Kansas City Birth Injury Lawyers
Helping Injured Parties get the Financial Support they Need
The birth of a child can no doubt be one of the most joyous occasions for any family. Welcoming a new child into the family is something that many people dream about and are nothing short of thrilled for when the occasion finally arrives. While most deliveries go smoothly for the mother and the child, sometimes a doctor or other caregiver’s negligence can lead to serious complications.
If your child suffered a birth injury, it was likely due to your medical team failing to respond appropriately to a complicated pregnancy. Or, your OB-GYN could be at fault for failing to provide proper prenatal care. We can help you determine what happened and hold the negligent parties accountable.
By filing a claim, you can secure compensation to get your child the care they need—and ensure negligent providers or processes are removed so no other families experience what you are going through.
Do I Have a Birth Injury Case?
A birth injury is different than a birth defect, so it’s important to clarify your child’s diagnosis. Birth defects are caused by genetics or the environment the baby was subjected to in utero and are not affected by the doctor’s performance during pregnancy or labor.
Birth injuries are caused by complications occurring during labor or delivery. Around 5 of every 1,000 children born in the U.S. sustain a birth injury.
Birth injuries can be caused by medical malpractice, physician, nurse, or medical staff negligence, and dangerous medical devices or medications that were administered.
Identifying Cause and Liability in Birth Injury Cases
Complications during labor are the most common catalyst for a birth injury. When the mother has difficulty giving birth, either due to the baby’s size or positioning, a doctor’s actions are vital to protecting both the mother and child. An infant who suffers extended oxygen deprivation during childbirth is likely to sustain lasting brain damage. Care teams must monitor both baby and mother for signs of fetal distress and take prompt action when problems arise.
At the same time, a doctor who chooses to intervene must act with care to avoid injuring the child. Forceps and vacuum extractors pose a risk to the child. Excessive force often causes brachial plexus injury, Erb’s palsy, and other injuries to the neck and shoulder area when the child’s shoulder gets stuck on the mother’s pelvic bones. In worst-case scenarios, these tools can cause traumatic injury to the brain or spinal cord.
Serious complications may not happen very often, but doctors and other members of maternity ward care teams should be prepared to make the right decision under stress. When they don’t, you should talk to a lawyer to learn your legal rights.
Types of Birth Injury Claims We Can Help With
Some birth injuries cause lifelong disability, while others can require treatment up to and including surgery. Along with the added stress of protecting your child’s health comes high medical bills that growing families may struggle to afford. We can help you file a claim for birth injuries including:
- Brachial plexus injury
- Cerebral palsy
- Delayed emergency C-section
- Erb’s palsy
- Hypoxic ischemic encephalopathy
- Shoulder dystocia
- Wrongful death
Start With a Free Case Review
Medical malpractice cases usually involve complex and detailed investigations. In these cases, proving fault can be complicated. Our legal team pores over medical records and evidence, working with medical experts, specialists, and others that can determine the cause, extent, and prognosis of the injury and the type of compensation that may be needed to help your child as they grow.
We can bring in medical experts to testify on how your doctor’s actions fell below the expected standard of care and how a competent actor could have prevented or mitigated the injury.
Our attorneys understand how having a child with a birth injury can take an emotional, physical, and financial toll on you and your family. You have every right to pursue compensation for injuries when your child suffered due to a doctor or other medical professional’s negligence.
At DiPasquale Moore, our award-winning lawyers have helped the wrongfully injured recover nearly $30 million. Ask us today what we can do for you.