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.
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.
- Last Modified:
- March 28, 2024
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?
- When Should I File a Birth Injury Lawsuit?
- Types of Birth Injury Lawsuits
- Birth Injury Compensation in Missouri
- Who Is Eligible to File a Birth Injury Lawsuit?
- Birth Injury Wrongful Death Claims in Missouri
- How Brown & Crouppen Can Help
- Contact Brown & Crouppen for Help With Your Missouri Birth Injury Lawsuit
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 like the apgar score. 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.
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.
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- Last Modified:
- March 28, 2024
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