About Birth Injury Law in Missouri, United States
Birth injuries refer to any harm or injury a baby sustains before, during, or shortly after birth. In Missouri, birth injury law falls under the broader area of medical malpractice, holding healthcare professionals and facilities accountable when negligent care leads to injury. Some common birth injuries include cerebral palsy, brachial plexus injuries, oxygen deprivation, fractures, and nerve damage. Missouri law provides a way for families to seek compensation when medical errors or negligent actions result in a child's injury or disability at birth.
Why You May Need a Lawyer
Birth injury cases are often complex and emotionally challenging. You may need a lawyer in situations such as:
- Your child suffers from an unexplained or serious injury after birth.
- You suspect medical mistakes or negligence during prenatal care, labor, or delivery.
- You need help understanding your legal rights regarding medical malpractice claims.
- You want to secure financial compensation for medical bills, ongoing care needs, or other damages caused by a birth injury.
- The hospital or doctor is denying wrongdoing or is pressuring you to accept a settlement.
An experienced birth injury lawyer helps you understand your options, gathers medical evidence, negotiates settlements, and represents you in court if necessary.
Local Laws Overview
There are several important aspects of Missouri law related to birth injuries:
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Statute of Limitations: In Missouri, you generally have two years to file a medical malpractice lawsuit, starting from the date of the injury. However, if the injured party is a minor, the statute of limitations is extended until their 20th birthday.
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Damage Caps: Missouri places limits on how much non-economic damages (such as pain and suffering) can be recovered in medical malpractice cases. The cap is adjusted each year for inflation.
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Expert Affidavit Requirement: To file a medical malpractice claim in Missouri, you must submit an affidavit from a qualified healthcare provider stating that negligence likely occurred.
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Comparative Fault: Missouri follows a pure comparative fault rule, meaning compensation may be reduced in proportion to the plaintiff's own fault, if any.
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Pre-Suit Notice: Missouri does not require you to provide advance notice to a healthcare provider before filing suit, but some attorneys recommend it for settlement purposes.
Frequently Asked Questions
What qualifies as a birth injury in Missouri?
A birth injury is any physical harm that comes to a baby or mother due to medical negligence during pregnancy, labor, delivery, or shortly after birth. This can include head injuries, nerve damage, fractures, or oxygen deprivation.
How do I know if my baby's injury was preventable?
Medical records and expert opinions are essential for determining if an injury was due to negligence or unavoidable complications. An experienced lawyer can help investigate your case and consult medical experts.
How long do I have to file a birth injury lawsuit in Missouri?
Most claims must be filed within two years of the injury. If the injured child is a minor, they may file until their 20th birthday. It is best to consult a lawyer as soon as possible to avoid missing important deadlines.
Who can be held liable for a birth injury?
Doctors, nurses, midwives, hospitals, and other healthcare professionals or entities involved in the birth can potentially be held responsible if their negligence caused the injury.
What compensation can I seek in a birth injury case?
You may seek compensation for medical expenses, future care costs, pain and suffering, lost earning capacity, and sometimes punitive damages if the conduct was especially egregious.
What is the process for filing a birth injury lawsuit?
The process typically involves consulting a lawyer, reviewing medical records, obtaining an expert affidavit, filing a lawsuit, engaging in discovery, negotiating settlements, or proceeding to trial if needed.
Do I need expert witnesses or affidavits?
Yes, Missouri law requires an affidavit from a qualified medical expert stating that negligence likely occurred. Expert testimony is also critical in proving your case in court.
Can a birth injury lawyer help negotiate a settlement?
Absolutely. Lawyers can negotiate with insurance companies and healthcare providers to seek a fair settlement. If a settlement cannot be reached, they can represent you in trial.
What types of evidence are helpful in a birth injury case?
Medical records, witness statements, expert evaluations, photographs, and documentation of expenses are all important. A lawyer can help you gather and organize this evidence.
How much does it cost to hire a birth injury lawyer?
Many birth injury lawyers work on a contingency fee basis, meaning you only pay if you obtain a settlement or verdict. During your initial consultation, ask about fee structure and any potential costs.
Additional Resources
For additional support and information, consider the following resources:
- Missouri Department of Health and Senior Services
- Missouri State Medical Association
- Missouri Bar Association - Lawyer referral services
- Missouri Courts - Judicial information about filing lawsuits
- Missouri Department of Insurance
- United Cerebral Palsy of Missouri
- March of Dimes Missouri Chapter
- Birth Injury Legal Advocacy Groups
Next Steps
If you believe your child has suffered a birth injury due to medical negligence in Missouri, take these steps:
- Collect and organize all medical records and documentation related to the pregnancy, birth, and subsequent care.
- Note down all details, including dates, healthcare providers involved, and the sequence of events.
- Consult with a qualified birth injury lawyer as soon as possible to discuss your case and learn about your legal rights and options.
- Ask questions during your consultation about their experience in birth injury cases, fee arrangements, and what to expect from the process.
- Follow your lawyer’s advice on obtaining any necessary expert opinions and moving forward with your claim.
Prompt action can be crucial in preserving your rights and helping your family secure the financial support needed for your child’s care and future well-being.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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