Birth injuries are among the most severe and devastating kinds of harm a person can suffer. The medical costs alone can drain your finances, but a birth injury can radically alter your child’s future, robbing them of their health and prospects. Things can be even worse when you realize that the injury was avoidable and the result of negligent medical care.
If your child has been harmed by negligent care during labor or delivery, you need to speak to the team at Birth Injury Lawyers Group. You and your child may be entitled to financial compensation for the financial and psychological losses you’ve suffered.
We have recovered over $750 million for victims and their families in our 20–plus years of legal practice. We understand firsthand the consequences of birth injuries and are dedicated to pursuing justice and answers. Send us a message today to discuss your case with a birth injury lawyer in Overland Park.
Why You Need a Birth Injury Lawyer
Learning that their infant has been harmed is one of the most horrifying things a parent can imagine. The financial and emotional fallout of birth injuries can tear families apart and create substantial hardship for injured children.
A birth injury lawyer can provide guidance and support as you deal with the unimaginable. We can manage every aspect of filing a birth injury lawsuit, from initial investigations to settlement negotiations. Let us handle the legal hardship of recovering compensation, so you can focus on providing for your child and family.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Types of Birth Injury Cases We Litigate in Overland Park
Below are common types of birth injury lawyer cases that we litigate. If you are unsure whether your case counts, contact us today, and we can provide a free assessment:
- Overland Park cerebral palsy lawyer. Cerebral palsy is caused by damage to the brain’s cerebrum and can affect motor coordination and cognition.
- Overland Park Erb’s palsy lawyer. Injuries to the shoulder and arms can cause Erb’s palsy, characterized by weakness and lack of muscle tone in the arms.
- Overland Park brain ischemia lawyer. Brain ischemia is the term for cell death in the brain caused by a lack of blood flow and oxygen.
- Overland Park brachial plexus lawyer. Physical trauma during delivery can cause injuries to the brachial plexus nerve running through the arms and shoulders.
- Overland Park infant broken bones lawyer. Infant bones are soft, so they can break or fracture under stress and compression during birth.
- Overland Park birth asphyxia lawyer. Various complications during delivery can deprive the infant of oxygen, leading to organ and tissue damage.
- Overland Park umbilical cord injury lawyer. Newborns can become tangled in umbilical cords and suffer injuries to the neck and spine.
Overland Park Birth Injury Lawyer Near Me (800) 222-9529
Do I Have a Valid Birth Injury Claim?
Not all injuries that occur during birth are grounds for a lawsuit. To file a birth injury lawsuit, you must show that the injury was specifically the result of medical negligence. A medical professional is negligent when they violate accepted standards of medical conduct and cause injury.
Below are common types of medical negligence that can justify a birth injury claim:
- Incorrect delivery techniques
- Improper use of medical instruments (e.g., forceps)
- Failure to monitor for fetal distress
- Surgical or medication errors
- Hospital-acquired infections
Given the nature of medical negligence, expert opinion plays a particularly important evidentiary role in birth injury claims. A similarly qualified medical professional can provide testimony that your medical provider’s conduct fell short of the accepted threshold of care.
"We know first-hand what you are going through."
Compensation You Can Recover in a Birthing Injury Lawsuit
An Overland Park birth injury lawyer can pursue financial compensation for any losses associated with your child’s injury. This may include the following:
- Emergency medical care and hospitalization costs
- Future necessary medical care, such as corrective surgeries, rehabilitative therapy, and prescription drugs
- Lost parental income from taking time off work to care for your child
- Loss of your child’s earning capacity due to permanent impairment
- Cost of modifications to homes or vehicles to accommodate disability
- The pain and suffering, mental anguish, and emotional distress experienced by your child
- Reductions in quality of life due to scarring or disfigurement
Our calculations go beyond typical medical costs and seek to account for all the long-term losses birth injuries cause.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Time Limit for Filing a Birth Injury Lawsuit in Overland Park
There are two time limits relevant to filing birth injury claims in Kansas. The first is the time limit for parental claims, which is two years. This is the time limit for claims aiming to recover compensation for losses that parents suffered due to a birth injury, such as lost parental income.
The other time limit is for claims made on behalf of minor victims (e.g., lost earning capacity, pain and suffering, etc.). Normally, the statute of limitations for injury claims involving a minor runs out on their 19th birthday. However, no medical malpractice claim can be made more than eight years after the malpractice occurred.
So for birth injury claims, you effectively have eight years to file a lawsuit on behalf of the child. Kansas’s laws governing these limitations periods are complex, so you need to talk to a lawyer to ensure you haven’t exceeded filing deadlines.
Contact Our Overland Park Birth Injury Lawyers Today
A birthing injury can change the trajectory of your and your child’s lives forever. Birth Injury Lawyers Group is dedicated to helping families recover the resources necessary to navigate future medical care and life.
Contact our offices online or call us today to speak to a birth injury lawyer in Overland Park.
"We are committed to helping families who have suffered medical negligence."