You can file a birth injury claim when your child is harmed as a result of negligence from a healthcare provider. Medical professionals owe your child a duty of care. There’s an expectation that they will perform their duties at a professional level without causing undue harm.
When a medical professional breaches their duty of care to you or your baby, whether it is deliberate or not, a Missouri birth injury attorney can help your family collect the compensation you’re entitled to. Let us get you the compensation you need to care for your child.
For a free legal consultation, call 1-800-222-9529
How a Birth Injury Can Affect Your Child
The impact of your child’s birth injury will depend on the type of injury. If your child suffers a lifelong injury, they will have to learn how to adjust their life accordingly as they grow. Babies need constant exercise to build their muscles. If they’re unable to move part of their body due to paralysis, it could lead to stunted growth.
A serious birth injury could impact your child’s ability to develop socially, leading to hard times at school, in their personal lives, and in their careers. Ultimately, it is important to seek justice for your child’s birth injury, because it’s more than money for medical bills; it could help make things easier on what could be a difficult life: physically, cognitively, and socially.
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A Missouri Birth Injury Lawyer Can Help Your Family
After a consultation, your birth injury attorney in Missouri will begin to gather evidence and investigate the cause of the injuries including who is responsible. This can also mean hiring a medical expert to testify medical negligence took place. Your lawyer can take care of preparing legal documents and speaking on your behalf in court.
Ultimately, the goal is to ensure that each family recovers the maximum amount of compensation possible. A Missouri birth injury lawyer can work on a contingency-fee basis until you have the results that you deserve.
Comparative Fault in Medical Malpractice Cases
If you played a part in your child’s birth injury, you could lose some rights to compensation. There are a number of examples of medical malpractice comparative negligence including:
- Failure to fully disclose medical history, including previous surgeries or any allergies
- Lying about medical history
- Taking part in activities that worsen the injury
- Failure to follow the doctor’s treatment or post-operative instructions for either you or your child
Because Missouri uses a comparative fault system, you and your birth injury lawyer must first prove that another party was responsible for the injuries. A judge or jury will then reduce the amount of damages you receive, depending on what percentage of fault you had.
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Damages in Missouri Birth Injury Cases
With the help of a Missouri birth injury lawyer, your economic and non-economic damages can be totaled and used in settlement negotiations or in front of a jury, if your case goes to trial. Your damages can include:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages
- Loss of enjoyment of life
- In the case of wrongful death, funeral and burial costs
Missouri has a cap on the amount of financial compensation that can be recovered in a medical malpractice lawsuit. This is set at $400,000 for non-economic damages.
Don’t Miss Your Chance to Collect Compensation
According to Missouri law §516.105, the statute of limitations mandates that birth injury claims must be filed within 2 years from the date of the injury, or within two years from the date the injury was discovered.
If your child was injured, they can also file a lawsuit on behalf of themselves once they are legally of age, but before they reach the age of 20, or they will not be able to receive compensation
Birth Injury Lawyer Group is Ready to Take On Your Case
Dealing with the aftermath of a birth injury can be incredibly overwhelming for all who are involved. If you suspect that you, your family, or your child are suffering from a birth injury, the very first step is to seek legal help.
Given that time is sensitive in these cases, Birth Injury Lawyer Group in Missouri can help you get started with a free case review today. We have years of experience helping families recover from negligence and are prepared to fight for you.