Experiencing a birth injury can be a heart-wrenching event for any family. If your child has suffered a birth injury, you may feel overwhelmed and uncertain about the future. The physical, emotional, and financial toll can be immense.
However, you do not have to navigate this challenging time alone. An experienced Independence birth injury lawyer from Dempsey Kingsland & Osteen can help you understand your legal options and fight for the compensation your family deserves.
What Is a Birth Injury?
A birth injury is any harm or damage that occurs to a baby during the birthing process. These injuries can range from mild to severe and may result in long-term or permanent disabilities. Common birth injuries include:
- Cerebral Palsy. A group of disorders affecting movement and muscle tone, often caused by oxygen deprivation during birth. This condition can lead to lifelong physical and cognitive challenges.
- Erb’s Palsy. A condition resulting from nerve damage in the baby’s shoulder, leading to weakness or paralysis in the arm. This injury often requires extensive physical therapy and, in some cases, surgery.
- Hypoxic-Ischemic Encephalopathy (HIE). Brain damage due to a lack of oxygen and blood flow. HIE can result in severe developmental delays and intellectual disabilities.
- Fractures. Broken bones, commonly the clavicle, that occur during difficult deliveries. Though often healable, these injuries can cause significant pain and complications.
- Brachial Plexus Injury. Nerve damage affecting the network of nerves sending signals from the spine to the shoulder, arm, and hand. This can lead to long-term mobility issues and require ongoing treatment.
Understanding the nature of the birth injury and its cause is the first step in seeking justice and compensation. The complexity of these injuries underscores the importance of seeking professional legal assistance.
Causes of Birth Injuries and Potential Liable Parties
Birth injuries can occur for various reasons, often involving medical negligence or malpractice. Identifying who may be liable is crucial in seeking justice and compensation for your child’s injury. If your child’s birth injury resulted from any of the causes listed below, it is essential to seek the expertise of an Independence birth injury lawyer who can help identify the responsible parties and hold them accountable. Establishing the cause of the injury and the negligence involved is critical to building a strong legal case.
Delayed or Incorrect Medical Intervention
Failure to perform a timely C-section, incorrect use of delivery tools like forceps or vacuum extractors, or delayed responses to fetal distress signals are common delayed or incorrect medical interventions.
The primary liable parties in these cases are often obstetricians, delivery room doctors, and attending nurses who did not act promptly or appropriately.
Improper Monitoring
Inadequate monitoring of the baby’s heart rate or oxygen levels during labor and delivery can lead to missed signs of fetal distress and subsequent injury. Medical staff responsible for monitoring the baby’s vital signs, including nurses and obstetricians, may be held accountable for these lapses.
Medication Errors
Incorrect administration of labor-inducing drugs, such as Pitocin, can lead to excessive contractions and fetal distress. Anesthesiologists, pharmacists, and doctors prescribing and administering these medications could be liable for any resulting injuries.
Failure to Diagnose or Treat Infections
Undiagnosed maternal infections that affect the baby during delivery can lead to severe complications. Obstetricians and other healthcare providers responsible for prenatal and delivery care may be liable if they fail to diagnose or properly treat infections.
Process for Pursuing a Birth Injury Lawsuit
When pursuing a birth injury claim, you must consider several legal options and steps. Here is a basic overview of how the process of seeking compensation may occur.
Investigation and Evidence Gathering
A thorough investigation to gather evidence, including medical records, expert testimonies, and eyewitness accounts, is crucial. Your Independence birth injury lawyer will collaborate with medical experts to establish a clear link between the negligence and the injury. This phase is often the most detailed and time-consuming but is essential for building a solid case.
Filing a Lawsuit
Once sufficient evidence is collected, your lawyer will file a lawsuit against the responsible parties, including doctors, nurses, and medical facilities. This formal legal action initiates the process of seeking compensation through the judicial system.
Expert Affidavit Requirement
To reduce the number of frivolous lawsuits in its healthcare system, Missouri law requires that a qualified healthcare provider submit an affidavit within 90 days of filing a medical malpractice lawsuit, certifying that the claim has merit. Without meeting this requirement, the case cannot proceed.
Negotiation and Settlement
After the parties engage in discovery and potentially some motion practice, many birth injury cases settle out of court. Your lawyer will fiercely negotiate with the defendants to reach a fair settlement that covers medical expenses, future care costs, pain and suffering, and other damages. Settlements can provide a quicker resolution and avoid the cost and uncertainty of a trial.
Trial
Your case may go to trial if you cannot reach a settlement with the provider and their insurer. Your birth injury lawyer in Independence will present evidence and advocate for your family’s rights to a judge or jury. Trials can be lengthy, complex, and often expensive, but they may be necessary to achieve justice if the defendants refuse to provide adequate compensation.
Why You Need an Experienced Independence Birth Injury Lawyer
Navigating a birth injury case requires specialized legal knowledge and experience. An experienced birth injury lawyer in Independence provides compassionate support, understanding the emotional toll that a birth injury can take on a family. They offer guidance throughout the legal process, helping families cope with the emotional stress of their situation.
A skilled lawyer will also work diligently to maximize compensation, ensuring you receive full and fair recompense for medical expenses, rehabilitation costs, lost income, and other damages. They understand the full extent of your child’s needs and will fight for adequate compensation to cover both current and future care.
An experienced birth injury attorney is also essential for holding negligent parties accountable. Seeking justice for your child by holding medical professionals responsible for their actions not only provides closure but also helps prevent future negligence.
At Dempsey Kingsland & Osteen, we are dedicated to providing the compassionate and skilled representation you need during this difficult time. We have a proven track record of successfully handling birth injury cases and securing favorable outcomes for our clients.
Contact Dempsey Kingsland & Osteen Today
If your child has suffered a birth injury, it is crucial to act quickly and find the best birth injury lawyer to meet your needs. There are statutes of limitations that apply to birth injury cases, so any delay could jeopardize your ability to seek compensation. Birth injuries can have a profound impact on a family, but you do not have to face this challenge alone.
An experienced birth injury lawyer can help you understand your legal options and fight for the justice and compensation your family deserves.
Contact Dempsey Kingsland & Osteen today to schedule a free consultation. We are here to listen to your story, answer your questions, and guide you through the legal process with compassion and expertise. Trust us to be your advocate during this difficult time. Reach out to us today to take the first step toward securing a better future for your child.
