Bringing a child into the world is an exciting experience for mothers, fathers, and the entire family. Sometimes, the positives of the experience can be overshadowed by something difficult yet preventable, like a birth injury. When a doctor, nurse, or another medical professional’s negligence leads to an injury to the mother or baby during the birthing process, it’s called a birth injury.
You shouldn’t be responsible for the costs associated with any temporary or permanent damage that a health care provider caused. Our Kansas City birth injury lawyer is able to give you the legal support you need to hold all potentially negligent parties responsible for the damages they caused so that you can get the justice that you and your family deserve. Contact us for a free consultation to explore your rights to take legal action.
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Missouri Law and Injuries Occurring During Childbirth
Birth injuries are a type of medical malpractice claim. According to Missouri state law, when physicians, nurses, other medical professionals, or hospitals fail to act within their scope of care, and their negligence leads to the injury of their patient, then they can be held liable for their actions or inaction through a medical malpractice claim. Since they are the result of negligence by a medical professional, birth injuries are covered by that law.
Birth Injury Statistics
According to the Missouri Department of Health & Senior Services, in 2022, the infant death rate in Missouri increased by 14%, totaling 6.5 deaths per 1,000 live births. Unfortunately, one contributor to infant death is low birth weight. That year, our set a record of over 9.1% of babies born here having a low birth weight. While these percentages may sound low, given how around 68,954 babies are born in our state each year, that averages out to around 6,300 babies who are born with a low birth weight.
Although a baby with a low birth weight is not in itself a birth injury, it can cause one to occur. When babies have low birth weight, they are often born prematurely, which can also lead to complications during delivery that lead to birth injuries. However, babies of any weight and of any term length can experience birth injuries if the doctor or nurse is negligent during the prenatal period or labor and delivery process.
Common Birth Injuries
When you or your baby have suffered from a birth injury, it’s important to know that you’re not alone. Other women and babies have been injured during the birthing process and subsequently have filed claims against the negligent party. Knowing that others have fought to hold the doctor or other medical professionals responsible for their injuries could help you feel more empowered to do the same.
At Thomas Law Offices, our Kansas City birth injury lawyer is here to support you through this complex process and give you the confidence to hold the negligent party legally responsible for your injuries. Here are some of the more common birth injuries that we see with our clients:
- Brachial plexus injury
- Broken bones
- Cerebral palsy
- Brain injury
- Spine injury
- Erb’s palsy
- Klumpke paralysis
- Nerve damage
- Meconium aspiration
- Preeclampsia
- Epidural
If you don’t see your situation on this list, don’t worry—it’s likely we can still handle your Kansas City birth injury claim. We know that this is a difficult time for you and your family, and our experienced personal injury attorney will give your case the attention and care that it needs. Be sure to contact us to schedule a free case evaluation now.
Holding Liable Parties Accountable for Their Actions
When it comes time to give birth, expectant mothers rely on the hospital staff and other health care providers to provide them with the best care. These individuals have a duty to provide a safe and appropriate standard of care to all their patients.
If their actions before, during, or immediately after the delivery are negligent and result in birth injuries to you or your newborn child, they can be held responsible. However, it is not just individual health care providers who may be negligent. In some cases, the hospital or clinic can also be held legally liable for birth injuries that occur due to staff actions, hiring practices, or other decisions.
Determining liability will depend on where the injuries take place. For example, if a hospital employs a nurse, the administration is responsible for ensuring the nurse’s qualifications and experience. In these cases, if a birth injury occurs due to the nurse’s actions, the hospital can be held responsible.
The most common liable parties in these cases include:
- Obstetricians, pediatricians, or other physicians involved in the delivery
- Labor and delivery nurses who assist during childbirth
- Anesthesiologists who administer sedatives
- Midwives, physician assistants, and nurse practitioners
- Surgical technicians are responsible for operating medical equipment used during childbirth
- Hospital administrators, who may be liable if their staff members did not follow the proper staffing protocols and safety measures.
In most deliveries, there are numerous people involved in the process. While most childbirths do not experience any issues, there are times when the negligent actions of these professionals can lead to serious birth injuries for your child. If you or your newborn have suffered an injury, you can count on the birth injury attorney you meet with to carefully review your case and hold all potentially liable parties accountable for their actions.
Contact Our Kansas City Birth Injury Attorney
When you or your baby suffer from a birth injury, it means things didn’t go as you expected. While you’re coping with the damage done and trying to heal, an experienced Kansas City birth injury lawyer can handle your legal claim against the negligent party responsible for the harm you suffered. Birth injuries have the potential to affect the rest of you or your baby’s life.
Hiring Thomas Law Offices ensures that you get the justice you deserve for your current and future costs, as well as emotional damages like pain and suffering. Reach out to our office today so we can discuss your potential claim and how you should move forward.
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