A birth injury can have a lifelong impact on a child. It is a physician’s legal responsibility to treat a mother and infant with care and prudence. Unfortunately, mistakes happen. No parent wants to find out that their child has suffered a birth injury. If your infant has been diagnosed with an injury, it is important to protect your family’s legal rights by hiring a birth injury attorney in Kansas City, Missouri.
What Is a Birth Injury Lawyer?
A birth injury lawyer specializes in the area of medical malpractice where a physician, gynecologist or surgeon fails to meet the standards of care in treating an expectant mother. Medical malpractice is the neglect of a health care professional to provide appropriate treatments or take appropriate actions, causing harm to a patient. If a health care provider falls short of the duties of care before, during or after childbirth, the mother and/or infant can suffer serious injuries.
A birth injury lawyer will have the experience, training and knowledge to represent your family during a civil lawsuit. A lawyer can explain your rights within the civil justice system, for example, such as your right to seek financial compensation from one or more defendants for negligently causing your child’s birth injuries. Your lawyer can also help you fight for fair financial compensation during a birth injury claim, even if that means taking the case to trial in Kansas City.
What Are Common Birth Injuries?
Any type of mistake or lapse in the proper care of a mother during pregnancy or delivery could result in serious injuries. For example, if the attending physician fails to carefully monitor the infant’s vitals for signs of fetal distress, the physician may miss that the baby has lost oxygen supply. This could result in the baby suffering permanent brain damage, along with potential related conditions such as cerebral palsy.
Some of the most common types of birth injuries associated with medical malpractice are:
- Bone fractures
- Brachial plexus injuries or Erb’s palsy
- Brain hypoxia
- C-section injuries
- Cerebral palsy
- Concussions or head injuries
- Facial paralysis
- Forceps or vacuum injuries
- Nerve damage
- Shoulder dystocia
- Surgical errors during birth
Any type of injury, major or minor, can affect a child’s life. Your child may experience physical pain, discomfort, disability, learning impairment, growth problems and even permanent injuries due to a physician’s negligence. Although money can’t make up for an injury to your child, it can bring your family justice and less financial stress.
Can Birth Injuries Be Prevented?
Not all birth injuries constitute medical malpractice in Missouri. If the doctor did everything a reasonable and prudent doctor would have in the same scenario, he or she may not be guilty of malpractice. For parents to have grounds to file a malpractice claim against a doctor or health care center, they must have evidence that the injury was preventable.
Each case is different, but in certain instances, birth injuries are preventable. Proving that the defendant(s) more likely than not could have avoided a foreseeable injury is required to obtain financial compensation. Meeting this burden of proof often takes evidence such as testimony from an expert medical witness in the same field as the defendant.
When to Hire a Birth Injury Attorney in Missouri
Your family is going through enough after a birth injury diagnosis. You should be able to rest, relax and focus on your new child’s recovery. You should not have to shoulder the burden of a legal battle – especially when the defendant is a powerful adversary such as a hospital or insurance corporation. The best way to protect your rights, while also benefiting from peace of mind, is by hiring a birth injury attorney to handle your case.
Hiring a birth injury lawyer can come with many different advantages throughout your claim. Having a lawyer in your corner can increase your odds of a successful case and the financial compensation that your family deserves. For more information about whether you should hire a birth injury attorney in Missouri, contact Dickerson Oxton, LLC for a free consultation.