Bringing a child into the world should be a joyous occasion filled with hope and excitement for the future. However, when a birth injury occurs, this special time can turn into one of fear, uncertainty, and overwhelming stress.
Birth injuries can range from minor to severe, potentially leading to long-term consequences for the child and the family.
If your infant has suffered a birth injury in Liberty, MO, it is crucial to understand your rights and options. A Liberty birth injury lawyer at Dempsey Kingsland & Osteen can provide the guidance and support you need during this challenging time.
Common Causes of Birth Injuries
Birth injuries can result from various factors, including medical negligence. Some common causes include:
- Improper use of forceps or vacuum extractors during delivery,
- Delayed or improper response to fetal distress,
- Failure to perform a timely C-section,
- Medication errors during labor and delivery, and
- Inadequate prenatal care
There are countless other ways birth injuries can occur, and it is important to determine the cause in order to seek legal recovery from the responsible party. Depending on what occurred, the doctor, medical staff, the hospital, a medical equipment manufacturer, or another party may be liable.
Types of Birth Injuries
Birth injuries can manifest in several ways, some of which include:
- Cerebral palsy. A group of disorders affecting movement and muscle tone, often caused by damage to the brain before or during birth.
- Erb’s palsy. A condition resulting from nerve damage in the baby’s shoulder, leading to weakness or paralysis in the arm.
- Hypoxic-ischemic encephalopathy (HIE). Brain damage caused by a lack of oxygen during birth.
- Fractures. Broken bones, often the clavicle, can occur during a difficult delivery.
- Brachial plexus injuries. Damage to the nerves that control the arms and hands, often resulting from shoulder dystocia during delivery.
There are many ways that birth injuries can present themselves, so if your experience does not include one of the conditions above, that does not mean you do not have grounds for a birth injury case.
Why You Need a Liberty Birth Injury Lawyer
Navigating the complexities of a birth injury case can be daunting. The birth injury lawyers at Dempsey Kingsland & Osteen are dedicated to helping families in Liberty, MO, and the surrounding areas, including Independence. We understand the emotional and financial toll that a birth injury can take on your family and are committed to pursuing justice and compensation on your behalf.
Steps to Take If Your Infant Suffers a Birth Injury
If your infant suffers a birth injury, there are several steps you can take to prioritize their health and ensure you have the tools to build a strong case for compensation.
Seek Medical Attention
Ensure your child receives the necessary medical care to address their injury and mitigate further harm. This step is crucial for your child’s immediate health and for documenting the extent and cause of the injury.
Document Everything
Keep detailed records of all medical treatments, diagnoses, and interactions with healthcare providers. This may include maintaining copies of medical records, prescriptions, bills, and any communication with medical staff.
Consult a Birth Injury Lawyer
Reach out to a birth injury lawyer in Independence or Liberty as soon as possible to discuss your case and explore your legal options. Early consultation can be pivotal in preserving evidence and promptly taking all necessary legal steps.
The Role of a Birth Injury Lawyer
A birth injury attorney is crucial in advocating for your family’s rights. At Dempsey Kingsland & Osteen, our experienced attorneys will thoroughly review medical records, consult with medical experts, and gather evidence to build your strong case. This investigation often involves looking into the standard of care provided and identifying deviations that led to the injury.
Our team will handle communications with insurance companies to ensure you receive fair compensation for your child’s injuries. Insurance companies often aim to minimize payouts, and having a skilled lawyer negotiate on your behalf can make a significant difference. If necessary, we will represent you in court to pursue the best possible outcome for your case. Litigation can be complex and intimidating, but our attorneys have the experience to navigate the legal system effectively.
Missouri Statutes Relevant to Birth Injury Cases
In Missouri, medical malpractice claims, including those for birth injuries, are subject to specific statutes that can affect the outcome of your case.
Statute of Limitations
Under Missouri law, the statute of limitations for medical malpractice cases is generally two years from the date of the injury. However, in cases involving minors, the statute of limitations is extended. For birth injuries, you must file a lawsuit by the child’s 20th birthday. It’s crucial to consult with a Liberty birth injury lawyer promptly to ensure your claim is filed within the legal time frame.
Damage Caps
Missouri imposes caps on noneconomic damages in medical malpractice cases. These include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. As of August 2020, the cap is $435,194 for non-catastrophic injuries and $761,558 for catastrophic injuries, including severe birth injuries. These caps are adjusted annually for inflation.
Expert Affidavit Requirement
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. This requirement ensures that only valid claims proceed to court.
Compensation for Birth Injuries
Families affected by birth injuries may be entitled to various types of compensation, including:
- Coverage for past and future medical bills related to the birth injury, including surgeries, therapies, medications, and adaptive equipment;
- Expenses for physical, occupational, and speech therapy necessary for the child’s development and recovery;
- Compensation for parents who may need to take time off work or leave their jobs to care for their injured child;
- Compensation for the emotional and physical pain experienced by the child and the family; and
- In cases of gross negligence or intentional harm, punitive damages to punish the responsible parties and deter similar conduct in the future.
Your Liberty birth injury lawyer can help you determine how much your case is worth and what type of compensation you may be entitled to based on the circumstances of the injury.
Why Choose Dempsey Kingsland & Osteen?
Selecting the best birth injury lawyer is critical to achieving an optimal outcome. At Dempsey Kingsland & Osteen, we pride ourselves on our compassionate and client-focused approach.
We have a proven track record of success in birth injury cases, and our attorneys are dedicated to providing personalized attention to each family we serve. We aim to help you secure the compensation needed for medical expenses, ongoing care, and other related costs, allowing you to focus on your child’s well-being.
If your child has suffered a birth injury, don’t navigate this difficult journey alone. Reach out to a Liberty birth injury lawyer at Dempsey Kingsland & Osteen for a free consultation. Our team is here to provide the support and legal expertise you need to pursue justice and secure your child’s future.
Contact us today to learn how we can help you and your family.