Birth Injury Lawyer St. Louis
St. Louis Birth Injury Lawyers fighting for St. Louis and Missouri Newborns
When a birth injury happens because of the negligence of a doctor, this is known as medical malpractice. Doctors and Medical Professionals receive specialized training that allows them to make the correct decisions during the birth of a child, but unfortunately, the doctor or medical professional that you relied on did not. Because of their negligence, your child is now suffering because of a birth injury. Dealing with an issue as complex as a birth injury malpractice case can be intimidating when you aren’t aware of the laws and statutes surrounding a birth injury. To ensure that child receives the level of legal care and guidance that they deserve, you need a birth injury lawyer. The Birth Injury Lawyers of Dixon Law are prepared to fight on your childs behalf to ensure that you and newborn get the justice and recovery that you deserve for their birth injury claim.
When we get sick or injured, we trust in doctors because we believe what they tell us about or ailments. We believe that through their years of study and practice, that they will know best how to treat our illnesses and that they will have our best interests in mind when it comes to the proper medical care for our illnesses. When a doctor’s training is complete, they must take an oath known as the Hippocratic Oath, in which they state that they will prescribe only beneficial treatments according to their abilities and judgments, that they will refrain from causing harm or hurt, and that they will live an exemplary personal and professional life.
Unfortunately, this isn’t always the case. When your child was injured during their birth because and developed a birth injury, your child and your family deserve to be compensated for those injuries. No birth injury should ever go unchallenged, and our birth injury attorneys are prepared to fight on behalf of you or your loved one. We understand how families suffer because of birth injuries, and we are dedicated to ensuring that child is properly cared for throughout the birth injury malpractice case.
What can Cause a birth Injury?
The delivery of a child can be a chaotic and incredible moment, but if the correct precautions aren’t taken, the delivery and birth can quickly turn into a nightmare. Any injury a child receives at birth can be a serious and traumatic injury that can cause lasting medical issues. Here are several ways a child can sustain a birth injury:
- Delayed C-Section
- Infections arrising from Medical Care that transfer from the mother
- Infections arising from prenatal care that cause complications during birth
- Cranial Nerve Injury cause by forceps
- Bone injuries from traumatic birth
- Spinal Cord Injury from twisting or compression of spine
- Failure to respond to fetal distress
- Incorrect use of delivery instruments before during or after birth
- Improper dating leading to a premature birth or late birth
- Misjudging of Child’s size
The birth of a child should be a joyous time, but when a physician or their staff members cause an injury to your child during your child’s birth, those injuries can have lasting and detrimental effects. It is important to speak with our birth injury lawyers as soon as possible to ensure that your child and your family are taken care of.
What Complications can arise because of Birth Injuries?
When a birth injury happens, the health defects that can arise because of the injury depend on the severity of the injury, where the injury occurred, and what steps were taken to correct the injury after it occurred. Here are several complications that can arise from a birth injury:
- Kernicterus – A type of brain damage that occurs in a child born with severe jaundice. This birth injury occurs when bilirubin, a substance in the blood, builds to incredibly high level and spreads to the brain tissues. This type of injury can lead to learning disabilities, hearing loss, movement problems, and even deafness and eye problems.
- Traumatic Brain Injury – This injury can be caused by the forceful use of triceps or a vacuum device when removing the child from the birth canal. Brain injuries can cause a multitude of learning disabilities, loss of motor functions and loss of control over other bodily functions.
- Cerebral Palsy – Caused by injuries to the brain during birth, this is one of the most serious complications that can come from a birth injury. Cerebral Palsy affects a child’s ability to control voluntary movement and coordination.
- Erbs Palsy – This type of medical condition is caused by damage to the brachial plexus, a group of nerves through the neck, armpit and the arm. This injury can be caused by the doctor twisting the child to remove them from the birth canal. If a child is too large for normal birth, a C-section operation should be performed for the safety of the child.
- Developmental Delay – Injuries sustained during birth can be incredibly traumatic to the future of the child.
Injuries to the brain or to the child’s nervous system can cause developmental delays that can cause further health complications as they continue to grow and develop.
Why should you choose the Birth Injury Attorneys of Dixon Law to Represent your childs Birth Injury Claim?
The time allowed under Missouri law to file a Birth Injury Malpractice lawsuit is limited. Generally, a birth injury case must be filed within two years of the date of occurrence. If the birth injury claim involves a foreign object that was left in the body, the suit must be filed within two years of when the object was discovered.
If your child dies as a result of the birth injury, Missouri law requires that the wrongful death lawsuit be filed within three years of the death.
Within 90 days of filing a birth injury lawsuit in Missouri, the plaintiff must file an expert affidavit stating that a written opinion has been obtained from a legally qualified healthcare provider regarding the defendant’s negligence. The expert must conclude that the defendant failed to use such care as a reasonably prudent and careful healthcare provider would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition (RSMo. Section 538.225 ).
Compensation available in birth injury lawsuits is often divided into compensatory damages and punitive damages. Compensatory damages typically cover such items as past and future medical expenses, lost income and pain and suffering. Punitive damages are awarded in cases in which the defendant’s conduct is considered willful, wanton or malicious.
We offer free consultations to all birth injury victims and the families of those wrongfully killed. To discuss your case, contact Chris Dixon and the Birth Injury Malpractice Attorneys of Dixon Law as soon possible to prevent evidence from being lost or destroyed. Our birth injury attorneys are standing by 24 hours a day, 7 days a week by calling 314-409-7060, or Toll-Free at 855-402-7274.