Can You File a Birth Injury Lawsuit for a Broken Bone?

Treatment for broken bones can be lengthy and difficult, especially for newborns. Depending on the location and severity of the injury, your child may need to undergo surgery or need to be in a cast for a long time to treat the broken bone. If your child breaks his or her neck or back, the bones may not heal correctly or completely. As a result, he or she can suffer long-term complications such as paralysis and nerve damage.

If a doctor, nurse, or other medical staff member is responsible for the broken bone, you may hold him or her liable for the losses related to your child’s injury. To successfully prove your child’s right to compensation, you will need to prove four important facts.


The at-fault party owed your child a duty of care at the time of the injury. All healthcare workers have a duty to uphold a certain standard of care for the patients they treat in a professional capacity.


The at-fault party breached his or her duty of care through a negligent act or omission. You will need to prove his or her actions differed from what a similarly trained and reasonably prudent doctor would have done under the same circumstances.


The breach of care directly caused the broken bone. You can use medical records and expert witness testimony to establish the cause and nature of your child’s injury.


Your child and your family sustained damages that you can collect through your lawsuit. These may include past and future medical expenses, lost income you or your partner suffered, physical pain, and emotional trauma.

To learn more about the birth injury litigation process, speak to a Kansas City medical malpractice lawyer as soon as possible. Your attorney can determine whether you have grounds for a case and launch a comprehensive investigation into your child’s injury, gathering the evidence you need to prove the above elements. 

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.