A birth injury can have a devastating impact on the entire family. If your child was injured at birth, you need a lawyer who will fight for you.
At Peterson & Associates, P.C., we have the experience and resources to get you the justice you deserve. We’ll work tirelessly to get you the compensation you need to cover medical bills, property damage, and more. Don’t hesitate to contact us today for a free consultation.
What is Considered a Birth Injury?
A birth injury is an injury that occurs to the mother during labor or delivery. Birth injuries can range from minor scrapes and bruises to more severe conditions such as a broken arm or spinal cord injury. In some cases, these injuries can result in long-term disabilities and even wrongful death.
A birth injury is considered an injury that happens during labor or delivery and affects the mother’s or baby’s health. The type of birth injury depends on the circumstances under which it occurs. Birth injuries can be caused by a problem with the baby, the mother, or both. Birth injuries may include:
- Bruises and cuts from the doctor’s instruments
- Burns from heated medical equipment
- Broken bones from labor or delivery procedures
- Cuts due to sharp medical instrument
- Cuts and bruises from vaginal tearing and stretching
- Deformities resulting from tight deliveries with abnormal head positions
- Displaced vertebrae and spinal cord injuries that occur with difficult births
- Fractures of bones in the pelvis (pelvic ring fractures)
- Head injuries resulting from breech births where the baby’s head is engaged too far back in the birth canal (spina bifida)
If your child has suffered a birth injury, you must contact an experienced lawyer immediately. You may be entitled to compensation for your child’s medical bills, therapy costs, and more.
What is a Birth Injury Claim?
A birth injury claim is a legal action taken by the parents of a child who has suffered an injury at birth. There are several reasons why a child might suffer an injury at birth. Some common causes include medical negligence, improper use of forceps or other instruments, and failure to diagnose and treat conditions that could cause problems during labor.
If you believe that your child’s injury resulted from medical negligence, you may be able to file a personal injury claim. Our personal injury attorneys will work with you to build a case and get you the compensation you deserve.
What are the Types of Birth Injury Lawsuits?
There are three main types of birth injury lawsuits:
- Medical Malpractice: Medical malpractice claims focus on medical errors during labor or delivery, such as infections or hemorrhages. Injuries caused by medical errors during birth may not be covered by insurance, so a plaintiff may be able to recover compensation for emotional and physical suffering.
- Product Liability: Product liability claims are filed when a defective product causes injury during pregnancy or delivery.
- Assault/Intentional Harm: Assault/intentional harm claims are filed when someone negligently inflicts physical harm on you during childbirth.
Who Can Make a Birth Injury Claim?
Birth injury claims arise when a baby suffers an injury during or soon after birth. Birth injuries can include broken bones, bleeding, and infection. There are many reasons why a baby could be injured during birth, including malposition, trauma, and medical error.
A birth injury claim may be filed by the baby’s family, the hospital or birthing center, or by a third-party lawsuit such as an individual who was present at the birth. When filing a birth injury claim, it is crucial to document everything that happened at the hospital and in your home leading up to the birth.
To make a claim, it is vital to have legal representation. The lawyers at Peterson & Associates, P.C. have experience with birth injury claims and will work tirelessly to get you the compensation you deserve.
How Long Do You Have to Make a Birth Injury Claim in Missouri?
The statute of limitations for a birth injury claim is five years, even if the child never shows any physical or mental impairment. This means you can file a lawsuit for a birth injury as far back as five years from your child’s birth date. However, there are some exceptions to this rule. If you do not file within this time limit, you will lose your right to sue for damages caused by your injuries.
How Can I Make a Birth Injury Claim in Independence, MO?
A birth injury claim may be filed against a hospital, healthcare provider, and any other person or entity involved in the birth process. If a child is injured during birth, the child’s parents or caretakers may have grounds for a claim. In addition to apparent injuries like broken bones, there can also be complications like fetal distress, infection, and neonatal encephalopathy.
While it is possible to file a traditional personal injury lawsuit against another party, it is more common to file a birth injury claim. These claims typically come under three categories: medical malpractice, defective product liability, and negligence/defective design.
Birth injury claims are complex and can take years to resolve. This is why you should seek legal counsel from an attorney with experience handling birth injury cases.
If you or a loved one has suffered a birth injury in Independence, MO, you may be entitled to compensation. Contact a birth injury lawyer at Peterson & Associates, P.C. for a free consultation. We’ll work to get you the compensation and justice you deserve.
How Much Compensation Can I Receive?
Birth injury lawsuits are likely to offer the plaintiff financial compensation for physical, mental, and emotional damages. While the amount of money you can receive from a birth injury lawsuit depends on several factors, it is often a large sum.
As with any lawsuit, it’s essential to consult with a birth injury lawyer to ensure that you’re pursuing the right course of action. Birth injury lawsuits can be a costly and emotionally draining process. To be successful, you need proof that someone else’s negligent actions caused your injuries. Compensation for birth injuries can include medical bills, lost wages, and disability payments. The amount you receive will depend on factors like how severe your injury was and how long it took to recover.
Don’t hesitate to contact us today for a free consultation. We’ll work with you to get you the compensation you deserve.
What are the Types of Birth Injuries I Can be Compensated For?
Birth injuries can come in all shapes and sizes. Some of the most common ones we see include:
- Cerebral Palsy: This is a disorder that affects movement and muscle tone. It can cause problems with coordination, walking, and talking.
- Brain Damage: This can occur when the baby’s head and brain are squeezed during birth. It can cause a wide range of problems, including learning disabilities, seizures, and cerebral palsy.
- Shoulder Dystocia: A shoulder dystocia is a complication of pregnancy in which the baby’s shoulder first passes through the mother’s pelvis but then gets stuck. This can be caused by various things, including an excessively large baby, an obstructed birth canal, and even a malformed baby’s head. The most common cause of shoulder dystocia is when the baby’s shoulders become stuck while they are still inside the mother’s pelvis. This can happen because the mother must push extremely hard to get the baby out or because her pelvis is too big. The most common form of shoulder dystocia is shoulder dystocia with malpresentation (when the baby’s head doesn’t pass through the pelvis in a way that allows it to come out easily). This can happen when the baby’s head is too big, or his shoulders are too big for his mother’s pelvis. Malpresentation is also more likely if the mother has had an epidural block or other drugs during labor. Another type of shoulder dystocia happens when the mother’s pelvis rotates backward during childbirth. It can also happen if there’s a tight space between her pubic bone and rectum. In some cases, this causes tension in the muscles that help rotate your hips as you push during childbirth.
- Fractured Skull: This can occur if the baby’s head is squeezed or broken during birth. It can cause many problems, such as brain damage, seizures, or hearing loss.
- Spinal Cord Damage: This happens when the baby’s head gets stuck in the birth canal during delivery. It causes paralysis and can be fatal.
- Spinal Cord Injuries: Spinal cord injuries can happen during delivery, during birth, or in the immediate period after birth. They are called cephalopelvic disproportion. It means that the baby’s head is bigger than the rest of its body. The most common cause of this type of injury is a misaligned pelvis during vaginal delivery because it usually involves only one side of the pelvis. This means that the nerve pathways that control movement and feeling will be disconnected from some part of the spinal cord. Sometimes this will cause permanent loss of feeling and use of muscles in an arm or leg. Other times it will lead to partial paralysis, resulting in partial loss of use of both arms or legs.
If you or your child has suffered a birth injury in Independence or anywhere else in Missouri, it’s crucial to seek legal help immediately. Our Peterson & Associates, P.C. team has the experience and resources to get you the justice you deserve.
FAQ about Birth Injury Lawsuits in Missouri
Q: What are the most common birth injuries?
A: The most common birth injuries are typically caused by medical negligence and can include cerebral palsy, Erb’s palsy, brain damage, and more.
Q: What should I do if my child was injured during birth?
A: If your child was injured during birth, it’s essential to contact a skilled birth injury lawyer as soon as possible. They can help you file a claim and get the justice you deserve.
Q: Can I file a birth injury lawsuit if my child wasn’t injured?
A: Even if your child wasn’t injured, you might still be able to file a lawsuit if you believe that your child’s health was put at risk by the medical team.
Q: What types of damages can I recover in a birth injury lawsuit?
A: You may be able to recover medical bills, property damage, pain and suffering, and more. Contact a birth injury lawyer to learn more about your specific case.
What to Expect When You Work With Peterson & Associates, P.C.
When you work with Peterson & Associates, P.C., you can expect us to fight for you. We have handled several personal injury cases and enjoy a proven track record of success. Our attorneys will help you get the compensation you need.
We’ll handle all the paperwork for you and keep you up to date on the progress of your case. You don’t need to worry about a thing. You’ll have an experienced personal injury lawyer working with you every step of the way. We have the knowledge and experience to get you the money you deserve.
Our Independence, MO, personal injury lawyers are well-versed in personal injury law and will fight for you. We understand that this is a difficult time for you and your family, and we’re here to help. Contact our Independence, MO, personal injury law firm today for a free consultation.
Contact a Birth Injury Attorney Now
Birth injuries are a severe matter for anyone involved. They can cause long-term physical and emotional effects and financial hardships for everyone involved. Our Independence personal injury lawyers are here to help you pursue justice for your birth injury claim throughout all stages of the lawsuit – from filing a personal injury lawsuit against a hospital or doctor to negotiating a settlement on your behalf.
At Peterson & Associates, P.C., our Independence, MO, personal injury lawyers have the experience and resources to get you the justice you deserve. We’ll work tirelessly to get you the compensation you need to cover medical bills, property damage, and more. Contact our Independence, MO, personal injury attorneys by calling 816-888-8888 to get started on your case today.