Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
When families welcome a new child into the world, they expect a joyful experience filled with hope and promise. Unfortunately, complications during labor and delivery can result in devastating birth injuries that affect a child for life. Dickerson Oxton understands the profound emotional and financial toll these injuries place on families.
Our law firm represents innocent victims and their families against individuals and corporate parties responsible for these harms. With a family-oriented approach, the Kansas City legal team at Dickerson Oxton can be reached at (816) 542-6599 to discuss potential claims involving brachial plexus injuries, cerebral palsy, and other birth-related conditions. As medical malpractice claims continue to evolve in 2025, understanding the legal landscape surrounding these injuries has never been more important.
What Are The Legal Consequences of Birth Injuries?
The legal consequences of birth injuries can include medical malpractice claims against healthcare providers who failed to meet the standard of care during pregnancy, labor, or delivery. Families may pursue compensation for medical expenses, ongoing therapy costs, pain and suffering, and lost future earning potential. According to the Centers for Disease Control and Prevention, about one in every 33 babies is born with a birth defect, and many of these cases involve preventable medical errors.
Summary of Kansas City Birth Injuries
Birth injuries such as cerebral palsy and brachial plexus injuries may arise from medical errors during pregnancy, labor, or delivery and can have lifelong consequences for a child and family.
- Birth injuries may form the basis of a medical malpractice claim when a healthcare provider fails to meet the accepted standard of care, potentially leading to damages for medical treatment, therapy, pain and suffering, and reduced future earning capacity.
- Brachial plexus injuries often occur during difficult deliveries involving shoulder dystocia, excessive traction, prolonged labor, high birth weight, or improper use of delivery instruments. They can result in weakness or paralysis of the arm.
- Cerebral palsy and other serious birth injuries may be linked to oxygen deprivation, head trauma, infections, or delayed medical intervention, frequently requiring lifelong medical care, therapy, and adaptive support.
Dickerson Oxton represents families in Kansas City and the surrounding region in matters involving birth injuries, including cerebral palsy and brachial plexus injuries.
Understanding Brachial Plexus Injuries and Their Causes
The brachial plexus is a network of nerves that originates near the neck and extends through the shoulder to provide movement and sensation to the arm, hand, and fingers. When these nerves are stretched, compressed, or torn during a difficult delivery, the result can be weakness, numbness, or even paralysis in the affected limb.
Common causes of these injuries include:
- Shoulder dystocia, where the infant’s shoulder becomes lodged behind the mother’s pelvic bone during delivery
- Excessive pulling or traction on the infant’s head and neck during a difficult vaginal birth
- Prolonged labor that places stress on the infant’s nerves
- High birth weight or macrosomia, particularly in infants weighing over nine pounds
- Improper use of forceps or vacuum extraction devices
According to the National Institutes of Health, brachial plexus injuries occur in approximately one to three out of every 1,000 births.
Cerebral Palsy and Other Serious Birth Injuries
Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. This condition typically results from brain damage that occurs before, during, or shortly after birth. When oxygen deprivation, head trauma, or untreated infections during delivery cause this damage, medical negligence may be a contributing factor. Families dealing with cerebral palsy often face lifelong challenges, including the need for physical therapy, occupational therapy, specialized equipment, and ongoing medical care.
Other serious birth injuries that may warrant legal action include hypoxic-ischemic encephalopathy, skull fractures, facial nerve damage, and spinal cord injuries. Each of these conditions can result from medical errors such as delayed cesarean sections, improper fetal monitoring, or failure to respond to signs of fetal distress.
How Dickerson Oxton Helps Kansas City Families With Birth Injury Claims
Pursuing a medical malpractice claim requires demonstrating that a healthcare provider breached the standard of care and that this breach directly caused the child’s injuries. Dickerson Oxton works with medical professionals and expert witnesses to build compelling cases on behalf of injured families.
Compensation in birth injury cases may cover:
- Past and future medical expenses, including surgeries, hospitalizations, and rehabilitation
- Physical therapy, occupational therapy, and speech therapy costs
- Specialized medical equipment such as wheelchairs, braces, and adaptive devices
- Lost wages for parents who must reduce work hours to care for their child
- Pain and suffering
- Loss of future earning capacity for children with permanent disabilities
The legal team understands the complexities of birth injury litigation and the importance of securing compensation that addresses both current and future needs.
Finding Support and Resources for Affected Families
Families navigating the aftermath of a birth injury often benefit from connecting with others who have faced similar challenges. Online discussion groups provide valuable opportunities to share experiences, gather information about treatment options, and receive emotional support from parents who understand the journey. Many parent communities offer resources for coping with a child’s disability while also providing guidance on navigating the healthcare and legal systems.
National organizations such as United Cerebral Palsy and Easter Seals offer programs designed to improve the quality of life for children with disabilities. These organizations provide access to therapy services, educational resources, summer camps, and family support groups that can make a meaningful difference during challenging times.
The emotional toll of caring for a child with a birth injury should not be underestimated. Parents often experience grief, guilt, and anxiety as they adjust to a new reality that differs from what they envisioned. Seeking support from mental health professionals, joining parent support groups, and connecting with community resources can help families build resilience and find hope for the future.
Taking the Next Step Toward Justice with Dickerson Oxton
When a child suffers a preventable birth injury, families deserve answers and accountability. The statute of limitations for medical malpractice claims varies by state, making it essential to explore legal options promptly. Many families do not realize that medical records, witness testimony, and expert medical opinions play crucial roles in establishing liability. Consider consulting an experienced attorney who can evaluate the circumstances surrounding the birth and determine whether medical negligence was involved.
Dickerson Oxton remains committed to advocating for families affected by birth injuries in Kansas City and throughout the region, including cases involving brachial plexus injuries and cerebral palsy. With a compassionate, family-oriented approach, the legal team works tirelessly to fight for the rights of injured children and their loved ones. To learn more about potential legal options, contact Dickerson Oxton at (816) 542-6599 for a consultation.
Frequently Asked Questions
The following includes some relevant frequently asked questions about birth injuries, such as cerebral palsy, brachial plexus, and others.
What Is Considered A Birth Injury Under Medical Malpractice Law?
Birth injuries generally refer to physical or neurological harm sustained by an infant before, during, or shortly after delivery. In some cases, these injuries may be linked to medical errors, including improper monitoring, delayed intervention, or misuse of delivery instruments.
How Do Brachial Plexus Injuries Occur During Childbirth?
Brachial plexus injuries may occur when excessive force or traction is applied to an infant’s head, neck, or shoulders during delivery. Situations involving shoulder dystocia, prolonged labor, high birth weight, or improper use of forceps or vacuum devices can increase the risk.
Can Medical Negligence Cause Cerebral Palsy?
Cerebral palsy may be associated with medical negligence when brain damage results from oxygen deprivation, untreated infections, delayed cesarean delivery, or failure to respond to fetal distress. Not all cases involve negligence, but some may warrant further legal review.
What Types Of Compensation May Be Available In Birth Injury Cases?
Compensation in birth injury cases may include coverage for medical expenses, ongoing therapy, assistive equipment, pain and suffering, and reduced future earning capacity. The specific damages available depend on the facts of the case and applicable state law.
How Long Do Families Have To File A Birth Injury Claim?
The time limit for filing a birth injury or medical malpractice claim varies by state and may involve special rules for minors. Acting promptly can help preserve medical records, witness testimony, and other evidence relevant to the claim.
What Evidence Is Used To Prove Medical Malpractice In Birth Injury Cases?
Evidence may include medical records, fetal monitoring data, expert medical opinions, and testimony regarding the standard of care. Establishing a connection between the provider’s actions and the injury is a key component of these claims.
How Can Dickerson Oxton Assist Families Affected By Birth Injuries?
Consider visiting with an experienced attorney at Dickerson Oxton to learn more about legal options in birth injury matters. The team helps clients understand relevant medical records, applicable laws, and potential avenues to pursue accountability and compensation.