Wichita Birth Injury Lawyer
The birth of a child should be a joyous occasion, not a time of traumatic experience. If your family is facing the devastating impact of a birth injury due to medical negligence, you are not alone.
Our team of dedicated birth injury lawyers in Wichita is ready to fight for the justice and compensation your family deserves. DM Injury Law is here to listen to your story. Contact us for a free consultation. You don’t have to pay unless you win.
Call (316) 888-7500 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Wichita Birth Accident Claim
Choosing the right legal team is a critical first step toward securing your family’s future. Our commitment is to provide professional, high-quality legal representation with the compassion and dedication you deserve.
Here’s what makes DM Injury Law different:
- Strong Track Record: We have recovered millions for victims of injuries, securing compensation for medical bills, lost wages, and the long-term costs of care and treatment.
- Comprehensive Support: Our attorneys and support staff of investigators, case managers, and medical records specialists handle the legal and technical details of your case, so you can focus on your health and recovery.
- Skilled Trial Attorneys: With extensive courtroom experience, we are prepared to take cases to trial. This reputation often pushes hospitals and insurance companies to resolve claims fairly.
- Award-Winning Lawyers: Our lawyers have won several awards and have been recognized by national organizations such as Super Lawyers® and The National Trial Lawyers.
- Contingency-Based Fees: We work on a contingency-fee basis, which means you never pay out of pocket. Our firm only collects a fee if we successfully win compensation for you.
Related Case Results
Our attorneys will always fight for families who have suffered at the hands of medical malpractice. Here is a case that we successfully handled:
- $1,100,000: We secured this result for the wrongful death of a fetus due to medical negligence.
The Insurance Company Offered Me a Settlement. Should I Take it?
Insurance companies are focused on protecting their profits, not on your family’s well-being. Their initial settlement offer will likely be far less than what you are truly owed.
Do not accept any offer without speaking to an experienced Wichita birth injury attorney. Our interest is in securing the maximum compensation you deserve, ensuring your child’s long-term needs are fully covered.
These needs can include medical bills, assistive care and devices, lost wages from a reduced earning capacity, and more. Trust that we’ll take your child’s future into account and seek what your family is owed.
Common Types of Birth Injuries
Medical errors during labor and delivery can lead to a range of devastating and life-altering injuries. Our birth injury law firm in Wichita can help you with the following birth injury claims:
- Cerebral Palsy: This condition is often caused by oxygen deprivation during birth.
- Brachial Plexus Injuries & Erb’s Palsy: These injuries involve nerve damage affecting the arm and shoulder, frequently due to excessive force during delivery.
- Facial Paralysis: This occurs when facial nerves are damaged by pressure during delivery, sometimes as a result of improper use of forceps.
- Spinal Cord Injuries: These can develop from trauma or the incorrect use of delivery instruments.
- Head Trauma: This may include swelling, bumps (cephalohematoma), or skull fractures caused by difficult deliveries or misuse of vacuum extractors.
- Hypoxic-Ischemic Encephalopathy (HIE): This serious condition is the result of brain damage caused by a lack of oxygen and blood flow to the brain.
Why Do Birth Injuries Happen?
Many birth injuries are the result of preventable medical mistakes. Negligence can occur when healthcare providers, such as doctors or nurses, fail to uphold the standard of care. Common causes include:
- Failure to diagnose and treat maternal infections or conditions like preeclampsia.
- Failure to monitor or respond to signs of fetal distress.
- Improper use of delivery tools like forceps or vacuum extractors.
- Delaying or failing to perform a necessary C-section.
- Medication errors during labor.
Call (316) 888-7500 or contact us online today for a free consultation.
Who Can Be Held Liable in a Birth Injury Case?
Depending on the circumstances, one or more parties may be held responsible for the harm your child has suffered. Our dedicated childbirth injury attorney in Wichita can help identify all at-fault parties, which may include:
- Doctors and Obstetricians who fail to properly manage labor and delivery.
- Nurses and Midwives who do not adequately monitor the mother and baby.
- Anesthesiologists who are responsible for errors in administering anesthesia.
- Hospitals and Medical Facilities for issues like inadequate staffing, poor policies, or equipment failure.
- Pharmaceutical Companies, if a harmful medication caused the injury.
- Medical Device Manufacturers, if defective equipment led to harm.
What Compensation Can My Family Seek in a Birth Injury Claim?
A birth injury can result in long-term financial and emotional burdens. Our goal is to secure comprehensive compensation that addresses all of your family’s needs, both now and in the future. We can help you seek recovery for:
- Current and future medical expenses
- Ongoing care, rehabilitation, and therapy
- Special education and assistive devices
- Modifications to your home and vehicle
- Pain and suffering for your child
- Your family’s emotional distress
- Lost earning potential for your child
- Funeral and burial costs (in the case of a wrongful death)
According to KSA 60-19a02, the payout cap for non-economic damages is $350,000.
Kansas Birth Injury Statistics
The health and safety of mothers and infants in Kansas are serious concerns. According to the 2024 March of Dimes Report Card:
- Kansas received a D+ grade for its preterm birth rate, which stands at 10.5%.
- The infant mortality rate is 5.8 deaths per 1,000 live births.
- Disparities persist, with the infant mortality rate for Black babies being twice the state average.
- Leading causes of infant death include birth defects and complications from preterm birth or low birth weight.
Wichita Birth Injury FAQs
How do I know if my child’s condition was caused by a birth injury?
If your child shows signs of developmental delays, difficulty with movement, or other unusual health problems, a birth injury could be the cause. A comprehensive medical evaluation, combined with a legal review from a Wichita birth trauma lawyer, can help determine if medical negligence was a factor.
What is the difference between a birth defect and a birth injury?
Birth defects typically develop due to genetic or environmental factors during pregnancy. In contrast, birth injuries happen during labor and delivery as a result of medical trauma or negligence. Many birth injuries are preventable with proper medical care.
How long do I have to file a birth injury lawsuit in Kansas?
The statute of limitations for filing a claim is complex. In many cases, parents have two years from the date of the injury. However, exceptions can extend this deadline, especially if the injury was not discovered right away.
What if my doctor told me my child’s injury was unavoidable?
It is common for doctors and hospitals to downplay their responsibility to avoid liability. Do not take their word for it. An independent investigation by a qualified legal and medical team can uncover whether the standard of care was met or if negligence contributed to your child’s injury.
Contact Our Skilled Birth Injury Attorneys Today
If you suspect your child suffered a preventable injury during birth, do not wait to seek help. Contact DM Injury Law for a free, no-obligation consultation. Our Wichita birth trauma lawyers are here to listen to your story, answer your questions, and fight for the justice your family deserves.
Call our Wichita office at (316) 888-7500 or fill out the online form for a free consultation.
Call (316) 888-7500 or contact us online today for a free consultation.
Past results obtained on behalf of clients afford no guarantee of future results, and every case is different and must be judged based on its own merits.
