Kansas City Birth Injury Attorney
Legal Representation for Birth Injury Claims in Missouri
At Shamberg, Johnson & Bergman, we understand how much a birth injury affects your family. Birth injuries are among the most emotional of all medical malpractice injuries because they harm the most vulnerable victims.
Our Kansas City birth injury lawyers and staff are compassionate about your losses and will be by your side throughout the process. We go beyond the legal issues, as we help you seek the medical, social and financial support services you need.
Our Kansas City birth injury attorneys have long been known in the legal community as among the best trial attorneys in the Midwest. Recognition received includes:
AV rating* under the Martindale-Hubbell peer review rating system
Listed in The Best Lawyers in America Directory for more than 25 years
Top 10 and Top 50 Super Lawyers in Kansas, Missouri, and Kansas City
The Most Devastating Kind of Injury: Birth Injury
Birth injuries can be some of the most devastating and emotionally challenging types of injuries. Mistakes made by doctors, nurses and technicians in the delivery room can result in catastrophic injuries that can last a lifetime for the baby or mother. They affect an entire family.
Here are some reasons why birth injuries are often considered among the most devastating:
Vulnerability of the newborn
Emotional trauma for parents
Impact on family dynamics
Legal and advocacy challenges
Uncertainty about the future
Common Birth Injuries We Handle
We represent families affected by birth injuries to mother and baby, including:
- Hospital errors: Hospital errors refer to mistakes or negligence that occur within a healthcare facility during the labor and delivery process. These errors can include misdiagnoses, medication errors, surgical mistakes, and communication breakdowns among healthcare providers.
- C-Section injuries: A Cesarean section (C-section) is a surgical procedure performed to deliver a baby through an incision in the mother's abdomen and uterus. C-section injuries can result from complications during the surgery, such as infections, surgical site injuries, or errors in anesthesia administration.
- Infections: Infections can occur during pregnancy or childbirth, affecting both the mother and the baby. Common infections include urinary tract infections (UTIs), Group B Streptococcus (GBS) infections, and postpartum infections, which can lead to various complications if not treated promptly.
- Cerebral palsy: Cerebral palsy is a neurological disorder that affects a child's motor skills and muscle control. It can result from brain damage or abnormal brain development during pregnancy, birth, or early childhood. Some cases of cerebral palsy may be linked to birth injuries.
- Erb’s palsy: Erb's palsy is a condition that affects the nerves in a baby's shoulder and arm, often caused by excessive force applied during childbirth. This can lead to weakness or paralysis in the affected arm.
- Forceps injuries: Forceps are surgical instruments sometimes used during childbirth to assist in delivering the baby's head. Improper use of forceps can cause injuries to both the baby and the mother, including bruising, lacerations, and nerve damage.
- Traumatic brain injury to baby: Traumatic brain injury (TBI) in a newborn can result from various factors, such as oxygen deprivation during delivery, head trauma during childbirth, or other complications. TBIs can have long-term consequences for the child's development and well-being.
- Birth trauma: Birth trauma refers to psychological distress or emotional trauma experienced by the mother or baby during childbirth. It can result from complications, unexpected events, or medical interventions that lead to distressing experiences.
- Improper prenatal and postnatal medical negligence: This refers to instances where healthcare providers fail to provide adequate care and monitoring during the prenatal and postnatal periods. Negligence during prenatal care can lead to birth complications, while postnatal negligence can result in inadequate follow-up care for both mother and baby, leading to potential health problems.
Do I Have A Birth Injury Case in Missouri?
To determine if you have a birth injury case in Missouri, you should consult with a qualified Kansas City birth injury attorney who can evaluate the facts and circumstances surrounding the birth and the injury. Generally, you may have a case if you can establish that medical negligence or malpractice occurred during the birth process, leading to the injury.
How to Prove a Kansas City Birth Injury Lawsuit
Proving medical negligence in a birth injury lawsuit in in Missouri typically involves presenting evidence that demonstrates:
- The healthcare provider owed a duty of care to the mother and child.
- The provider breached the standard of care through negligence or malpractice.
- The breach of the standard of care directly caused the birth injury.
- Damages resulted from the birth injury.
Read more about How to Prove Medical Negligence in Birth Injury Cases!
Identifying Cause And Liability In Birth Injury Cases
Identifying the cause and liability in birth injury cases often involves:
- Gathering medical records and evidence to establish what went wrong during childbirth.
- Consulting medical experts who can assess the standard of care and determine if it was breached.
- Determining which healthcare providers or institutions may be held liable for the negligence.
- Establishing a direct link between the medical negligence and the birth injury.
Legal Options for Birth Injury Cases in Missouri
If your child has suffered a birth injury due to the negligence of a medical professional, you have the option to initiate a medical malpractice lawsuit against the responsible healthcare provider (such as nurses, surgeons, obstetricians, and anesthesiologists) or institution.
Through a medical malpractice lawsuit, you have the opportunity to pursue compensation for the damages associated with your child's birth injury to cover economic and non-economic losses, such as:
- Past and future medical expenses
- Loss of potential future earnings
- Costs associated with live-in caregivers
- Expenses for disability accommodations
- Fees for physical therapies and rehabilitation
- Addressing chronic pain management
- Compensation for the loss of quality of life
Statute of Limitations on Missouri Birth Injuries
In Missouri, medical malpractice cases, including birth injury cases, are subject to a statute of limitations. Generally, the statute of limitations for medical malpractice cases is two years from the date of the injury or the date when the injury was discovered (or reasonably should have been discovered).
No Attorney Fees Unless We Help You Recover Money
Our experienced trial attorneys represent clients throughout Missouri, Kansas, and the Midwest. We provide our birth injury case services on a contingency fee basis. That means we will pay the up-front cost of investigating and preparing your case for trial. We only collect attorneys’ fees if and when we win your case.
Winning Birth Injury Negligence Cases
We often receive calls from clients whose doctors made a general mistake by misdiagnosing a condition or prescribing the wrong medication. Medical negligence cases, such as birth injuries, have gotten very difficult to prove and win over the past several years.
If you have a birth injury case in which you can show actual medical and financial damages, we can help you fight to protect your rights. We have the professional and technical resources of independent experts to help us prepare the strongest case possible for a settlement or jury award.
Contact our medical birth injuries lawyers in Kansas City, MO to learn more about our record of success. Our experienced trial attorneys represent clients in cases throughout Missouri, Kansas and the Midwest.