Seeking Justice For Families Affected By Birth Injuries
Welcoming a new life into the world is a joyous occasion, but when complications arise during childbirth, the consequences can be devastating. Families in need of legal guidance and support due to birth injuries can rely on our Kansas City MO birth injury attorney. With a deep understanding of the complexities involved, we can help you navigate these challenging circumstances.
At Ricket Law Firm LLC, we are committed to defending the rights of those affected by birth injuries. Our Missouri medical malpractice lawyers possess in-depth knowledge in investigating and evaluating these claims. Contact us for a free consultation to pursue the justice and compensation your family deserves.
This article will give you an overview about the complexities surrounding birth injuries, shedding light on their causes, types, and the legal landscape families may navigate in pursuit of justice.
- Understanding Birth Injuries: Birth injuries cause physical and neurological harm to newborns or mothers during or after childbirth, with varying severity and lasting consequences for the child.
- Common Causes of Birth Injuries: Negligence in pregnancies, labor, infections, baby malposition, and communication gaps often cause birth injuries.
- Liability for Birth Injuries: Healthcare professionals, including doctors, nurses, anesthesiologists, and healthcare institutions, can be held accountable for birth injuries due to negligence or malpractice.
- Statute of Limitations in Missouri: Families in Kansas City, MO, have two years from the injury date to file a birth injury case, with exceptions for minors and cases with delayed discovery.
- Recoverable Damages: Families in birth injury cases can seek compensation for medical expenses, loss of earnings, pain and suffering, emotional distress, loss of consortium, and wrongful death damages.
Contact Ricket Law Firm LLC for a free consultation. Our Missouri birth injury attorneys are here to guide and advocate for families, ensuring their rights are protected and just compensation pursued.
What is a Birth Injury?
A birth injury is any harm to a newborn or the mother before, during, or after delivery. These injuries can be physical and/or neurological, varying in severity and causing short-term and long-term consequences for the child.
If you believe that your child suffered a birth injury due to medical negligence, you may have legal options. Our Kansas City MO birth injury lawyer can help you understand your rights and options and can represent you in a lawsuit against the healthcare provider responsible for the injury.
What are the Common Causes of Birth Injuries?
When preparing for the arrival of your new baby, you trust medical professionals to provide the necessary care during labor and delivery. However, not all uphold their duty of care to their patients. If a birth injury occurs, it is crucial to determine negligence or malpractice with the assistance of our Kansas City MO birth injury lawyers.
Many acts of negligence that cause birth injuries can occur before, during, and after birth, including the following:
Failure to Diagnose or Treat
Most birth injuries occur during complicated pregnancies or deliveries, such as when the baby is large or in a breech position. A physician’s failure to diagnose maternal conditions like diabetes can worsen the situation.
Difficult or Prolonged Labor
Prolonged or difficult labor increases the risk of birth injuries, potentially requiring interventions like forceps or vacuum extractors that pose risks to the baby. If labor lasts too long, the baby can suffer from oxygen deprivation, leading to brain damage. It can also result in physical injuries like swelling on the baby’s head or blood collection under the scalp.
Infections during pregnancy, like group B streptococcus (GBS), can heighten the risk of birth injuries. They can be transmitted to the baby during delivery and lead to severe complications like meningitis and sepsis.
Malposition of the Baby in the Birth Canal
A non-optimal head-first position during delivery can complicate the process and raise the risk of injury. For instance, a breech presentation can heighten the chances of head trauma and nerve damage.
Maternal Health Conditions
Maternal health conditions like diabetes and hypertension heighten the risk of birth injuries. They impact the placenta and fetal blood supply, potentially causing oxygen deprivation and other complications.
Inadequate oxygen during labor can cause fetal distress, requiring emergency interventions like a cesarean section to prevent birth injuries.
Lack of Communication
Proper communication is vital during a mother’s pregnancy and delivery. Lack of communication in the delivery room can cause harm to both the mother and child. All involved, including the attending physician, nurses, and others, should follow protocols and communicate effectively to address the patient’s needs.
Medical Product Liability
Defective medical products, devices, or medications can harm pregnancies and cause birth injuries. The manufacturer of a defective product may be held liable for birth injuries, regardless of negligence.
Who Can Be Held Liable for a Birth Injury?
Determining liability for a birth injury is a complex legal matter that depends on the specific circumstances. Generally, anyone who contributed to the injury through negligence or malpractice may be held responsible. This includes:
Doctors must provide a duty of care to pregnant women and their babies. If they deviate from this standard and cause a birth injury, they can be held accountable for medical malpractice.
Nurses also have a duty of care, and if their negligence contributes to a birth injury, they may be held liable.
Anesthesiologists must administer anesthesia correctly and monitor patients during childbirth to avoid birth injuries. If they fail to do so, they can be held accountable.
Hospitals are responsible for ensuring proper care, and if their negligence leads to a birth injury, they may be held liable.
Defective medical products can also lead to birth injuries, and pharmaceutical companies can be held liable for product liability in such cases.
How Long Do I Have to File A Birth Injury Case in Missouri?
The statute of limitations for filing a birth injury case in Kansas City, Missouri is two years from the date of the injury. However, there are two exceptions to this rule:
- If the child was under the age of 18 when the injury occurred, the statute of limitations is five years from the date of the injury or until the child reaches the age of 20, whichever is earlier.
- If the injury was discovered more than two years after it occurred, the statute of limitations is two years from the date of discovery.
In Missouri, the discovery rule applies to birth injury cases. The statute of limitations starts when the plaintiff discovers or should have discovered the injury was due to negligence. It can be the date of birth defect diagnosis or later if the injury is not immediately obvious.
What Damages Can I Recover in a Birth Injury Case?
In a birth injury case, the recoverable damages depend on factors such as the extent of injuries, circumstances, and local laws. Birth injuries are highly damaging, and damages are sought to compensate for losses. Consult our birth injury attorney in Kansas City MO to understand your legal rights.
Here are some types of damages that may be recovered in a birth injury case:
- Medical Expenses: This includes the cost of medical treatment, surgeries, rehabilitation, medications, and any other healthcare expenses related to the birth injury.
- Loss of Earnings: If the child’s injuries result in a diminished earning capacity in the future, damages may be awarded to compensate for this loss.
- Pain and Suffering: Damages may be awarded for the physical and emotional pain and suffering endured by the child and the family.
- Emotional Distress: Damages may be awarded for emotional distress suffered by the parents or other family members as a result of the birth injury.
- Loss of Consortium: This refers to the loss of familial relationships and companionship due to the birth injury. It can involve damages for the impact on the parent-child relationship.
- Wrongful Death Damages: In the unfortunate event that a birth injury leads to the death of the child, the family may be entitled to damages for wrongful death, including funeral expenses and the emotional toll on the family.
Why Do I Need a Birth Injury Attorney in Missouri?
Birth injury cases are complex and challenging. In these difficult times, you need the guidance of our Kansas City birth injury attorneys at Ricket Law Firm LLC. Here’s why you should work with a birth injury attorney in Missouri.
- Legal Knowledge: We have an in-depth understanding of Missouri medical malpractice laws, the standards of care in obstetrics, and the ability to navigate the legal complexities of your case.
- Investigation and Evidence Gathering: We have the resources and experience to conduct investigations, consult with medical professionals, and obtain the necessary documents and records to support your case.
- Valuation of Damages: We can help assess the full extent of your damages, including medical expenses, future care costs, pain and suffering, and more.
- Maximizing Compensation: We will work with you to maximize the compensation you receive, including negotiating settlements, presenting a strong case in court if necessary, and advocating for your rights to ensure you receive fair and just compensation.
Dealing with a birth injury is emotionally and physically draining. Work with our Missouri birth injury lawyers to focus on your family and your child’s well-being. Contact us for a free consultation and let us protect your rights and seek justice.
Call Our Kansas City MO Birth Injury Attorney Now!
The process of giving birth is inherently challenging, and many things can go wrong. Sometimes, without the involvement of medical professionals, infants are born with serious disorders that affect their quality of life. But in cases where a doctor, nurse, or other caregiver was to blame for birth damage, parents should speak with a reliable birth injury lawyer to assist them in obtaining compensation for emotional and physical damage.
File a birth injury medical malpractice lawsuit with an experienced birth injury attorney at Ricket Law Firm to recover damages for:
- Injuries to the Infant Child
- Injuries to the Mother
- Emotional Injury to Parents of the Infant
Birth injury cases demand a unique blend of legal knowledge, medical understanding, and compassionate advocacy. Seeking legal advice from our Kansas City MO birth injury attorneys at Ricket Law Firm LLC ensures that your case is diligently investigated, relevant evidence is preserved, and your rights are protected.
From understanding the medical malpractice laws to negotiating with insurance companies, our personal injury law firm is here to stand by your side. Schedule a free consultation with us today and let us help you ensure that your rights are protected and work tirelessly to secure the compensation needed for the care and well-being of your child.