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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.
Birth injury cases are often complex and emotionally challenging. You may need a lawyer in situations such as:
An experienced birth injury lawyer helps you understand your options, gathers medical evidence, negotiates settlements, and represents you in court if necessary.
There are several important aspects of Missouri law related to birth injuries:
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.
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.
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.
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.
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.
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.
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.
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.
Medical records, witness statements, expert evaluations, photographs, and documentation of expenses are all important. A lawyer can help you gather and organize this evidence.
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.
For additional support and information, consider the following resources:
If you believe your child has suffered a birth injury due to medical negligence in Missouri, take these steps:
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.
