Birth Injury Attorneys in Kansas City
The Compassionate Legal Service You Need
At Dempsey & Kingsland, P.C., our Kansas City birth injury lawyers 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?
In addition to their anxiety and uncertainty, many parents feel anger at the obstetrician, neonatologist, midwife, nurse practitioner, or hospital because a mistake was made during the birth. Our experience as medical malpractice lawyers has shown that families who can obtain compensation for the damage to their child have been able to move on and put aside their anger. They are then 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.
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:
- Skin irritations
- Temporary paralysis
- Fractured collarbone
- Shoulder dystocia
- Fractured arm
- Cerebral palsy
- Brain damage
- Erb’s palsy
- Brachial plexus palsy
The gravest 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.
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 sideways (breech) or reversed. 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 or birth defect.
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 oxygen levels
- 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, you may file a suit within 2 years of the date of the injury or from the date the injury was discovered. Even those who were victims of a birth injury may also sue on their behalf when they are of legal age. However, they must do so before the age of 20, otherwise they will not be able to receive compensation for the injury.
Contact an Experienced Birth Injury Lawyer in Kansas City
If your baby suffered an injury during birth, contact an experienced and sympathetic birth injury attorney 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 at (816) 484-3776 to schedule your free consultation with a Kansas City birth injury attorney near you.
Q:Is there a difference between a birth defect and a birth injury?
A:A birth injury involves a complication during the baby’s delivery itself. A birth defect is the result of harm to the baby before birth, due to an event that occurred during or before the pregnancy.
Q:Are birth injuries common?
A:In the United States, approximately five babies out of every 1,000 babies born will endure a birth injury.
Q:What sort of circumstances warrant a lawsuit for birth injuries?
A:A birth injury lawsuit may come about when a doctor neglects to effectively assess or respond to conditions and complications of a woman’s pregnancy or delivery. In addition, a lawsuit may be warranted if a woman consumes a prescription drug during pregnancy and the baby is harmed as a result.
Q:Is a successful lawsuit always possible if a baby is harmed during birth?
A:No, certain birth injuries are inevitable. The main factor for a lawsuit is whether the medical providers and/or a pharmaceutical company neglected to provide you or your baby with effective medical care or medication advice during pregnancy and/or delivery.
Q:What are “teratogens”?
A:Teratogens are chemicals or agents that incite birth defects in a baby. There are many drugs on the market that are teratogens, and several were originally designed to aid a woman’s pregnancy. The following are two common teratogen drugs: Delalutin - a drug for pregnant women to prevent miscarriages; Bendectin - a drug administered to pregnant women to combat nausea.
Q:Are birth defects common?
A:Roughly 7% of all babies are born with a birth defect or irregularity.
Q:Who receives the compensation from a successful birth injury lawsuit?
A:If a living child sustains harm as a result of an avoidable birth injury, the damages from a successful lawsuit will usually go to the child, at times in the form of a trust. In certain circumstances, parents may also receive compensation for emotional distress.
Q:How does a jury decide if a doctor’s actions were acceptable with respect to the standards of good medical practice?
A:A jury will examine expert testimonies prepared by other doctors who testify whether they think your doctor’s actions followed standard medical practice or dropped beneath the accepted standard of care. Specialists are held to a higher degree of care than non-specialists.
Q:Do I need to hire an attorney for my birth injury case?
A:You may not be required to hire an attorney for your birth injury case, but doing so will greatly increase your chances of a successful outcome. Dealing with a birth injury is distressing, which can make it challenging to know where to begin. Once you’ve sought the treatment, support, and care you need for your baby, it’s important to understand your legal rights and options. Our team here at Dempsey & Kingsland, P.C. is highly skilled in the area of birth injury medical malpractice law and has helped many other people just like you obtain justice. Let us see if we can help you, too. Don’t delay—reach out to our office with your case right away.