Missouri Birth Injury Lawyer
Every parent dreams of having a healthy baby. However, a birth injury caused by medical errors can shatter those dreams, leading to financial and emotional stress. Birth injuries can be a consequence of medical malpractice, and they can result in disability, such as cerebral palsy.
A serious birth injury can occur anytime before, during, or after a child’s birth, affecting the child’s development. Whether caused by a failure to deliver promptly or improper use of vacuum extraction and/or forceps during delivery, we have been advocating for the rights of injured throughout Missouri.
If you believe that a doctor, obstetrician, or nurse has committed medical malpractice which harmed your baby, contact the Injury Lawyer Team for a free initial consultation with an experienced birth injury attorney.
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Contact our Wisconsin birth injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Wisconsin birth injury lawyer remains private through an attorney-client relationship.
Birth Injury Vs. Birth Defect: What’s the Difference?
While the term “birth injury” and “birth defect” is used interchangeably, they have separate meanings. Let’s understand the difference between the two.
Birth defects are structural or functional abnormalities present at birth, often due to genetic or environmental factors. Examples include cleft palate, Down syndrome, and spina bifida.
Birth injuries, however, occur during the delivery process and result in harm to the baby. These injuries can be caused by medical negligence or difficult births. Examples include brachial plexus injury, cerebral palsy, and fractured bones.
In short, a birth defect is an inherent condition, while a birth injury is typically caused by trauma during childbirth. Understanding this difference is critical in deciding whether or not to initiate legal action against medical professionals for negligence.
Missouri Birth Injury Statistics
According to the Birth Injury Justice Center statistics, every hour in the United States, three babies are born with birth injuries, affecting up to 7 out of every 1,000 deliveries.
Unfortunately, birth trauma results in death in around 3 out of every 10,000 live births, often due to birth asphyxia—lack of oxygen.
A study that researched many birth injuries in 2006 discovered nearly 157,700 potentially avoidable injuries to both mothers and newborns.
Cerebral palsy, often related to childbirth harm brain damage, affects between 1.5 to 4 children per 1,000 births, as per the Centers for Disease Control and Prevention (CDC).
Women aged 25 to 34 face the highest risk of birth injuries caused by assistive delivery tools like forceps or vacuum extraction complications.
Infant mortality in Missouri surged by 16% between 2021 and 2022, as reported by the CDC.
Missouri’s infant mortality rate reached 6.8 per 1,000 live births, primarily due to maternal health complications and bacterial sepsis.
What Causes Birth Injuries Among Babies?
Although several reasons give rise to birth injuries, they are often complications during the labor and delivery process. Any medical negligence can lead to your child having cerebral palsy, brain injury, brachial plexus injuries, brain damage, or other developmental issues.
The kinds of birth injury cases our experienced birth injury lawyers handle in Missouri include:
- Not recognizing and addressing signs of inadequate care, like low Apgar scores, can worsen birth complications.
- Using medication or anesthesia incorrectly during labor can harm both mother and baby.
- Ignoring prolonged or difficult labor can increase the risk of infant injuries.
- Premature births require careful handling due to the baby’s vulnerability.
- Mishandling the baby’s size or position during delivery can lead to complications.
- Improper use of delivery instruments, like forceps or vacuum extractors, can cause harm.
- Failing to address oxygen deprivation issues from umbilical cord problems or prolonged labor can have severe consequences.
- Careless cesarean sections can expose both mother and baby to infection or injury.
- Overlooking maternal health issues like diabetes or hypertension can affect the birthing process.
- Not responding promptly to umbilical cord problems can cut off the baby’s oxygen supply.
- Ignoring maternal infections can lead to transmission to the newborn child.
- Mismanagement of induced labor can pose risks to the baby’s health.
Identifying and managing these causes of birth injuries is crucial for healthcare professionals to ensure the well-being of a newborn baby. When they fail, hold them liable in a medical malpractice lawsuit filed with the assistance of a Missouri birth injury attorney.
What Types of Birth Injury Cases We Accept in Missouri
There exist different types of birth injuries, each of which can affect a child’s development or lead to medical complications. When seeking a Missouri birth injury lawyer, it’s vital to understand the most commonly seen birth injuries in Missouri:
- Cerebral Palsy: This condition affects a child’s motor skills and movement, often resulting from brain damage during birth.
- Erb’s Palsy: Nerve damage occurs when a baby’s neck is excessively stretched during delivery, leading to weakness or paralysis in the arm.
- Shoulder Dystocia: This occurs when a baby’s shoulders become lodged in the birth canal, potentially causing nerve injury or oxygen deprivation.
- Intracranial Hemorrhaging: Refers to childbirth harm where blood vessels rupture within the baby’s brain, leading to bleeding inside the skull. This condition can result from trauma during delivery.
- Brachial Plexus Injury: Damage to the network of nerves controlling arm movement, often due to excessive force during delivery.
- Cephalohematoma: This is a birth injury when trauma during delivery and labor process causes bleeding beneath the baby’s scalp.
- Caput Succedaneum: Swelling of the baby’s scalp due to pressure exerted on the baby’s head against the mother’s cervix or pelvic bone during labor.
- Facial Paralysis: When cranial nerve VII, also known as the facial nerve, is affected, it leads to paralysis or weakness of the facial muscles, impacting functions like smiling, eating, and closing the eyes.
- Oxygen Deprivation (Birth Asphyxia): When a baby experiences a lack of oxygen due to prolonged labor, umbilical cord or placental issues, it can cause developmental delays and brain damage.
- Perinatal Asphyxia: This childbirth harm involves deprivation of oxygen to the baby’s brain and body before, during, or immediately after birth, leading to physical impairment.
In addition, there can be spinal cord injuries, nerve damage, and other birth injuries due to negligence by healthcare providers. These injuries can range from minor to life-threatening, often resulting from birth complications or medical malpractice cases during pregnancy or delivery.
How Much Time Do I Have To File a Birth Injury Claim in Missouri?
Missouri Revised Statute § 516.105 governs child suffering claims as medical malpractice lawsuits, imposing a statute of limitations. Generally, plaintiffs must file a birth injury lawsuit within two years of the injury. The statute of repose establishes a final deadline of ten years. This means birth injury victims can file their claim within two years and no later than ten years from the injury’s date.
However, subsection (3) extends this period: if the injured child independently files the lawsuit, they have until their 20th birthday. Thus, Missouri law ensures fair access to justice for those affected by birth injuries. It is best to consult with a skilled Missouri birth injury lawyer and understand legal options for your case.
Who Can Be Held Liable for a Birth Injury in Missouri?
In Missouri, healthcare providers are accountable for birth injuries only if their care during delivery falls below accepted standards. If such negligence leads to your child’s injury, you may pursue a medical malpractice claim. You can sue the following parties liable in a birth injury lawsuit:
- The delivering obstetrician
- Nurses present during delivery or in postpartum care
- Midwives, if the birth occurs outside a hospital
- EMTs and ambulance services who responded to 911 calls during the labor process
- Manufacturers of delivery equipment, if defective
- Hospitals or medical care facilities for negligent conduct or hiring incompetent staff providing care
How to Prove Liability in a Birth Injury Case?
Determining liability is crucial because it determines whether the medical professional is legally responsible for the childbirth harm. Most importantly, it helps you secure compensation for the damages incurred as a result of improper medical care, such as medical expenses, lost income, and pain and suffering.
In a birth injury case, proving liability involves demonstrating that the medical professional owed a duty of care. This duty of care was breached due to medical negligence, resulting in harm to the child or mother. It requires showing a direct link between the breach and the injury, along with quantifiable damages such as medical bills and pain and suffering.
By proving these elements, you can file a successful medical malpractice lawsuit.
How Experienced Birth Injury Lawyers Can Fight for Your Justice
Receive compassionate legal support tailored to child suffering cases. Our birth injury attorneys understand the challenges you face when your child suffers, including financial strain and emotional distress. Let us handle the legal aspects of a birth injury case while you focus on your child’s recovery.
The dedicated legal team at the Injury Lawyer Team can investigate your Missouri birth injury claim thoroughly and build a strong case against perpetrators. A Missouri birth injury lawyer handles all the legal aspects of your claim, including:
- Determining your economic and non-economic losses like medical bills, lost income, and emotional trauma
- Gathering evidence like medical records, injury photos, and testimonies from healthcare experts to prove your case
- Obtaining medical expert testimony
- Submitting a demand letter to the negligent parties and their insurance companies
- Negotiating a fair settlement for the damages you endured
- Advocating for your legal rights at court trials
The personal injury lawyers at our law firm have several years of experience in securing fair compensation for Missouri residents. We are dedicated to fighting for justice and holding medical practitioners accountable who failed in their duty of care.
Schedule a Free Consultation With an Experienced Birth Injury Lawyer
At the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, we have a successful track of representing victims and families throughout Missouri. Our lawyers are experienced in handling various birth injury cases including Erb’s palsy, cerebral palsy, oxygen deprivation, skull fractures, and other cases.
We work on a contingency fee basis. This means our clients only pay if we resolve your personal injury case through a negotiated settlement or jury award.
To set up a free case evaluation with an experienced birth injury lawyer, call us at (888) 424-5757. All shared confidential or sensitive information with your Missouri birth injury lawyer remains private through an attorney-client relationship.