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.
To talk about how Dempsey Kingsland Osteen can help you recover compensation for the injury to your baby, contact us online or call toll free at (816) 484-3776.
contact usTypes 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:
- Temporary paralysis,
- Fractured collarbone,
- Shoulder dystocia,
- Fractured arm,
- Cerebral palsy,
- Brain damage,
- Erb’s palsy, and
- Brachial Plexus Injury.
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.
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.
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.
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.
Birth Injury FAQs
How long do I have to file a birth injury claim?
In Missouri, you generally have two years from the date of the injury to file a birth injury claim. Exceptions for minors may extend this timeframe.
How do I prove a birth injury lawsuit?
You must show that the healthcare provider’s negligence caused your child’s injury by failing to meet the expected standard of care.
What evidence do I need to prove a birth injury?
You need medical records, expert testimonies, and documentation of the injury’s impact. Photographs, witness statements, and detailed timelines are also essential.
How do I get a birth injury settlement?
Our lawyers negotiate with the responsible party’s insurance company using strong evidence and expert opinions. If a fair settlement cannot be reached, we are prepared to take the case to trial to secure the compensation you deserve.
How much is the average birth injury settlement?
Settlements vary based on injury severity and medical costs. They can range from hundreds of thousands to several million dollars. Our experienced lawyers can provide a better estimate based on your specific case.
How can a Kansas City birth injury lawyer help?
A lawyer from Dempsey Kingsland Osteen provides the legal support needed to handle your case. We manage all aspects, from gathering evidence to negotiating settlements or representing you in court, ensuring you receive the compensation you need.
Connect with a Skilled Birth Injury Attorney in Kansas City for Expert Assistance
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.
