We are personal injury attorneys who have achieved results for our clients in Joplin for over 40 years.
Birth injuries can involve conditions like cerebral palsy, nerve damage, or other serious complications. The job of a birth injury attorney is to investigate what happened, determine if negligence played a part, and pursue compensation for the physical, emotional, and financial impact on the family.
This issue matters because birth injuries can create lifelong challenges for both the child and the parents. The medical costs, focused care, and emotional strain can be overwhelming. Families deserve to know their rights and understand whether the harm could have been prevented.
Addressing these concerns through legal action can ease the burden and help secure necessary support for the future. At Buchanan, Williams & O’Brien in Springfield, we help families through the legal process when facing the effects of a birth injury. We focus on holding the liable parties accountable and work to recoup compensations that covers medical bills, future care, and the pain families endure.
Understanding Birth Injuries
Birth injuries can be life-changing, affecting the health of a child and the well-being of their family. These injuries often happen during labor or delivery and may have both immediate and long-term effects.
In Springfield and throughout Missouri, common birth injuries often include cerebral palsy, brachial plexus injuries (such as Erb’s palsy), and hypoxic-ischemic encephalopathy (HIE), a type of brain damage caused by oxygen loss during birth.
It’s important to understand that birth injuries are different from congenital disabilities. Congenital disabilities are genetic or developmental issues that occur before birth, while birth injuries are usually caused by trauma or medical mistakes during delivery. Errors in medical judgment or failure to respond to complications during delivery can result in preventable harm.
Missouri families whose children have suffered a preventable birth injury may be eligible to pursue compensation under medical malpractice laws. A successful claim can provide support for medical expenses, therapy, assistive devices, and lifelong care.
Recognizing the Signs of Birth Injuries
Birth injuries can show up immediately after delivery or become noticeable as a child grows. Signs of birth injuries shortly after birth include:
- Seizures
- Difficulty feeding
- Abnormal muscle tone (too stiff or too floppy)
- Lack of reflexes
As the child develops, other signs may appear, such as:
- Missing developmental milestones (e.g., sitting, walking, or speaking)
- Muscle stiffness or poor coordination
- Limited movement in arms or legs
For example, Erb’s palsy—caused by shoulder dystocia during delivery—can result in weakness or partial paralysis in the arm due to nerve damage. Similarly, brain injuries such as HIE may lead to cognitive delays, speech difficulties, or behavioral challenges.
Early diagnosis is crucial. Timely medical evaluations ensure proper treatment and provide evidence for potential legal claims.
Our attorneys cooperate with medical professionals to determine the cause and impact of your child’s condition, guiding and supporting your family.
Causes of Birth Injuries
Many birth injuries are preventable and often result from medical negligence during prenatal care, labor, or delivery. Common causes include:
- Oxygen Deprivation (HIE): Lack of oxygen during birth—caused by a compressed umbilical cord, prolonged labor, or errors in delivery—can lead to permanent brain damage.
- Improper Use of Tools: Forceps or vacuum extractors can cause nerve damage, fractures, or internal injuries.
- Delayed C-Section: A delay in performing a necessary C-section during fetal distress or labor complications can result in serious harm.
- Failure to Monitor Fetal Distress: Medical personnel must closely monitor the baby’s heart rate and other signs of distress. Ignoring or misinterpreting these signs can be dangerous.
Under Missouri law, healthcare providers must meet a standard of care and act as reasonably competent professionals in the same situation. If this standard is not met and a child is harmed as a result, families may have grounds for a medical malpractice claim.
At Buchanan, Williams, & O’Brien, we thoroughly investigate each case by reviewing medical records and consulting expert witnesses. We aim to secure compensation for your family, hold negligent providers accountable, and prevent future harm.
Types Of Birth Injury Cases We Handle
Our Springfield-based legal team at Buchanan, Williams, & O’Brien focuses on various birth injury cases. These cases include complex legal and medical issues, requiring experience in obstetric care standards and Missouri medical malpractice law.
Cerebral Palsy (CP)
We represent families whose children develop cerebral palsy due to medical mistakes during labor or delivery. CP is often caused by hypoxic-ischemic encephalopathy (HIE), a condition where the infant’s brain is deprived of oxygen. This can happen when a provider fails to order a timely Cesarean section or mismanages signs of fetal distress. We partner with medical professionals to show how these errors directly caused the injury.
Brachial Plexus and Erb’s Palsy
Brachial plexus injuries occur when a baby’s shoulder gets stuck behind the mother’s pubic bone during delivery (shoulder dystocia). If excessive force or improper techniques are used, the nerves can be stretched or torn, leading to Erb’s palsy or permanent arm weakness. These cases focus on whether the healthcare provider followed proper delivery procedures.
Brain Injuries from Oxygen Deprivation
When a newborn is deprived of oxygen, the results can be severe, including seizures, cognitive disabilities, or motor dysfunction. These injuries often happen due to negligent fetal monitoring, delayed emergency delivery, or failure to address umbilical cord problems. Families may be entitled to compensation for medical expenses, home care, and special education needs.
Spinal Cord Injuries and Paralysis
Although rare, spinal cord injuries during birth can cause partial or total paralysis. These injuries are often linked to traumatic delivery techniques or improper use of delivery tools. If these injuries result from poor medical care, families may seek significant compensation for lifelong care and disability.
Wrongful Death of a Newborn
In the worst cases, birth injuries result in the loss of a baby’s life. Under Missouri law (RSMo § 537.080), parents can file a wrongful death claim if medical negligence caused the death. These claims aim to hold healthcare providers accountable and provide support for funeral costs, emotional pain, and the loss of companionship.
Our firm focuses exclusively on birth injury cases, giving us the experience and understanding needed to handle these sensitive matters. Whether your child is living with a disability or you’re grieving a loss, we are here to fight for your rights and help secure your family’s future.
What Compensation Can You Recover In A Birth Injury Lawsuit
When a child suffers a birth injury due to medical negligence, the impact on a family can be devastating—financially, emotionally, and physically. Filing a birth injury lawsuit in Missouri allows families to seek compensation for both immediate and long-term needs.
Types of compensation include:
1. Economic Damages: These are measurable costs related to the injury. Families may recover compensation for:
- Medical expenses (past and future), including surgeries, therapy, and rehabilitation
- Assistive devices like wheelchairs, mobility aids, and specialized equipment
- In-home care or modifications to the home to accommodate the child’s needs
- Lost income if a parent must reduce work hours or stop working to provide care
2. Non-Economic Damages: These address the emotional and mental impact of the injury on the child and family, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of the child’s future earning potential
Missouri law sets limits, or “caps,” on non-economic damages in medical malpractice cases under Missouri Revised Statutes § 538.210. These caps are adjusted annually for inflation.
Filing Deadlines for a Birth Injury Lawsuit in Missouri
Birth injury lawsuits in Missouri fall under the state’s medical malpractice laws. Per RSMo § 516.105, these claims must generally be filed within two years of the negligent act.
However, there is an important exception for cases involving minors. Under RSMo § 516.170, the statute of limitations is “tolled” (paused) until the child reaches 21.
While this extended time frame gives families a chance to assess the long-term impact of a birth injury, it’s essential to act quickly. Evidence such as medical records and witness statements is easier to gather soon after the injury, and starting early gives your attorney more time to build a strong case.
At Buchanan, Williams & O’Brien, we work with families to understand Missouri’s unique deadlines and secure the compensation they deserve.
Why Hire A Birth Injury Lawyer In Springfield
An experienced birth injury lawyer in Springfield has the skills to investigate your case thoroughly. We gather professional testimony to substantiate claims, ensuring all evidence is professionally presented. This strategic approach improves the chances of securing rightful compensation.
Local knowledge also matters. Our familiarity with Missouri laws and Springfield courts enables us to navigate the complexities efficiently. Partnering with a Springfield-based firm assures you we have the home-ground advantage in understanding local legal nuances.
Our firm, Buchanan, Williams & O’Brien, has over 40 years of experience. Our long-standing reputation for compassionate and effective advocacy is well-regarded. Knowing the local environment helps us better address your needs, ensuring personalized legal strategies.
Navigating a birth injury claim involves many legal steps. From liaising with medical professionals to negotiating with insurance companies, our injury attorneys confidently manage the process.
Choosing a local legal professional in Springfield enhances your ability to receive precise advice tailored to the Missouri jurisdiction.
How Buchanan, Williams & O’Brien Can Help
At Buchanan, Williams & O’Brien, we focus on personal attention and robust representation, making our clients feel heard and supported.
Compassion is at the heart of our practice. We offer a free consultation to discuss your case in detail. From there, our process includes thoroughly reviewing medical records and professional evaluations to build a strong foundation. Whether it leads to filing a claim or going to trial, our representation is unwavering and comprehensive.
Communication is key. We ensure transparency in every step, from negotiation to possible trial. Our client-first approach means you’ll be informed and comfortable with the legal proceedings. Due to our diversified experience in personal injury law, we are well-equipped to assist with other injury claims and birth injuries.
Relying on experienced advocates who prioritize your needs can make all the difference in navigating legal challenges.
Contact Buchanan, Williams & O’Brien – Your Springfield Birth Injury Advocates
Are you facing the devastating aftermath of a birth injury? We understand the emotional and financial challenges that accompany such a life-altering event.
Our Buchanan, Williams & O’Brien team is dedicated to providing support and guidance through this difficult time.
We offer free, no-obligation consultations to discuss your case and potential options. With over 40 years of experience, we’ve been successful in helping clients in Springfield, Missouri, and beyond.
We operate on a contingency fee basis. This means you won’t pay any fees unless we secure a win for your case. Our commitment is to secure the compensation you deserve.
For personal and compassionate legal assistance, reach out to us today.
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