements.

That means lawyers should consult the enacted law, not summaries describing SB 195 as originally introduced.

Individual defendants or special statutory claims can still present other procedural requirements.

Step 6: Investigate the Medicine Before Filing

A birth injury lawsuit should generally not begin with:

“The baby was injured, so someone must have been negligent.”

The investigation instead asks whether qualified experts can connect the evidence to:

  1. A standard of care
  2. A breach of that standard
  3. Medical causation
  4. Legally compensable injury

Build the Clinical Timeline

A useful chronology may include:

  • Prenatal risk factors
  • Admission
  • Labor progress
  • Fetal heart rate changes
  • Oxytocin changes
  • Nursing interventions
  • Physician notification
  • Decision for delivery
  • Anesthesia
  • Delivery
  • Resuscitation
  • Cord gases
  • NICU treatment
  • Neurological findings
  • Imaging

A case involving jaundice may instead require a bilirubin-by-bilirubin timeline.

A seizure case may require an EEG timeline.

A forceps or vacuum case may require reconstruction of each traction attempt.

The investigation should fit the medical issue.

Step 7: Obtain Qualified Medical Expert Review

Most birth injury cases require expert testimony.

Depending on the allegations, potential experts can include:

  • Obstetricians
  • Maternal-fetal medicine physicians
  • Labor and delivery nurses
  • Anesthesiologists
  • Neonatologists
  • Pediatric neurologists
  • Pediatric neuroradiologists
  • Pediatric orthopedists
  • Pediatric cardiologists
  • Rehabilitation specialists
  • Life-care planners
  • Economists

One expert does not necessarily address every issue.

For example:

  • An obstetrician may evaluate labor management.
  • A neonatologist may evaluate newborn resuscitation.
  • A neuroradiologist may interpret the brain MRI.
  • A pediatric neurologist may address long-term neurological causation.
  • A life-care planner may evaluate future medical and support needs.

Kentucky’s Current Expert-Testimony Rule: KRE 702

The Kentucky Supreme Court amended KRE 702 effective July 1, 2024.

Under the current rule, the proponent of expert testimony must demonstrate to the court that it is more likely than not that:

  1. The testimony is based on sufficient facts or data.
  2. The testimony is the product of reliable principles and methods.
  3. The expert’s opinion reflects a reliable application of those principles and methods to the facts.

Birth injury litigation can therefore involve significant challenges to expert:

  • Qualifications
  • Methodology
  • Causation analysis
  • Medical literature
  • Application of clinical guidance

Experts should not merely state a conclusion.

Their reasoning needs to be supportable.

Step 8: Satisfy Kentucky’s Certificate-of-Merit Requirement

For many medical-malpractice court actions, KRS 411.167 requires a certificate of merit to be filed with the complaint.

This is different from the former medical review panel system.

What Is a Certificate of Merit?

The ordinary certificate states that:

  • The claimant reviewed the facts.
  • The claimant or counsel consulted with at least one qualified expert.
  • The expert is qualified under Kentucky’s procedural and evidentiary rules.
  • The expert is knowledgeable about the relevant issues.
  • The review and consultation provide a reasonable basis to commence the action.

Only One Certificate Is Required for the Action

KRS 411.167 states that one certificate of merit is required for an action even when multiple defendants are named.

What if the Deadline Is About to Expire?

The statute contains an alternative when a limitations deadline would otherwise bar the claim and the required consultation could not reasonably be completed beforehand.

In that circumstance, the statute permits an affidavit or declaration explaining the situation.

The claimant must then supplement it with a qualifying certificate or other permitted declaration generally within 60 days after service of the complaint, unless the court grants an extension for good cause.

What if Experts Will Not Agree to Consult?

Another statutory alternative applies when the claimant or counsel made at least three separate good-faith attempts with three different experts to obtain a consultation and none agreed, provided none stated that there was no reasonable basis to bring the action.

Are There Cases Where a Certificate Is Not Required?

KRS 411.167 contains an exception where the claimant intends to rely solely on causes of action for which expert testimony is not required.

The statute gives examples including:

  • Res ipsa loquitur
  • Lack of informed consent

The complaint must then be accompanied by the affidavit or declaration specified by the statute.

Birth injury cases ordinarily involve complex expert issues, so this should not be assumed to apply.

What if the Hospital Has Not Produced the Records?

KRS 411.167 contains a particularly important records provision.

If the claimant requested medical-treatment records from the defendants and the records have not been produced, the statute states that the claimant is not required to file the certificate until 90 days after the records have been produced.

For this purpose, the statute expressly says “records” include material such as:

  • Paper records
  • Electronic records
  • Dictations
  • Video recordings
  • Fetal heart monitor strips
  • Imaging studies

Keep proof of every records request.

Importantly, families should not assume this certificate provision automatically extends every statute of limitations.

The limitations deadline and certificate timing should be evaluated together.

Step 9: Decide Whether the Evidence Supports Filing

Not every investigation results in a lawsuit.

Expert review may show:

  • The care was appropriate.
  • An injury was unavoidable.
  • The condition began before medical personnel could reasonably intervene.
  • A delay occurred but did not cause additional injury.
  • Another medical condition better explains the outcome.
  • Evidence is insufficient to prove breach or causation.

Declining a case after investigation is not the same as saying the child’s injury is unimportant.

Medical malpractice litigation requires legally sufficient proof connecting a departure from reasonable care to the harm claimed.

Step 10: File the Complaint and Serve the Defendants

When a private-sector medical-malpractice case is supported by the evidence, the next step is filing a civil complaint in the appropriate Kentucky court.

For a substantial birth injury case, this will ordinarily be Circuit Court, subject to the applicable jurisdiction and venue rules.

The complaint generally identifies:

  • Parties
  • Relevant facts
  • Legal claims
  • Injuries
  • Requested relief

The required certificate of merit or statutory alternative should accompany the filing when KRS 411.167 applies.

The defendants must then be formally served in accordance with Kentucky procedural rules.

Filing a complaint and properly obtaining service are separate procedural steps.

The Board of Claims Uses a Different Filing Process

If the claim belongs before the Kentucky Board of Claims, the claimant does not simply file an ordinary medical-malpractice complaint in Circuit Court.

The Board’s procedure is governed by KRS Chapter 49 and 802 KAR 2:010.

The current regulation allows a negligence claim to be submitted through:

  • The Board’s prescribed claim form, or
  • Its online filing system

The filing identifies:

  • Claimant
  • Amount claimed
  • Facts supporting relief
  • State agency involved
  • Supporting documents where appropriate

The Board process should be analyzed separately from ordinary civil litigation.

Step 11: Defendants Respond and the Court Sets the Case Schedule

After service in an ordinary civil lawsuit, defendants have an opportunity to respond.

Responses can include:

  • Answer
  • Defenses
  • Motions challenging some or all claims
  • Cross-claims or other pleadings where applicable

The court may establish deadlines governing:

  • Written discovery
  • Depositions
  • Expert disclosures
  • Expert depositions
  • Motions
  • Mediation
  • Trial

Birth injury litigation can involve substantial discovery because the medical history may span years and involve multiple institutions.

Step 12: Written Discovery

Under Kentucky’s Rules of Civil Procedure, parties can seek relevant, nonprivileged information through several discovery tools.

Interrogatories

Written questions may address topics such as:

  • Identity of providers
  • Employment relationships
  • Policies
  • Witnesses
  • Defenses
  • Expert opinions

Requests for Production

These may seek material such as:

  • Medical records
  • Fetal heart monitor data
  • Hospital policies
  • Staffing records
  • On-call schedules
  • Oxytocin protocols
  • Audit trails
  • Imaging
  • Electronic data

Requests for Admission

Requests for admission can narrow issues by asking a party to admit or deny specified facts.

Subpoenas

Nonparties may sometimes be required to produce relevant nonprivileged evidence through subpoena procedures.

Not Everything Inside a Hospital Is Discoverable

Discovery has limits.

Kentucky’s KRS 311.377 protects qualifying peer-review and professional-review material in specified circumstances.

Federal law can also protect qualifying patient-safety work product.

That means materials such as certain:

  • Peer-review proceedings
  • Quality-review analyses
  • Root-cause materials
  • Patient-safety work product

may raise privilege issues.

But an underlying record does not necessarily become privileged merely because a quality committee later reviews it.

Potentially independently existing records can include:

  • Medical chart
  • Fetal monitor strip
  • Staffing schedule
  • Original hospital policy
  • Medication record
  • Imaging
  • OR log

Discovery disputes can require court rulings.

Step 13: Depositions

A deposition is sworn testimony taken before trial.

Potential witnesses in a birth injury case can include:

  • Parents
  • Obstetricians
  • Nurses
  • Midwives
  • Residents
  • Anesthesia providers
  • Neonatologists
  • Hospital representatives
  • Experts

Depositions can help determine:

  • Who made particular decisions
  • What information a clinician had
  • What was communicated
  • Whether chart entries accurately reflect events
  • How the hospital system functioned
  • What each expert intends to say at trial

A deposition is testimony under oath.

It is therefore different from an informal interview.

Step 14: Defense Medical Examinations

When a child’s physical or mental condition is placed in controversy, the defense may seek an examination under Kentucky CR 35.01.

It is more accurate to describe this as a court-governed examination than simply saying the defense automatically gets an “independent medical exam.”

Under CR 35.01, the court may order an examination:

  • On motion
  • For good cause
  • With notice
  • When the relevant physical or mental condition is in controversy

The order specifies matters such as:

  • Time
  • Place
  • Manner
  • Conditions
  • Scope
  • Examiner

The procedure can be important in cases involving permanent neurological, orthopedic, or developmental injury.

Step 15: Expert Discovery and KRE 702 Challenges

After expert opinions are disclosed, each side may examine the opposing experts.

Issues can include:

  • Qualifications
  • Literature relied upon
  • Medical assumptions
  • Timing of injury
  • Alternative causation
  • Methodology
  • Future-care projections

Either side may challenge expert testimony under KRE 702.

The court can determine whether an opinion meets Kentucky’s reliability requirements before allowing the jury to hear it.

A birth injury claim can therefore succeed on one medical theory and fail on another depending on the expert proof.

Step 16: Pretrial Motions

Before trial, the parties may file motions addressing issues such as:

  • Whether a claim has sufficient evidence to proceed
  • Whether expert testimony is admissible
  • What evidence the jury may hear
  • Discovery disputes
  • Privilege
  • Other legal questions

A court can sometimes resolve an entire claim—or part of one—without a jury trial if the legal requirements are satisfied.

Other cases proceed through all pretrial motions and remain for trial.

Step 17: Negotiation and Mediation

Settlement discussions can occur at many stages:

  • Before filing
  • After initial discovery
  • After depositions
  • After expert disclosures
  • Shortly before trial

Settlement is not automatic.

Kentucky’s CR 99 Mediation Rules

Kentucky’s Rules of Civil Procedure contain statewide mediation rules in CR 99.

A court may refer an individual case or part of a case to mediation.

Importantly, CR 99.03 states that courts should not use a blanket policy requiring every case or every type of case to mediate.

The decision is case-specific.

Mediation uses a neutral mediator to help the parties explore resolution.

The mediator does not decide who wins.

Settlement authority remains with the parties.

Step 18: Evaluate Damages and Future Needs

A serious birth injury claim can involve damages extending far beyond the original hospitalization.

Potential categories can include:

  • Past medical expenses
  • Future medical care
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Feeding therapy
  • Neurology
  • Orthopedic treatment
  • Assistive communication
  • Mobility equipment
  • Wheelchairs
  • Home modifications
  • Accessible transportation
  • Personal-care assistance
  • Educational support
  • Lost or reduced future earning capacity
  • Other legally compensable harms

Why a Life-Care Plan May Be Used

In cases involving permanent disability, a qualified life-care planner may evaluate anticipated future needs.

That analysis can draw from:

  • Physicians
  • Therapists
  • Existing medical records
  • Equipment needs
  • Future procedures
  • Caregiver needs

An economist may then evaluate the financial impact of projected expenses or diminished earning capacity.

No case value should be estimated responsibly from the diagnosis alone.

Step 19: Special Issues When the Injured Child Is a Minor

Settlement proceeds belonging to a child require special handling.

Kentucky law has more than one possible procedure.

Under KRS 387.278, when:

  • No guardian or conservator has been appointed, and
  • Net settlement proceeds due to the minor are $25,000 or less after specified reductions,

a person with legal custody may use the statute’s special restricted-account or annuity procedure if all statutory requirements are satisfied.

For larger or more complex settlements, issues can include:

  • Guardianship
  • Conservatorship
  • Court approval
  • Restricted accounts
  • Structured settlements
  • Special-needs planning

KRS 387.278 expressly preserves the option of seeking appointment of a guardian, limited guardian, or conservator and requesting District Court oversight.

A serious birth injury settlement should therefore address not only the amount of money but also how the child’s funds will be legally protected and managed.

Step 20: Resolve Valid Liens and Reimbursement Issues

Before final settlement proceeds can be distributed, claims may need to be addressed involving:

  • Medical expenses
  • Health-benefit reimbursement rights
  • Valid liens
  • Other legally enforceable claims against the recovery

The applicable rules depend on the child’s insurance and benefits.

Families should receive an explanation of anticipated deductions before settlement funds are distributed.

Step 21: Trial

If an ordinary court case does not resolve, it may proceed to trial.

Depending on the issues presented, evidence can include:

  • Medical records
  • Fetal heart monitor strips
  • Imaging
  • EEG
  • Photographs
  • Hospital records
  • Provider testimony
  • Parent testimony
  • Expert testimony
  • Future-care evidence

Experts may address:

  • Standard of care
  • Breach
  • Causation
  • Prognosis
  • Future medical needs
  • Economic losses

The finder of fact determines disputed factual questions after hearing the admissible evidence.

Board of Claims Cases Do Not Follow the Same Trial Path

A negligence case properly before the Kentucky Board of Claims proceeds through an administrative process rather than an ordinary civil jury trial.

The Board can:

  • Receive evidence
  • Conduct proceedings through hearing officers
  • Make findings
  • Enter a final disposition

Settlements involving a Board claim are also subject to the procedures of KRS Chapter 49.

Families should therefore avoid assuming that a claim against a state entity will follow the same litigation path as a case against a private hospital.

Step 22: Post-Trial Motions and Appeal

A verdict or administrative decision may not end the case immediately.

Depending on the forum, parties may have rights involving:

  • Post-trial motions
  • Appellate review
  • Challenges to legal rulings
  • Challenges to evidentiary rulings
  • Other preserved appellate issues

Appeal deadlines are separate procedural deadlines and should be handled based on the specific judgment or order involved.

How Long Does a Kentucky Birth Injury Lawsuit Take?

There is no responsible universal timeline.

Factors can include:

  • Number of defendants
  • Amount of medical evidence
  • Child’s developing prognosis
  • Number of experts
  • Discovery disputes
  • Court scheduling
  • KRE 702 challenges
  • Mediation
  • Whether the case proceeds to trial
  • Appeal

A complicated neurological birth injury case may require considerably more investigation and discovery than a simpler claim.

Moving slowly is not always desirable, but neither is filing a complex medical case before the necessary evidence has been evaluated.

Filing deadlines still control.

Evidence Checklist for a Kentucky Birth Injury Investigation

Prenatal

  • Prenatal chart
  • Ultrasounds
  • Maternal-fetal medicine records
  • Fetal testing
  • Relevant laboratory results

Labor

  • Complete electronic fetal monitoring
  • Contraction tracing
  • Nursing notes
  • Obstetric notes
  • Oxytocin records
  • Medication administration
  • Maternal vital signs
  • Cervical examinations

Delivery

  • Cesarean timeline
  • OR records
  • Anesthesia
  • Operative report
  • Forceps/vacuum records
  • Shoulder dystocia documentation

Newborn

  • Apgar scores
  • Cord gases
  • Resuscitation
  • NICU chart
  • Bilirubin
  • Infection workup
  • Blood gases
  • EEG
  • MRI
  • Other imaging

Hospital-System Evidence

When relevant and obtainable:

  • Hospital policies
  • Staffing schedules
  • On-call schedules
  • Pager logs
  • Secure-message logs
  • OR logs
  • EHR audit trails
  • Infusion-pump history
  • Transfer records

Some operational documents may require formal discovery.

Some internal peer-review or patient-safety materials may be privileged.

Follow-Up

  • Pediatric care
  • Neurology
  • Orthopedics
  • Rehabilitation
  • PT
  • OT
  • Speech therapy
  • Early intervention
  • School evaluations
  • IEPs
  • Equipment
  • Surgery
  • Developmental testing

Record-Request Evidence

Keep:

  • Written requests
  • Portal requests
  • Certified-mail receipts
  • Provider responses
  • Dates records were produced
  • Lists of missing material

This documentation can become particularly important when KRS 411.167’s records provision is implicated.

Kentucky Facilities That May Appear in Birth Injury Records

A child may receive care at several different facilities after delivery.

Golisano Children’s at UK — Lexington

The former Kentucky Children’s Hospital is now Golisano Children’s at UK.

UK HealthCare operates a Level IV NICU in Lexington.

Because the University of Kentucky is a state institution, a claim involving UK-affiliated treatment may require careful analysis of Board of Claims jurisdiction and individual provider status.

Norton Children’s Hospital — Louisville

Norton Children’s Hospital operates a Level IV NICU in Louisville and provides advanced pediatric and neonatal care.

Its “Just for Kids” Transport Team provides specialized neonatal and pediatric inter-hospital transport.

A child transferred between hospitals can therefore have important evidence located in:

  • Referring-hospital chart
  • Transport record
  • Receiving-hospital chart

These institutions are identified only as Kentucky medical resources and possible sources of records.

Their inclusion does not suggest negligence by either health system.

Frequently Asked Questions About Kentucky Birth Injury Lawsuits

What is the first step in a Kentucky birth injury case?

Usually the first legal steps are identifying filing deadlines, obtaining complete medical records, reconstructing the timeline, and determining whether qualified experts support further investigation.

Medical treatment for the child remains the first practical priority.

Can I get my child’s medical records?

Kentucky law generally gives a parent or other authorized personal representative access to a minor child’s medical information, subject to applicable exceptions.

KRS 422.317 also provides for a patient’s first requested copy of covered medical records without charge.

Should I request only the hospital chart?

No.

Depending on the case, important evidence can include:

  • Fetal monitor strips
  • Imaging
  • EEG data
  • Pump logs
  • Anesthesia records
  • Transport records
  • Outpatient pediatric records
  • Therapy
  • Follow-up specialists

How long do I have to file a Kentucky birth injury lawsuit?

Current KRS 413.140 generally imposes a one-year limitation on covered private medical-malpractice claims and contains a discovery rule and five-year outside provision.

KRS 413.170 can materially affect certain claims belonging to minors.

State-entity claims can have different rules.

There is no single safe deadline for every birth injury case.

Does infancy tolling protect every child’s claim?

No.

It can significantly affect certain claims belonging to a minor, but different statutes apply to some state-entity claims and different claimants.

What if the hospital is UK HealthCare?

Do not assume an ordinary private-hospital lawsuit automatically applies.

The University of Kentucky is a state institution, and KRS Chapter 49 can give the Board of Claims primary and exclusive jurisdiction over certain negligence claims involving state agencies and employees.

The status of the particular provider or entity must be investigated.

What is the Board of Claims deadline for medical malpractice?

KRS 49.120 generally uses a one-year filing period and a discovery rule for medical malpractice, with a three-year outside provision.

Its rule for claimants under a disability specifically applies notwithstanding ordinary KRS 413.170 tolling.

Is there a damages cap in a Board of Claims case?

Yes.

KRS 49.040 generally limits a single claim or award to $250,000 and total recovery from one negligent act resulting in multiple claims to $400,000, subject to the statute’s terms.

Does Kentucky require a medical review panel?

No.

The Kentucky Supreme Court held the former mandatory Medical Review Panel Act unconstitutional in Meier v. Claycomb.

Did Kentucky create a new malpractice pre-suit notice requirement in 2026?

The introduced version of Senate Bill 195 proposed one, but those medical-malpractice provisions were removed before the bill became law.

The enacted version did not create that proposed general requirement.

What is a certificate of merit?

For many covered medical-malpractice court actions, KRS 411.167 requires an affidavit or declaration supporting a reasonable basis to file the claim after review and consultation with a qualified expert.

Does every defendant need a separate certificate of merit?

No.

KRS 411.167 states that one certificate is required for the action even when multiple defendants are named.

What if the hospital has not given me the records?

KRS 411.167 has a provision delaying the certificate requirement until 90 days after requested treatment records are produced.

That provision should not automatically be treated as an extension of every filing deadline.

Do birth injury lawsuits require expert witnesses?

Usually.

Birth injuries commonly involve specialized issues of obstetrics, neonatology, neurology, radiology, nursing, or other medical fields.

What does KRE 702 require?

The current rule requires the proponent to demonstrate that expert testimony is more likely than not based on sufficient facts or data, is the product of reliable principles and methods, and reliably applies those principles and methods to the case.

What happens during discovery?

The parties can seek relevant, nonprivileged information using tools such as:

  • Interrogatories
  • Requests for production
  • Depositions
  • Requests for admission
  • Subpoenas
  • Expert discovery

Can the defense make my child undergo another medical examination?

Potentially.

CR 35.01 permits the court to order an examination when the child’s physical or mental condition is in controversy, but it requires a motion, good cause, notice, and an order specifying the examination’s conditions and scope.

Is mediation mandatory in every Kentucky medical-malpractice case?

No statewide rule makes mediation automatically mandatory in every medical-malpractice case.

Under CR 99, a court may refer an individual case to mediation, but the statewide rule specifically rejects blanket policies automatically referring every case or every type of case.

Will the case settle?

Possibly.

Some birth injury cases resolve through negotiation or mediation.

Others do not.

The decision depends on the evidence, disputed liability, causation, damages, and the parties’ assessment of trial risk.

Does a child’s settlement always need court approval?

Kentucky has different procedures depending on the circumstances.

KRS 387.278 provides a special procedure for certain settlements where net proceeds due to a minor are $25,000 or less and no guardian or conservator has been appointed.

Larger or complex settlements may involve guardianship, conservatorship, court oversight, structured arrangements, or other planning.

Will the case go to trial?

Not necessarily.

A case can end through:

  • Dismissal
  • Court ruling
  • Negotiated settlement
  • Mediation
  • Trial

No result should be promised before the evidence is developed.

How Morrin Law Office Evaluates and Pursues a Kentucky Birth Injury Case

A careful birth injury investigation can involve:

  1. Identifying every potential filing deadline.
  2. Determining whether defendants are private or state-affiliated.
  3. Obtaining complete medical records.
  4. Preserving fetal monitor strips, imaging, EEG, and other electronic evidence.
  5. Building a detailed medical timeline.
  6. Identifying the injury and potential causes.
  7. Consulting appropriate medical experts.
  8. Evaluating non-negligent alternative explanations.
  9. Determining whether evidence supports standard of care, breach, and causation.
  10. Preparing the certificate of merit when required.
  11. Filing in the correct court or administrative forum.
  12. Conducting written discovery.
  13. Taking provider, witness, and expert depositions.
  14. Addressing KRE 702 and other pretrial motions.
  15. Developing evidence of future medical and functional needs.
  16. Evaluating settlement and mediation when appropriate.
  17. Protecting a child’s settlement proceeds under applicable law.
  18. Preparing for trial or a Board of Claims hearing when necessary.
  19. Evaluating appellate issues after a final decision where appropriate.

Some investigations reveal strong evidence supporting a medical-malpractice claim.

Others show that an injury occurred despite appropriate medical care or cannot be connected to a preventable act with the level of medical proof Kentucky law requires.

The purpose of the process is to determine what the evidence actually supports.

Talk With Morrin Law Office About the Kentucky Birth Injury Lawsuit Process

If your child suffered a serious birth injury and you have questions about records, filing deadlines, medical experts, the certificate-of-merit requirement, or what happens during a Kentucky malpractice case, Morrin Law Office can review the available information and explain potential next steps.

Morrin Law Office
214 W. Main St.
Richmond, KY 40475
Phone: 859-358-0300

Sources

Disclaimer

This page provides general public information about Kentucky birth injury litigation, medical-malpractice procedure, records, expert testimony, statutes of limitation, the Board of Claims, and settlement. It is not legal advice or medical advice.

Filing requirements and deadlines depend on the particular claimant, defendant, legal forum, dates, and facts. Claims involving state institutions can follow materially different rules from claims against private providers, and the treatment of a child’s settlement proceeds can also vary.

Laws, procedural rules, and court interpretations change. Families with questions about potential claims or deadlines should consider obtaining individualized Kentucky legal advice promptly.

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