Blue Springs Birth Injury Lawyer

Medical Malpractice

Top-Rated Birth Injury Lawyer | Blue Springs

When expecting a child, you entrust their care to an obstetrician or midwife for care during pregnancy and safe delivery. Sadly, mistakes and errors happen, but when the negligent actions of a medical provider in charge of your unborn baby’s care cause severe and permanent injury, they should be held accountable.

If you live in or around Blue Springs and your baby suffered a birth injury, contact our birth injury lawyers at Dempsey Kingsland Osteen. We will provide compassionate and personalized attention to your case.

Common Causes of Birth Injuries

Birth injuries can occur for a variety of reasons under many different circumstances. Some may be minor and temporary, while others can be devastating and permanent. Most of them are preventable with adequate prenatal and childbirth care. Common causes of birth injuries include the following:

Obstetrician or midwife negligence. Your obstetrician (OB) or midwife is responsible for prenatal monitoring, care, and the child’s delivery. Failure to adequately monitor during pregnancy, a delayed or misdiagnosis, failure to properly treat a condition (e.g., infection), delaying a necessary C-section, failing to perform a C-section, using excessive force during delivery, and improperly using instruments such as forceps or vacuums during delivery can result in permanent injury. Complications can happen during pregnancy, and often, they can be adequately treated. However, if the doctor fails to diagnose or treat the condition, it can lead to an increased risk of birth injuries or defects. 

Oxygen deprivation. Oxygen deprivation can occur for several reasons, but any lack of oxygen can result in severe and permanent birth injuries. Prolonged labor or nuchal cord can deprive the baby of oxygen, leading to permanent brain injuries, including cerebral palsy. 

Medication errors. Few medications are considered safe during pregnancy. Many can have serious adverse consequences for an unborn child. Even a “safe” medication given in the incorrect dosage can have a negative impact. 

Untreated infections. Physicians are generally not responsible for infections alone. However, if they fail to identify and treat infections promptly, they can lead to birth injuries for the baby.

Uterine rupture. While a uterine rupture almost always poses a significant risk to the mom, it can also lead to injury to the baby.

Whether your child’s birth injury is listed above or if something else entirely happened, you may be entitled to compensation for the injury and harm suffered.

Birth Injury Lawsuit: Proving Your Case

Not all birth injuries are medical malpractice, but if you suspect negligence, you must prove the doctor’s wrongdoing in court. 

As the parent of an injured child, you must prove:

• There is a doctor-patient relationship and the doctor owed a duty of care;
• The doctor breached their duty by deviating from acceptable standards of care;
• The doctor’s breach caused your baby’s birth injury; and
• The injury caused compensable damages. 

The doctor entrusted with your baby’s delivery has a legal duty to perform their job according to the accepted standards of care in the same medical community under similar circumstances. They may be liable for medical malpractice if they deviate from these standards.

Damages Available in a Birth Injury Claim

Facing a birth injury can be overwhelming. Learning of your child’s disability, limitations, and overall future health can be terrifying. If a doctor or other healthcare provider’s negligence caused the injury, you might be entitled to compensatory and punitive damages. 

Compensatory damages include both economic and non-economic damages. 

Economic Damages

Medical expenses. All past, present, and anticipated medical costs related to the birth injury are compensable. They can include doctor visits, medication, surgery, medical equipment, physical and occupational therapies, and more.

Lost earnings. When learning of and dealing with your child’s birth injury, you likely have to take unexpected and unplanned time away from work. Lost wages from time missed at work or reduced work hours to care for your baby can lead to steep financial repercussions.

Home and vehicle modifications. Sometimes, a birth injury can be so severe that it leads to permanent disability and mobility issues. You can recover the cost of necessary home and vehicle modifications.

Noneconomic Damages

You can also seek noneconomic damages for pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, and mental anguish. 

The damages you may be entitled to will depend on several factors, including the severity and permanency of the injury, prognosis, insurance policy limits, and available evidence. 

Under certain circumstances, you may also seek an award for punitive damages. Unlike compensatory damages, punitive damages punish a defendant for particularly negligent or reckless conduct. They are awarded at the discretion of the court on a limited basis. 

Birth injuries can require lifelong medical care and associated expenses. You should not have to bear that financial burden alone. A seasoned Blue Springs birth injury lawyer can fight for the maximum compensation your family deserves. 

Statutes of Limitations for Medical Malpractice in Missouri

Statutes of limitations set time limits for when you can initiate a lawsuit. In Missouri, medical malpractice lawsuits must be filed within two years from the date of injury or within two years of when you reasonably should have discovered the injury. 

While this is the general rule, some exceptions can change that deadline. For instance, a minor typically has up to two years from their 18th birthday to file a medical malpractice lawsuit. Notably, cases must be initiated at most ten years from the date of injury, regardless of other factors. 

As parents of a child who suffered a birth injury, it is essential to ensure you are filing within the applicable deadline. Initiating the suit as soon as possible while party and witness recollection are fresh is also a good idea. 

How a Blue Springs Birth Injury Lawyer Can Help

Birth injury and medical malpractice cases are challenging to navigate on your own. They are highly complex, involve multiple parties, medical terminology, and experts, and can require extensive investigation even to determine the culpable parties. In addition, specific legal requirements and procedures must be followed, including submitting an affidavit of merit by a qualified expert.

Within 90 days of filing the complaint, the plaintiff is required to submit an expert report stating that the defendant deviated from the accepted standard of medical care and, as a result, caused the birth injury. A Blue Springs birth injury attorney can help through this process.

Why DKO is the Best Choice for Your Birth Injury Case 

A birth injury attorney best handles birth injury cases. Hiring an attorney who practices in medical malpractice law and, even more specifically, has handled birth injury cases is essential.

While you may have a local attorney to handle your real estate closings or draft a will, when dealing with a severe birth injury, you need an attorney with that specialized expertise. At DKO, this is what we do. We represent clients in the most severe medical malpractice cases, including devastating birth injuries. We will compassionately yet aggressively advocate for you and your family. 

Birth Injury Lawyer, Blue Springs, MO

Since 1986, we have been helping clients with the most severe medical malpractice claims. We offer free consultations at a time and place convenient to you. Contact us today to schedule a free consultation with our birth injury lawyers.