What’s Your Case Worth? (877) 541-1203
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.
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.
When a medical team fails to respond correctly to delivery room challenges, a number of injuries may occur. Some of the most common include:
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:
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.
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.
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.
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.
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.
These are the specific, calculable financial losses your family has faced and will continue to face. A thorough claim will account for:
This category addresses the non-financial impact of the injury, which is just as real. It includes compensation for:
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.
A dedicated legal team handles every aspect of building the case, from start to finish. Here’s what that process typically looks like:
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.
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.
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.
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.
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.
