Home » Birth Injury » Missouri Birth Injury Lawyer » Kansas City, MO Birth Injury Lawyer

Kansas City, MO Birth Injury Lawyer

If a medical professional’s error during labor or delivery in Missouri caused your child’s injury, you have the right to seek financial support. The costs of lifelong care, adaptive equipment, and specialized therapies are astronomical, and you shouldn’t have to pay out of pocket to cover someone else’s negligence.

At TopDog Law, we connect families with an experienced Kansas City, MO birth injury lawyer who focuses specifically on these sensitive and demanding cases. A local attorney helps you understand what happened and what your options are.

To get answers, call (816)451-4669 for a no-cost, confidential case evaluation.

If You Want Help... Call Us

It costs absolutely nothing to see if you have a case

What Exactly Is a Birth Injury?

You might hear the terms “birth injury” and “birth defect” used interchangeably, but from a legal and medical standpoint, they are entirely different.

Simply put, the difference comes down to timing and cause.

A birth defect is a health condition that develops while the baby is in the womb. These typically stem from genetic or environmental factors and are not caused by the birthing process itself.
A birth injury, on the other hand, is damage that happens to a newborn during labor or delivery. Many of these injuries are preventable and occur because a medical professional failed to provide the appropriate standard of care.

What Are Common Types of Preventable Birth Injuries?

When a medical team fails to respond correctly to delivery room challenges, a number of injuries may occur. Some of the most common include:

Cerebral Palsy: This is not a single condition, but a group of disorders affecting a person’s ability to move, maintain balance, and hold their posture. In some birth injury cases, cerebral palsy is caused by a lack of oxygen to the baby’s brain during a difficult or mismanaged delivery.
Brachial Plexus Injuries (Erb’s Palsy): This injury involves damage to the network of nerves that control the arm and hand. It frequently happens when a baby’s shoulder gets stuck behind the mother’s pubic bone during delivery—a condition called shoulder dystocia—and the doctor applies excessive force, stretching or tearing the nerves.
Hypoxic-Ischemic Encephalopathy (HIE): This is a type of brain damage that happens when the brain is starved of oxygen or blood flow for a period of time. It can be caused by umbilical cord problems, placental issues, or a failure to perform a C-section in a timely manner when the baby is in distress.
Facial Paralysis: If a doctor applies too much pressure to the baby’s face during birth, often from the improper use of forceps, the facial nerves can be damaged, leading to paralysis on one side of the face.
Cephalohematoma: This is bleeding that occurs under a newborn’s cranial bones. It is commonly caused by the misuse of delivery-assistance tools like forceps or a vacuum extractor.

Was Your Child's Injury Preventable? Identifying Medical Negligence

Not every bad outcome is the result of medical negligence. However, many birth injuries are directly linked to a medical professional’s failure to act appropriately when faced with challenges during labor and delivery. The key is determining whether the provider’s actions—or lack thereof—fell below the accepted standard of care.

Common examples of medical errors that can lead to a birth injury include:

Failure to Monitor Fetal Distress: Doctors and nurses have a duty to continuously monitor the baby’s heart rate for signs of distress. Misinterpreting these readings or failing to act on them quickly can lead to oxygen deprivation and brain damage.
Delayed Cesarean Section: When a baby is in distress or labor is not progressing, a C-section may be necessary to ensure a safe delivery. An unreasonable delay in ordering and performing this surgery can have devastating consequences.
Improper Use of Delivery Tools: Instruments like forceps and vacuum extractors can be helpful when used correctly. When used with excessive force or improper technique, they can cause skull fractures, nerve damage, and bleeding in the brain.
Mismanagement of a High-Risk Pregnancy: Certain conditions, like gestational diabetes or preeclampsia, require specialized monitoring and care. A failure to properly manage these risks can endanger both mother and child.

If you suspect any of these factors contributed to your child’s injury, it is worth having the case reviewed by a legal professional who understands these specific medical issues.

Practice Areas

How Is a Birth Injury Claim Proven in Missouri?

To secure compensation for your child, a lawyer must do more than show an injury occurred. Under Missouri law, they must build a case that clearly demonstrates the injury was a direct result of a healthcare provider’s negligence. This involves proving four distinct elements.

A Duty of Care Existed: This is the simplest part. When you are admitted to a hospital for delivery, a doctor-patient relationship is formed. This automatically establishes a legal duty for the medical team to provide you and your baby with competent care.
The Duty Was Breached: This is the core of the case. Your lawyer must show that the doctor or medical staff’s actions fell below the accepted “standard of care.” This legal concept simply means the level of skill and care that a reasonably competent medical professional in the same field would have provided under similar circumstances.
The Breach Caused the Injury: Your legal team must draw a direct line from the medical provider’s mistake to your child’s injury. The defense will often argue the injury was unavoidable or had another cause. Proving this link requires strong evidence and testimony from medical experts.
The Injury Resulted in Damages: Finally, the injury must have caused actual harm for which financial support is needed. This includes things like medical bills, the cost of future care, and the impact on your child’s quality of life.

The Affidavit of Merit Requirement

Missouri has a specific procedural rule designed to filter out frivolous lawsuits. Within 90 days of filing a claim, your attorney must submit an “Affidavit of Merit.” This is a sworn statement from a qualified healthcare professional who has reviewed your child’s medical records and confirms two things: they believe the standard of care was breached, and this breach caused your child’s injury. A lawyer handles this entire process to ensure all legal requirements are met.

What Is the Timeline for Filing a Birth Injury Lawsuit in Kansas City?

Every state sets a firm deadline for filing medical malpractice lawsuits, known as the statute of limitations. Missing this deadline means you lose the right to pursue compensation, regardless of how strong your case is.

In Missouri, the law is particularly strict. Generally, a medical malpractice claim must be filed within two years of the date the negligent act occurred. This is outlined in Missouri Revised Statutes Section 516.105.

However, the law makes an important exception for children. When the injured party is a minor, the deadline is extended. A claim can be filed on behalf of the child anytime up until their twentieth birthday. Because these deadlines can be interpreted differently depending on the specifics of a case, it is always best to consult with a lawyer to confirm the exact timeline that applies to your situation.

What Financial Support Can a Lawsuit Provide for Your Child's Future?

While no amount of money reverses what happened, a successful legal claim aims to provide the financial security your child needs to thrive.

This financial support is typically broken down into two main types.

Economic Damages: The Tangible Costs

These are the specific, calculable financial losses your family has faced and will continue to face. A thorough claim will account for:

Medical Expenses: All costs for hospital stays, surgeries, doctor visits, medications, and any necessary equipment like wheelchairs or communication devices.
Therapy and Rehabilitation: The ongoing costs of physical, occupational, and speech therapy needed to help your child reach their full potential.
Lost Earning Capacity: If the injury will prevent your child from working as an adult, this compensates for the income they would have earned over a lifetime.
Home and Vehicle Modifications: The cost of making your home accessible with ramps, lifts, or wider doorways, as well as specialized transportation.

Non-Economic Damages: The Human Cost

This category addresses the non-financial impact of the injury, which is just as real. It includes compensation for:

Pain and Suffering: For the physical pain and emotional distress the child endures due to their condition.
Loss of Enjoyment of Life: For the diminished ability to participate in and enjoy life’s activities.

A Note on Missouri’s Damage Caps

Missouri law places a limit, or cap, on the amount of non-economic damages that can be awarded in medical malpractice cases. These caps are adjusted each year for inflation. For 2025, the cap for a non-catastrophic injury is projected to be around $473,445, while the cap for a catastrophic injury is projected to be around $828,529. An experienced lawyer can explain how these limits might apply to your case and will work to pursue the maximum total compensation available under the law.

How a Lawyer Builds a Case for Your Family

A dedicated legal team handles every aspect of building the case, from start to finish. Here’s what that process typically looks like:

Step 1: The Free Consultation. It all starts with a conversation. You tell your story, and the legal team listens. They will ask questions to understand the situation and determine if there might be grounds for a case.
Step 2: Gathering All the Evidence. If you move forward, your legal team will immediately begin collecting every relevant document. This includes your child’s complete medical records, fetal monitoring strips, hospital policies, and any other information that sheds light on what happened during the delivery.
Step 3: Analysis by Medical Experts. A lawyer cannot prove medical negligence alone. They rely on a network of qualified medical professionals—doctors, nurses, and specialists—who will review the records to determine if the standard of care was breached. Their expert opinions form the backbone of the case.
Step 4: Creating a Life Care Plan. To understand the full financial impact, your team will work with specialists to create a detailed life care plan. This document outlines every anticipated medical and non-medical need for your child’s entire life, from therapies and surgeries to assistive technology and special education, and calculates the total cost.
Step 5: Negotiation and Litigation. Armed with this evidence, your lawyer will demand fair compensation from the hospital’s and doctor’s insurance companies. Many cases are resolved through a settlement at this stage. If the insurers are unwilling to offer a fair amount, your lawyer must be prepared to present the case to a jury at trial.

What Should You Be Doing Right Now?

While your lawyer manages the legal process, there are a few simple things you should do to help protect your child’s rights and strengthen a potential claim.

DO keep a detailed journal. Write down everything you remember about the labor and delivery. What did the medical staff say? When did you first feel something was wrong? Also, keep a daily log of your child’s symptoms, appointments, and the ways the injury affects your family.
DON’T post on social media. It is best to avoid sharing details about your child’s condition or any potential legal action online. Insurance companies actively look for social media posts they can use to downplay the severity of an injury.
DO organize your paperwork. Keep a file for every bill, test result, and insurance statement related to your child’s care. This documentation will be invaluable to your legal team.
DON’T sign anything from an insurer. You may be contacted by a hospital representative or an insurance adjuster. Do not sign any documents or accept any offers without having a lawyer review them first. You could accidentally sign away your right to pursue the full compensation your child needs.

Frequently Asked Questions About Kansas City Birth Injury Claims

Will we have to sue our own doctor?

While a claim is brought against the medical professionals whose actions caused the injury, it is their insurance companies—not the individuals themselves—who handle the defense and pay any settlement or verdict. The goal is to hold the system accountable and secure your child's future, not to personally punish a doctor.

How does a case work if the hospital is in Kansas but we live in Missouri?

The Kansas City metro area spans two states, each with different laws for medical malpractice. A lawyer who practices in this region will analyze the specifics of your case—where the care was provided and where the providers are based—to determine the correct state in which to file the claim.

What is the difference between a settlement and a trial verdict?

A settlement is a negotiated agreement between you and the defendants' insurance companies to resolve the case for an agreed-upon amount of money, without going to court. Most cases end in a settlement. A trial verdict is a decision made by a judge or jury after hearing evidence from both sides in a courtroom. If the insurance company refuses to offer a fair settlement, a trial may be necessary.

Securing Your Child's Future

Your child’s well-being is all that matters. When a preventable medical error threatens their future, taking action is about ensuring they have the resources needed for a lifetime of care and opportunity.

The first step is simply getting information. TopDog Law will connect you with a local Kansas City, MO personal injury lawyer who will listen to your story, review what happened, and explain your options in a clear, straightforward way.

For a free, confidential consultation, call (816)451-4669 today.

What’s Your Case Worth? 844-576-2116