Kansas City birth injury lawyer

Compassionate Legal Services for You and Your Child

At Dempsey Kingsland Osteen, our Kansas City birth injury attorneys understand that families experience pain and grief when a baby has been injured during birth.

In addition to their anguish, families with an infant suffering from a birth injury do not know what the future holds. Will the baby recover? If not, how severely disabled will he or she be?

Will the baby grow up to be an adult still requiring care because of the birth injury? How will you afford the special education services the child will require?

Our experience as medical malpractice lawyers has shown that families who can obtain compensation for their injured child have been able to alleviate this fear and anxiety.

With compensation, they are in a much better position, emotionally and financially, to provide the expensive care, education, and resources the child may need for the remainder of his or her life.

💡 Key Takeaways
 
  • Not every birth injury is malpractice—but many are preventable. A Kansas City birth injury attorney looks for avoidable delays, missed warning signs, and delivery errors that caused harm.
  • Early records matter. Fetal monitoring strips, labor and delivery notes, Apgar scores, cord blood gas results, NICU records, imaging, and pediatric follow-ups often hold the most important answers.
  • Birth injury cases are evidence-driven. The core question is whether the care team failed to act as a reasonably careful team would have—and whether that failure caused injury.
  • Compensation is tied to lifetime impact. Many claims focus on future medical care, therapy, assistive devices, home modifications, and the long-term effects on the child and family.
  • Time limits can be strict. Speaking with a birth injury attorney in Kansas City early can help protect evidence and your ability to pursue justice.

Your baby should have entered the world safely—but now you’re left with fear, confusion, and heartbreak. You deserve answers. You deserve justice. Contact us today to speak with someone who truly cares. contact us

Types of Birth Injuries

Difficulties during pregnancy, labor, and delivery can cause a wide range of problems for a newborn baby.

Common types of birth injuries include:

The most serious birth injuries are those that cause damage to the infant’s brain. Injuries to the brain can result in seizures, intellectual disabilities, or loss of bodily functions. Such damage can result in the need for lifetime care.

See what our clients have to say about our services:

Causes of Birth Injuries

Birth injuries can result from so-called “normal” birth events. The umbilical cord may be wrapped around the baby’s neck, or the baby's position may be breeched. It’s also possible that labor is so prolonged that oxygen to the baby is interrupted.

While such events may be “natural,” the medical response to these occurrences can mean the difference between a healthy baby and a baby with a birth injury, with some of these injuries resulting in life-long disabilities.

Our lawyers have handled a wide range of birth injuries, including those caused by:

  • Delay in performing a C-section
  • Untreated uterine rupture
  • Improper use of forceps
  • Failure to monitor the baby's heart rate in utero
  • Improper administration of maternal pain medication
  • Failure to address meconium staining
  • Incorrect estimation of baby’s size
  • Improper use of medical devices, such as IVs, oxygen monitors, and heart monitors
  • Failure to identify lack of oxygen to the brain

How Long After a Birth Injury Can You Sue?

In Missouri, the statute of limitations for birth injuries is well beyond two years.

Legal Options For Birth Injury Victims 

Experiencing a birth injury is devastating, and understanding your legal options in Kansas City, MO, can help you seek justice and secure compensation for your child’s future.

At Dempsey Kingsland & Osteen, we are here to guide you through this challenging time with compassion and clarity.

If you are wondering “how do you prove a birth injury” or "how to secure a birth injury settlement you deserve", contact a Kansas City birth injury lawyer on our team today.

You may be overwhelmed and scared for your child’s future. You don't have to go through this alone. Reach out to us by filling out our form and we'll be in touch.

 

Medical Malpractice Claims

In Missouri, you can file a medical malpractice claim if you believe a healthcare provider’s negligence caused your child’s birth injury. This claim seeks to prove that the provider failed to meet the standard of care expected, resulting in harm.

At DKO, our team conducts thorough investigations, gathering evidence, medical records, and expert testimonies to build a strong case for you.

Types of Claims in Missouri

In addition to medical malpractice, several other types of claims can be brought forward in Missouri for birth injury cases. Contact a birth injury lawyer in Kansas City to discuss which of the following claims may apply.

  • Negligence. This involves proving that the healthcare provider failed to provide the standard care expected, leading to injury. Examples include failure to monitor fetal distress, improper use of delivery instruments, and delayed C-sections.
  • Wrongful Death. In tragic cases where a birth injury results in the death of the newborn, parents can file a wrongful death claim. This seeks compensation for the loss of life, covering emotional distress, medical expenses, and funeral costs.
  • Breach of warranty. In some cases, if a medical product or device used during childbirth is defective and causes injury, a breach of warranty claim can be filed against the manufacturer. 

A Kansas City birth injury lawyer can help you determine the type of claim and damages available to you.

Watching your child struggle with a preventable birth injury is heartbreaking. You deserve answers and a path forward. Reach out to us today—we’re ready to stand by your side. contact us

Why Choose Dempsey Kingsland & Osteen To Handle Your Birth Injury Case 

When it comes to securing justice for your family, Dempsey Kingsland & Osteen is Kansas City’s top choice for birth injury cases.

With over 20 years of successful litigation experience, we handle high-stakes cases with unmatched dedication and thoroughness.

Proven Success and Unmatched Skill

Our firm is well-known for taking on and winning complex birth injury cases. Insurance companies recognize our thorough investigations and often prefer to settle rather than face us in court.

With full-time doctor and nurse experts on staff, we ensure every detail of your case is meticulously examined.

Client-First Approach

At Dempsey Kingsland & Osteen, we prioritize you. We are approachable professionals who see you as more than just a case number. 

Our team approach means you benefit from the collective strength of our entire firm, dedicated to achieving the best outcome for your case.

Premier Legal Team

Dempsey Kingsland & Osteen stands out as a law firm and as a community committed to justice for our clients. Our culture is built on compassion, professionalism, and an unwavering commitment to excellence. 

Comprehensive and Compassionate Care

Choosing Dempsey Kingsland & Osteen means selecting the best birth injury lawyer team that supports you every step of the way.

We understand the emotional and financial toll a birth injury can take, and we are here to provide the legal help you need to secure your family’s future.

Trust Dempsey Kingsland & Osteen to handle your birth injury case with the care, skill, and determination you deserve. Contact us today to learn how we can help you achieve justice and peace of mind.

 

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FAQ: Birth Injury Attorney in Kansas City

1. How long do I have to file a birth injury claim?

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In Missouri, many medical malpractice claims generally must be filed within two years of the date of injury. However, birth injury cases can involve additional timing considerations when the injured person is a minor, and certain exceptions may apply depending on the facts. Because deadlines can be complicated and missing one can end a case, it’s best to speak with a Kansas City birth injury attorney as early as possible.

2. How do I prove a birth injury lawsuit?

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A birth injury lawsuit typically requires showing that the medical team failed to provide reasonable care and that this failure caused your child’s injury. Proof often focuses on what was documented during pregnancy, labor, delivery, and newborn care—then comparing those decisions and response times to what a reasonably careful team would have done in the same situation.

3. What evidence do I need to prove a birth injury?

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Evidence commonly includes prenatal records, labor and delivery notes, fetal monitoring strips, operative reports (if a C-section occurred), Apgar scores, NICU records, imaging, and pediatric follow-up documentation. Expert medical review is usually important in birth injury cases. Photos, witness statements, and a detailed timeline of symptoms and appointments can also help show how and when the injury became apparent.

4. How do I get a birth injury settlement?

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Settlements are typically reached through negotiation after the case is investigated and supported with records and expert opinions. Your attorney presents evidence of preventable mistakes and the financial and personal impact of the injury. If the other side does not offer a fair settlement, your legal team can continue building the case and prepare to present it in court.

5. How much is the average birth injury settlement?

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There is no single “average” that fits every family. Birth injury settlements vary widely based on injury severity, required therapies and medical care, long-term disability, and lifetime support needs. Some cases resolve for hundreds of thousands of dollars, while catastrophic injury cases can reach much higher amounts. A Kansas City birth injury attorney can provide a more meaningful estimate after reviewing records and understanding projected care costs.

6. How can a birth injury lawyer in Kansas City help?

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A Kansas City birth injury lawyer helps by gathering medical records, building a clear timeline, working with qualified medical experts, and presenting the strongest possible case for causation and damages. Dempsey, Kingsland & Osteen can also handle communication with insurers and defense counsel, negotiate for a fair settlement, and pursue trial when necessary to seek justice and maximum compensation.

7. What are common types of birth injuries?

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Birth injuries can include brain injury related to oxygen deprivation, brachial plexus injuries affecting the shoulder/arm, skull fractures, broken bones, facial nerve injury, and other trauma. Some injuries are apparent immediately, while others are diagnosed later through developmental delays or neurological symptoms.

8. What are common red flags that a birth injury may have been preventable?

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Red flags can include prolonged labor with worsening fetal heart monitoring patterns, delays in responding to fetal distress, delayed C-section when it was medically needed, difficult delivery with excessive traction, low Apgar scores, NICU admission, seizures, or significant complications immediately after birth. A record review is the best way to determine whether the injury was avoidable.

9. Can a birth injury be diagnosed months or years later?

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Yes. Some children are diagnosed later as developmental milestones are missed or neurological symptoms become clearer. Families may notice muscle tone issues, feeding difficulties, mobility challenges, or cognitive and developmental delays. A later diagnosis does not automatically prevent legal action, but timing can be critical—so it’s wise to speak with a birth injury attorney promptly once concerns arise.

10. What should I do now if I suspect my baby’s birth injury was caused by negligence?

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Focus on medical care first and follow through with recommended evaluations and therapies. Keep discharge paperwork and records you already have, and write down a timeline of pregnancy, delivery, and early symptoms. A Kansas City birth injury attorney can obtain complete records, arrange expert review, and explain legal options for pursuing justice and compensation.
100% Free Consultation

 

Connect with a Skilled Birth Injury Lawyer in Kansas City for a 100% Free Consultation

If your baby suffered an injury during birth, contact an experienced and sympathetic birth injury lawyer as soon as possible.

Our birth injury lawyers in Kansas City have helped many families obtain the compensation they need to move forward. We obtain financial settlements and verdicts that put families in a much better position to care for a child injured during birth.

Contact Dempsey Kingsland Osteen at (816)421-6868 to schedule your free consultation with a Kansas City birth injury attorney near you. contact us

Where to find our Kansas City office

Local Birth Injury Resources in Kansas City

If your child was injured during pregnancy, labor, or delivery in the Kansas City area, the resources below can help you take the next steps: obtaining the medical records that hold the answers, connecting your child with early therapy and developmental support, reporting a provider or hospital, and finding support for your family. These local and state resources can help in the aftermath, but they are not a substitute for legal guidance. Speaking with a Kansas City birth injury lawyer at Dempsey, Kingsland & Osteen as early as possible helps protect the records and evidence your child’s case depends on. Call (816) 421-6868 for a free consultation.

Kansas City Hospitals with Maternity & Newborn Care

These are the region’s primary hospitals for labor and delivery, high-risk pregnancies, and newborn intensive care, and the facilities where many birth injuries occur or are first treated.

  • Saint Luke’s Hospital of Kansas City – 4401 Wornall Rd, Kansas City, MO 64111. High-risk maternity care with a Level IIIb NICU and a Level I trauma center. Visit Website
  • Children’s Mercy Kansas City – 2401 Gillham Rd, Kansas City, MO 64108. The region’s pediatric hospital, with neonatal intensive care and specialty care for infants with brain injuries, seizures, and cerebral palsy. Call (816) 234-3455. Visit Website
  • University Health Truman Medical Center – 2301 Holmes St, Kansas City, MO 64108. Academic medical center offering maternity and newborn care in the UMKC Health Sciences District. Call (816) 404-1000. Visit Website

Requesting Medical Records (Mother & Baby)

A birth injury case is built on the records. Request the mother’s prenatal, labor, and delivery records and the infant’s newborn and NICU records, including fetal monitoring strips, Apgar scores, cord blood gas results, imaging, and pediatric follow-ups. Under HIPAA, you have the right to these records. Contact each hospital’s Health Information Management (HIM) department in writing and keep a copy of every request.

  • Children’s Mercy – Health Information Management – 2401 Gillham Rd, Kansas City, MO 64108. For your child’s newborn, NICU, and follow-up records. Call (816) 234-3455. Visit Website
  • Saint Luke’s Health System – Medical Records – For prenatal, labor, and delivery records from any Saint Luke’s facility. Visit Website

Early Intervention & Developmental Support

Children with birth injuries often benefit from therapy started as early as possible. These Missouri programs help families access developmental services, many at no or low cost.

  • Missouri First Steps – Missouri’s early intervention system for children from birth to age three with developmental delays or diagnosed conditions. Provides physical, occupational, and speech therapy, usually in the child’s home. Call 1-866-583-2392 to find your local office. Visit Website
  • Ability KC – Kansas City’s longtime comprehensive pediatric outpatient rehabilitation provider, serving children with cerebral palsy, brain injury, and other congenital and acquired conditions from birth through young adulthood. Visit Website

Report a Doctor, Nurse, or Hospital

Complaints about a provider or hospital go to Missouri’s licensing and regulatory agencies. A complaint can lead to discipline, but it is disciplinary only. It does not award your family compensation and does not extend your deadline to file a claim. Talk to a lawyer before filing so it doesn’t affect your case.

  • Missouri Board of Registration for the Healing Arts – 3605 Missouri Blvd, PO Box 4, Jefferson City, MO 65102. Investigates complaints against physicians. Call (573) 751-0290. File a Complaint
  • Missouri DHSS – Bureau of Hospital Standards – Investigates complaints about hospital care as an institution. Call the complaint hotline at 1-800-392-0210 or email hospitalcomplaints@health.mo.gov. Visit Website

Birth Certificates & Vital Records

Families pursuing a claim will need the child’s birth certificate. In the tragic event of a stillbirth or infant loss that leads to a wrongful death claim, a fetal death or death certificate may also be required.

  • Missouri Bureau of Vital Records (DHSS) – 930 Wildwood Dr, Jefferson City, MO 65109. Issues certified birth and death certificates statewide. Certified copies are also available locally, often same-day, through Jackson County Public Health. Visit Website

Grief & Emotional Support

The uncertainty of a serious birth injury, or the loss of a baby, takes a heavy emotional toll. These Kansas City resources offer support for parents, children, and families.

  • Kansas City Hospice & Palliative Care – 1500 Meadow Lake Pkwy, Suite 200, Kansas City, MO 64114. Provides grief support for families, including through its Solace House Center for Grief and Healing, which supports families after pregnancy and infant loss. Call (816) 363-2600, or reach Solace House at (913) 341-0318. Visit Website
  • 988 Suicide & Crisis Lifeline – If you or someone you love is in emotional crisis, call or text 988 anytime for free, confidential support.

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