Children are the most important aspect of the lives of most parents. When a son or daughter suffers serious injuries, it is a tragic situation. When these injuries are the direct result of a medical professional’s negligent actions, the situation is inexcusable.

If you have a child who has suffered birth injuries or wrongful death as a result of medical malpractice, talk with an experienced personal injury lawyer from Yonke Law LLC. We understand that you are facing unique and extremely difficult challenges. We value the attorney-client relationship and will handle your legal matter with professionalism, compassion, and care. With more than 20 years of experience handling birth injury cases, our Kansas City medical malpractice lawyers know how to get you the compensation you deserve.

Although our lawyers cannot undo a wrongful death or other birth injury to your child, we can help your family obtain compensation and a measure of justice for the tragedies you have been forced to endure.

Mother holding newborn baby’s feet. If you or your newborn have sustained an injury at birth, our birth injury lawyers are ready to help you.

What is a Birth Injury?

A birth injury is an injury that occurs during or shortly after the birthing process. Birth injuries can be physical, mental, or emotional in nature, and can range from mild to severe. Some common birth injuries include cerebral palsy, Erb’s palsy, skull fractures, and nerve damage. While some birth injuries are not permanent, some can lead to lifelong disability or even death.

If your child has suffered a birth injury, you may be wondering if you have any legal recourse. The answer depends on the circumstances surrounding the injury. If the injury was caused by negligence on the part of the doctor or other medical staff, you may be able to file a medical malpractice claim.

If you believe your child’s birth injury was caused by someone else’s negligence, it is important to speak with an experienced birth injury attorney as soon as possible. An experienced Kansas City birth injury lawyer can help you understand your legal options and will fight to get you the compensation you and your family deserve.

How Long Do I Have to File a Birth Injury Claim in Kansas?

In Kansas, the statute of limitations for filing a birth injury claim is two years from the date of the injury or from the date the injury was or should have been discovered, with a maximum limit of four years from the date of the injury. However, in some cases, the statute of limitations for a birth injury claim may be extended for minors until they reach the age of 18.

It’s important to consult a Kansas City birth injury lawyer as soon as possible after a suspected birth injury to ensure that you have the maximum time to pursue your case. A birth injury lawyer can review the specific facts of your case and help you understand the applicable laws and time frames in your case. By working with a birth injury lawyer, you can ensure that you have the best possible chance of recovering the compensation you deserve for your injury.

What Evidence Do I Need to Prove a Birth Injury?

Proving a birth injury can be a complex and challenging process that requires a thorough understanding of medical terminology, procedures, and protocols. To build a strong case, it is important to gather as much evidence as possible to support your claim.

The evidence that may be used to prove a birth injury includes medical records, including prenatal care, delivery, and post-delivery care; witness statements from medical professionals and family members; expert opinions from medical experts; and any other relevant documentation or materials. Additionally, it may be necessary to conduct an independent medical examination, hire a medical expert to review the case or gather additional records and information to build a strong case.

Working with a knowledgeable Kansas City birth injury attorney can help you understand what evidence is needed to prove your case and how to gather the evidence necessary to build a strong claim. An attorney can help you navigate the complex legal and medical aspects of your case and ensure that your rights are protected throughout the process.

How Can a Lawyer Prove Medical Negligence?

To prove medical negligence, your lawyer will need to show that the doctor or other medical professional owed you a duty of care, breached that duty, and caused you or the baby harm as a result.

For example, if you went to the doctor for a regular prenatal checkup and the doctor failed to detect a problem with the baby’s heart rate, your Kansas City birth injury attorney could argue that the doctor breached their duty of care by not ordering further testing. If that breach resulted in your child being born with a heart condition, you may have grounds for a medical malpractice lawsuit.

Birth injury claims can be complex. You will likely need the help of an experienced attorney who can investigate your birth injury case and build a strong argument on your behalf.

What Damages Can I Recover in a Birth Injury Lawsuit?

If you are successful in your medical malpractice claim, you may be able to recover damages for your child’s medical expenses, pain and suffering, and future needs. In some cases, punitive damages may also be available.

If your child suffered a brain injury at birth that resulted in cerebral palsy, you may be able to recover damages for their past and future medical expenses, as well as any costs associated with their disability, such as adaptive equipment or therapies. If your child died as a result of their birth injury, you could recover damages for funeral and burial expenses.

No amount of money can make up for what you have been through, but filing a lawsuit can help ensure that your child gets the care they need and that you are not left with overwhelming financial burdens.

Different Kinds of Birth Injuries

There are many different kinds of birth injuries, ranging from mild to severe. Some common types of birth injuries include:

• Cerebral palsy: This is a condition that affects movement and muscle coordination. It is caused by damage to the brain during pregnancy or delivery.

• Erb’s palsy: This is a condition that affects the nerves in the arm. It is caused by damage to the nerves during delivery.

• Shoulder dystocia: This is a condition that occurs when the baby’s shoulder becomes stuck during delivery. It can cause damage to the nerves and muscles in the arm.

• Fractured bones: This can occur if the baby is dropped during delivery or if too much force is used during delivery.

• Brain damage: Often caused by lack of oxygen or nutrients to the child due to umbilical cord stress during birth, severe brain damage and traumatic brain injury are all too common during birth.

• Spinal cord damage: This can occur if the baby is dropped during delivery or if too much force is used during delivery.

These are just some of the many different types of birth injuries that can occur. If your child was injured during delivery, contact an experienced Kansas City birth injury attorney today to learn more about your legal options.

Birth Injuries vs. Birth Defects

New born baby being pulled out by doctor via a c section.

It is important to understand the difference between a birth injury and a birth defect. A birth injury is an injury that occurs during the birthing process, while a birth defect is a problem that is present at birth.

Birth injuries can be caused by medical negligence, such as if the doctor fails to detect a problem with the baby during pregnancy or delivery. They can also be caused by accidents, such as if the baby is dropped during delivery.

Birth defects, on the other hand, are not caused by medical negligence or accidents. They are usually genetic or due to exposure to something during pregnancy, such as alcohol or certain medications.

If your child was born with a birth defect, you may still be able to recover damages if the defect was caused by someone else’s negligence. For example, if you were prescribed medication during pregnancy that caused your child to be born with a birth defect, you may have grounds for a birth injury claim.

The best way to know if you have a case is to speak with an experienced birth injury lawyer. An experienced birth injury lawyer will be able to review the circumstances of your child’s birth and injuries and advise you on your legal options.

Causes of Birth Injury

There are many different causes of birth injuries. Some common causes include:

• Medical negligence: This can occur if the doctor fails to detect a problem with the baby during pregnancy or delivery.

• Accidents: This can occur if the baby is dropped during delivery.

• Genetic factors: This can occur if the baby has a genetic disorder that makes them more susceptible to injuries.

• Exposure to toxins: This can occur if the mother is exposed to toxins during pregnancy, such as certain medications.

If you believe your child was injured due to medical negligence, don’t wait to get help. Contact an experienced birth injury lawyer today for a free consultation.

What is the Most Common Birth Injury?

Birth injuries are a leading cause of birth trauma litigation, with birth injury attorneys working hard to represent clients whose birth experiences did not go as planned. One of the most common birth injuries is brachial plexus injuries, also known asd Erb’s Palsy, caused by excessive stretching or direct trauma to the baby’s delicate arm or shoulder nerves during childbirth. While these nerve injuries may heal within months, they can also potentially lead to long-term medical issues and require reconstructive surgery. If a birth injury is suspected, it is important to seek out an experienced birth injury attorney to ensure that the rights of the child and family are protected.

Can You Sue a Hospital for Traumatic Birth?

It is possible to sue a hospital for traumatic birth, however it is a difficult process that requires legal help from a birth injury lawyer. Cases of serious birth injuries due to negligence or malpractice may be met with success in court; if birth injury settlements are not mutually agreed upon through negotiation, then legal action will be necessary. Birth injury lawyers understand the complexities of birth trauma cases and can help ensure that adequate justice is served.

How Do I Get a Birth Injury Settlement?

Obtaining a birth injury settlement involves several steps and requires a thorough understanding of the legal process. The first step is to build a strong case by gathering evidence and working with medical experts to demonstrate the extent of the injury and the role of medical negligence in causing the injury.

Once the case has been built, the next step is to negotiate with the responsible party, often the doctor or hospital, or insurance company, to reach a settlement. In some cases, this may involve filing a lawsuit and participating in pre-trial discovery, depositions, and other legal proceedings. Your birth injury attorney can help you understand the specific steps involved in your case and represent you in negotiations and court proceedings.

It’s important to keep in mind that birth injury settlements can take time to resolve, and the process can be complex and challenging. However, by working with an experienced birth injury lawyer, you can increase your chances of obtaining a fair and just settlement for your injury. Your attorney can guide you through the process, protect your rights, and help you pursue the compensation you deserve for your injuries and losses.

How Much Are the Average Birth Injury Settlements?

Our Kansas City birth injury attorney is available to provide reliable guidance for families whose newborns have suffered from a birth injury, and to help them determine what their legal options may be. While there is no specific formula for calculating average birth injury settlements, Kansas City birth injury attorneys possess the knowledge and experience necessary to evaluate these cases and can help families determine their possible financial compensation for a birth injury. Birth injury attorneys in Kansas City typically consider various factors when determining whether or not a claim is eligible for birth injury lawsuit settlements, examining different elements such as hospital costs, long-term medical treatment costs, emotional distress damages, physical pain and suffering damages, among others. As such, our birth injury attorneys can provide essential support with navigating this complex process by helping victims of birth injuries identify all of their potential legal remedies.

Can I Sue a Doctor for a Birth Injury Even if I Signed a Waiver?

Black and white photo of a naked baby being held after birth by medical staff.

Whether you can sue a doctor for a birth injury even if you signed a waiver depends on the specific terms and conditions of the waiver, as well as state laws and regulations. In some cases, signing a waiver may limit your ability to bring a claim, but it is important to consult with a Kansas City birth injury attorney to understand the specific impact of the waiver on your case.

In general, medical malpractice waivers are contracts that patients sign as a condition of receiving medical treatment. These agreements may include language that waives the patient’s right to sue for medical malpractice, or that limits the damages that can be recovered in the event of a malpractice claim. However, the enforceability of these agreements may depend on state laws and the specific circumstances of each case.

It is important to remember that the legal requirements for medical malpractice claims and the enforceability of waiver agreements can be complex, and it is always best to consult with a Kansas City birth injury attorney to understand your rights and options in your specific case. An attorney can help you navigate the legal process, assess your claim, and help you pursue the compensation you deserve.

How Can a Kansas City Birth Injury Attorney Help Me?

If your child has suffered a serious birth injury, talk with a Kansas City medical malpractice lawyer from Yonke Law LLC. We help birth injury victims and their families get the compensation they deserve.

A birth injury lawyer can investigate your case, gather evidence, and build a strong argument on your behalf. They will also negotiate with the insurance companies and, if necessary, take your case to trial.

Don’t go through this process alone. Call us at (816) 221-6400 or email us to schedule a free initial consultation.

How Can I Find the Best Birth Injury Lawyer in Kansas City for My Case?

Finding the best birth injury lawyer in Kansas City for your case requires careful research and due diligence. Start by getting recommendations from trusted family and friends, or consult with legal directories and professional organizations. It’s also a good idea to review the lawyer’s track record and experience handling birth injury cases and to check their reputation with organizations such as the state bar association and consumer protection agencies.

Once you have a list of potential lawyers, it’s important to schedule consultations with each of them to discuss your case in detail. During these consultations, you should ask about the lawyer’s experience, approach to cases like yours, and estimated fees. You should also feel comfortable communicating with the lawyer and have confidence in their ability to represent you effectively.

Finding the best Kansas City birth injury lawyer requires research, due diligence, and careful consideration of the available options. By taking the time to find a skilled and experienced lawyer who is a good fit for your case, you can have peace of mind knowing that you have the best possible representation for your birth injury claim. Contact our team at Yonke Law LLC today to learn more about how we can help fight for your justice.

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