Birth Injury Lawsuit

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

At Brown & Crouppen, we know how to handle birth injury litigation. We advocate tirelessly for the rights of families whose lives have been impacted by medical negligence or malpractice. Whether your child has been diagnosed with cerebral palsy, Erb’s palsy, brain damage, or any other birth-related injury, we are here to fight for justice on your behalf.

With a deep understanding of Missouri’s legal system and extensive experience in complex birth injury cases, our St. Louis and Kansas City birth injury lawyers are prepared to handle your lawsuit with utmost care and diligence. We prioritize open communication, personalized attention, and strategic representation to ensure that you receive the best possible outcome for your family.

Do not wait to take legal action. Contact us today by calling 800-536-4357 or filling out our online contact form

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a legal action brought by a mother or child who has suffered an injury during childbirth. These injuries can occur due to improper prenatal care, errors during labor or delivery, or medical negligence in postnatal care. Birth injuries can range from minor bruises to severe conditions such as cerebral palsy, Erb’s palsy, brain damage, or nerve damage.

In a birth injury lawsuit, the plaintiffs typically allege that the health care provider involved failed to provide the standard of care expected in similar circumstances, resulting in harm to the newborn or mother. These lawsuits seek compensation for medical expenses, future care needs, pain and suffering, and other damages incurred as a result of the birth injury.

Birth injury lawsuits are complex and require thorough investigation, expert testimony, and legal expertise to establish liability and pursue fair compensation for the injured child, mother, and their family. These cases aim to hold health care professionals and institutions accountable for preventable harm during childbirth and to provide financial support for the child’s ongoing medical needs and quality of life.

When Should I File a Birth Injury Lawsuit?

In any personal injury lawsuit, including those involving medical malpractice, it is essential that you comply with strictly enforced filing deadlines. Below are some important deadlines and other considerations to keep in mind in birth injury lawsuits:

  • Statute of Limitations – The Missouri medical malpractice statute of limitations gives two years from the date of the malpractice to file a lawsuit. This may be extended under the so-called “discovery rule” if the malpractice could not reasonably have been known at the time it occurred. 
  • Wrongful Death – If malpractice results in death, plaintiffs have three years from the date of death to file a wrongful death lawsuit. 
  • Statute of Repose – This law sets a once-and-for-all deadline. It provides that “[i]n no event shall any action for damages for malpractice, error, or mistake be commenced after the expiration of ten years” from the date the malpractice occurred. 
  • Minor Plaintiffs – There is an important exception to the general statute of limitations that often applies in birth injury cases. It provides that in cases involving a plaintiff who is “a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action.

Remember, failure to file your birth injury lawsuit before the correct deadline passes will almost certainly result in it being dismissed in court. This will eliminate your right to seek compensation through the court system, as well as your bargaining power in out-of-court settlement negotiations when at-fault parties realize you can no longer sue. Avoid this by consulting our Missouri birth injury lawyers as soon as possible. 

Types of Birth Injury Lawsuits

Delivering a baby is fraught with risk for both the mother and child. Below are some common injuries our birth injury attorneys see in cases involving obstetric malpractice: 

Injuries to Infants

  • Brachial plexus
  • Cerebral palsy
  • Shoulder dystocia
  • Erb’s palsy
  • Cephalohematoma
  • Caput succedaneum
  • Surgical instrument injuries
  • Injuries from prescription drugs

Injuries to Mothers

  • C-section complications
  • Pelvic bone fractures
  • Uterine ruptures
  • Nerve damage
  • Hemorrhaging
  • Infection
  • Perineal tears
  • Episiotomy complications
  • Deep vein thrombosis
  • Anesthesia errors
  • Psychological trauma, such as post-traumatic stress disorder or postpartum depression

Let our award-winning attorneys help you hold at-fault parties responsible for your injuries and losses. No matter the circumstances of your case, we will stand by your side every step of the way. 

Birth Injury Compensation in Missouri

When mothers and babies are injured due to negligence, they deserve justice, accountability, and compensation. In Missouri birth injury cases, you can ask for economic and non-economic damages such as:

  • Medical expenses
  • Rehabilitation costs
  • Lost earnings
  • Pain and suffering
  • Loss of enjoyment of life
  • Future medical care
  • Assistive devices and home modifications
  • Long-term care costs
  • Loss of consortium

A judge may also allow you to pursue punitive damages if you can prove through clear and convincing evidence that your medical provider demonstrated malicious misconduct or intentionally caused harm. 

Who Is Eligible to File a Birth Injury Lawsuit?

Mothers injured due to medical malpractice during labor are eligible to sue on their own behalf. Further, parents are eligible to file birth injury lawsuits in Missouri on behalf of an injured child. If parents choose not to sue, the child can bring suit themselves as long as they do so before their twentieth birthday.

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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Birth Injury Wrongful Death Claims in Missouri

If your child or their mother died during birth, our hearts go out to you and your family. These are among the most tragic cases we handle as personal injury lawyers. Our team is standing by to help you seek accountability and justice through a wrongful death claim if your loss was caused by medical malpractice. 

What If My Baby Died Before Being Born?

Whether parents could recover compensation for the death of an unborn baby long depended on the viability of the child in the womb. As the Missouri Supreme Court explained, “We recognize that the majority of other jurisdictions in America limit recovery to viable unborn children.” Connor v. Monkem Company, Inc., 898 S.W.2d 89 (Mo. 1995). Thankfully, in the same case, the Court chose a different direction for the state of Missouri: “We hold that a wrongful death claim may be stated for a nonviable unborn child.”

How Brown & Crouppen Can Help

Brown & Crouppen is a full-service personal injury law firm. When you choose our legal team to handle your birth injury case, you can count on our dedicated birth attorneys to provide high-quality, comprehensive services. Here’s how our attorneys can assist you:

  • Legal Consultation – We offer free, confidential consultations to discuss the details of your case, answer your questions, and provide personalized legal advice tailored to your situation.
  • Case Evaluation and Investigation – Our birth injury attorneys will conduct a thorough evaluation and investigation into the circumstances surrounding your birth injury case. This includes reviewing medical records, consulting with experts, and gathering evidence to build a strong claim on your behalf.
  • Legal Representation – We will serve as your dedicated advocates throughout the legal process, representing you in negotiations with insurance companies, health care providers, and other parties involved in the case.
  • Filing Lawsuits – If necessary, we will prepare and file a lawsuit on your behalf to initiate legal proceedings and seek compensation for damages resulting from the birth injury.
  • Negotiation and Settlement – Our birth injury lawyers will negotiate aggressively with opposing parties to reach a fair settlement that adequately compensates you and your child for medical expenses, ongoing care, pain and suffering, and other damages.
  • Litigation Support – If a fair settlement cannot be reached, we will provide vigorous representation in court, presenting evidence, expert testimony, and legal arguments to advocate for your rights and secure a favorable outcome at trial.
  • Compassionate Support – Throughout the legal process, our birth injury team will offer compassionate support and guidance to you and your family, ensuring that your concerns are addressed, your voice is heard, and your interests are protected every step of the way.

At Brown & Crouppen, we are committed to providing exceptional legal services with compassion, integrity, and dedication. Let our experienced birth injury attorneys guide you through this challenging time and help you seek the justice and compensation your family deserves. We will handle your case with the utmost care and attention—that is our guarantee. 

Contact Brown & Crouppen for Help With Your Missouri Birth Injury Lawsuit

If you have questions about moving forward with a birth injury lawsuit, reach out to the skilled legal team at Brown & Crouppen. We have recovered over $1 billion in settlements and verdicts for injury victims across the state and country. To better serve our clients, we have multiple offices in Missouri, including in St. Louis and Kansas City

As proud members of a service-oriented profession, we also believe in giving back to the community we serve. In the words of founding partner Andy Crouppen: “We focus not on big cases, not on little cases, but on people because we need to do the best job we can for everyone.” 

If you need help, Brown & Crouppen is here for you. Call (800) 536-4357 or fill out our online contact form to schedule a free consultation.

FREE CASE EVALUATION

Our Results

Awarded to our clients over

$1 MILLION

Boat Mechanic’s family settles
wrongful death suit

$2 MILLION

High school runner struck by utility
truck reaches settlement

$1 MILLION

Postal worker struck by commercial truck
at loading dock settles lawsuit

$1.5 MILLION

TESTIMONIALS

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Have you suffered an injury?

Call Brown & Crouppen at 
(314) 501-9394
for a FREE consultation

SCHEDULE A FREE CONSULTATION

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

Parents of children who have suffered hypoxic ischemic encephalopathy, or HIE, during birth understand how difficult the damage can be for the whole family. However, you may be entitled to compensation if a doctor’s mistakes caused your child’s injuries and suffering. A hypoxic ischemic encephalopathy lawyer with Brown & Crouppen will file a claim for damages and seek the financial support you need to provide the best quality of life for your child.

Our birth injury law firm has extensive experience with birth injury claims in St. Louis, Kansas City, and throughout Missouri. We fight for families who are frustrated with insurance companies, hospitals, and doctors who won’t take responsibility for their negligence. Brown & Crouppen is committed to providing top-tier legal representation and is ready to pursue justice on your behalf. Schedule your free consultation today.

Why Hire a St. Louis Hypoxic Ischemic Encephalopathy Attorney?

Children affected by hypoxic ischemic encephalopathy often need specialized medical care and assistance for the rest of their lives. If a negligent health care professional caused your child’s injuries, a skilled attorney from our team can fight for compensation that will help cover your child’s long-term medical expenses.

At Brown & Crouppen, we understand the complexities and sensitive nature of hypoxic ischemic encephalopathy cases. We combine our 40 years of experience and knowledge of medical malpractice laws to pursue the best outcome for our clients. Our award-winning law firm has secured over $1 billion in settlements and verdicts for our clients and will pursue legal action for your family.

Our legal services include the following:

  • Investigating thoroughly to determine what caused the hypoxic ischemic encephalopathy
  • Gathering of crucial evidence to build a strong case
  • Access to resources that will help your family during this difficult time
  • Negotiations with insurance companies and hospitals for a favorable settlement
  • Representation in court if your case needs to go to trial
  • Compassionate guidance, support, and communication throughout the process

If your child was affected by hypoxic ischemic encephalopathy at birth, we can explain your rights and explore your legal options. Contact our hypoxic ischemic encephalopathy law firm today to schedule a free case review with a trusted HIE medical malpractice lawyer.

What is Hypoxic Ischemic Encephalopathy?

Hypoxic ischemic encephalopathy occurs when there is not enough oxygen and blood flowing to the brain during birth. When the brain does not receive sufficient oxygen, brain cells are quickly damaged or die. Other parts of the body also may suffer harm when blood does not flow to critical organs. Hypoxic ischemic encephalopathy may arise from birth complications, which sometimes result from a doctor’s negligence.

Babies can experience brain damage and permanent health conditions from oxygen deprivation. Newborns are evaluated for hypoxic ischemic encephalopathy and ranked in severity when they show signs of brain damage. Often, children suffer from mental disabilities, cerebral palsy, seizures, and other types of cognitive impairment.

How Common is Hypoxic Ischemic Encephalopathy?

Hypoxic ischemic encephalopathy impacts between three to 20 full-term infants per 1,000 births. While it is considered one of the most serious birth complications for full-term babies, up to 60 percent of premature infants suffer from hypoxic ischemic encephalopathy during live births.

Is Hypoxic Ischemic Encephalopathy Considered Medical Malpractice?

Different circumstances can cause hypoxic ischemic encephalopathy at birth. However, if a doctor fails to provide the expected level of care during labor and delivery, it could be considered medical malpractice. Our hypoxic ischemic encephalopathy lawyers can prove medical negligence by showing the following:

  1. Duty: Your doctor must provide the medical standard of care to you and your baby.
  2. Breach of duty: Your doctor or other medical professionals breached their duty of care by making mistakes or failing to take action when needed.
  3. Causation: The breach of duty caused hypoxic ischemic encephalopathy and your child’s injuries.
  4. Damages: As a result of your child’s injuries, you have measurable damages, which can include medical expenses and other losses.

While you may receive some financial assistance from health insurance, Medicare, Medicaid, or other government sources, it may not be enough to provide the best care for your child. A medical malpractice claim can recover the maximum amount for your losses, including future medical care costs. You also can hold the responsible parties accountable, which may include:

  • Doctors
  • Nurses
  • Midwives
  • Hospitals

If you suspect your medical team made poor decisions that caused hypoxic ischemic encephalopathy, contact our team now. A St. Louis personal lawyer will review your case at no charge to see if you qualify to bring a claim for compensation.

What Are Common Signs of Hypoxic Ischemic Encephalopathy in Babies?

Here are some signs that hypoxic ischemic encephalopathy may have occurred during birth:

  • Seizures
  • Breathing issues at birth
  • Pale or bluish skin color
  • Difficulty feeding
  • Abnormal reflexes
  • Decreased alertness or failure to respond
  • Lethargy or extreme fatigue
  • Loss of consciousness

Babies may experience some or all of these symptoms after suffering from hypoxic ischemic encephalopathy at birth. If you notice these signs in your child, seek immediate medical assistance.

What Damages Are Available in Hypoxic Ischemic Encephalopathy Cases?

Depending on the severity of your child’s injuries, you may be able to seek substantial financial compensation. Our team of hypoxic ischemic encephalopathy lawyers will identify and value qualifying damages, including economic and non-economic losses. Economic damages constitute financial losses caused by the injury, while non-economic damages represent subjective, non-monetary losses your family has suffered.

You may receive compensation for the following damages with a hypoxic ischemic encephalopathy claim:

  • Current medical bills
  • Cost of medical supplies and equipment
  • Cost of medication
  • Cost of home modifications
  • Future medical care and assistance
  • Lost income and earnings capacity
  • Pain and suffering
  • Emotional distress

Contact our firm’s hypoxic ischemic encephalopathy attorneys to see if you have a legal claim and what your case may be worth.

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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Hypoxic Ischemic Encephalopathy Causes & Risk Factors

Several factors can increase the risk of hypoxic ischemic encephalopathy or directly cause it, including the following:

If you’re considering a medical malpractice claim, determining what caused your child’s hypoxic ischemic encephalopathy is vital. Our St. Louis and Kansas City personal lawyers will work with you to uncover the cause of your child’s birth injury.

When medical negligence has caused hypoxic ischemic encephalopathy, we will prove that you received below-standard care and advocate for your family’s rights. Schedule a no-obligation case review with our team to learn more about our legal services.

Call Our HIE Lawyers in Missouri for a Free Consultation

At Brown & Crouppen, we focus not on big or little cases but on people. We understand your struggles and believe everyone in our community deserves access to the best representation possible. That’s why you won’t pay any upfront costs or legal fees to work with our team. We only get paid if your case succeeds.

Let our hypoxic ischemic encephalopathy attorneys in St. Louis and Kansas City help your family claim the compensation they deserve. Call 800-536-4357 or schedule a free consultation online to seek justice for your baby.

FREE CASE EVALUATION

Our Results

Awarded to our clients over

$1 MILLION

Boat Mechanic’s family settles
wrongful death suit

$2 MILLION

High school runner struck by utility
truck reaches settlement

$1 MILLION

Postal worker struck by commercial truck
at loading dock settles lawsuit

$1.5 MILLION

TESTIMONIALS

star
andy terry and ed in suits

Have you suffered an injury?

Call Brown & Crouppen at 
(314) 501-9394
for a FREE consultation

SCHEDULE A FREE CONSULTATION

314-222-2222
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