A birth injury will profoundly impact your child and family. Our Kansas City medical malpractice attorney team specializes in pursuing justice for those affected by birth injuries, whether they be infants or mothers. We believe in holding the medical providers responsible for your child’s birth injuries accountable and securing the necessary compensation to enable your child and family to move forward in your lives.
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Who Is Liable in a Birth Injury Case?
A birth injury may be the result of medical malpractice or professional negligence. Liability for a birth injury can vary depending on the circumstances. The following parties may be held liable for your child’s injuries.
Healthcare Providers
Doctors, nurses, midwives, and other healthcare professionals involved in your child’s delivery may be liable if they failed to provide appropriate prenatal, labor and delivery, or post-natal medical care.
Hospitals or Birthing Centers
Facilities where your child’s birth took place can be responsible if they failed to communicate, maintain a safe environment, properly train staff, or ensure adequate equipment and resources for safe deliveries.
Medical Device Manufacturers
If a device used during labor, delivery, or pregnancy was defective or unreasonably dangerous, and this defect directly caused injury, the medical device manufacturer may be liable.
Pharmaceutical Companies
If a birth injury is caused by a medication used during pregnancy or delivery, the manufacturer of the medication may be liable for your child’s injuries.
Other Third Parties
In some cases, liability may extend to other parties, such as contractors responsible for maintaining equipment used during delivery or third-party vendors providing services to the hospital.
Common Birth Injuries to Babies
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Oxygen Deprivation
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Oxygen DeprivationA lack of oxygen to the baby’s brain during labor and delivery can lead to various complications, including brain damage and cerebral palsy.
Cerebral Palsy
Cerebral palsy encompasses a group of disorders affecting movement and muscle coordination stemming from brain injury.
Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder gets stuck during delivery, causing nerve damage or fractures.
Erb’s Palsy
Erb's palsy is a nerve injury in the shoulder, resulting in weakness or paralysis in the affected arm.
Developmental Delays
Delays in physical or cognitive development can be due to birth trauma or oxygen deprivation.
Fetal Distress
There may be signs of distress during labor or delivery, requiring immediate medical attention to prevent injury.
Common Birth Injuries to Mothers
Postpartum Hemorrhage
Postpartum hemorrhage occurs when the mother bleeds excessively following childbirth. This condition can lead to life-threatening complications.
Perineal Tears
Perineal tears are tears in the tissue between the vagina and anus, often occurring during vaginal delivery.
Uterine Rupture
The uterus can rupture during labor. This poses serious risks to both the mother and the baby.
Epidural-Related Injuries
Some of the complications associated with epidural anesthesia can include nerve damage or infection.
Psychological Trauma
Traumatic birth experiences can cause psychological trauma, such as postpartum depression, PTSD, or other mental health issues.
What Damages Can Be Claimed in a Birth Injury Medical Malpractice Suit?
- Past and Future Medical Expenses: Coverage for medical treatments, surgeries, therapies, and ongoing care for the life of your child.
- Pain and Suffering: Compensation for the physical pain and emotional distress your child has suffered, as well as their diminished quality of life.
- Lost Income: Reimbursement for income lost due to injury-related disabilities or caregiving responsibilities.
- Disability: Funding for accommodations to support individuals with permanent disabilities.
- Emotional Trauma and Distress: Compensation for the psychological and emotional impact of birth injuries on both your child and family.
