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Birth injuries caused by medical negligence can have lifelong consequences for children and families across Kansas City and Jackson County. These are often the result of medical professionals failing to monitor, respond, or act in time during labor and delivery. Families on the East Side, Ivanhoe, and in underserved Kansas City communities are among the most underserved when it comes to advocacy after a medical failure. TopDog fights to get you every dollar your child deserves.
Truman Medical Center, Children's Mercy Hospital, and Advent Health Kansas City deliver thousands of babies across the Kansas City metro each year. We know these facilities, the standards they are held to, and how to hold them accountable when a birth goes wrong. Those failures cause real damage to children and Kansas City families and we fight to secure the future every child deserves.
Hospital systems and their insurers across Kansas City often use delay and denial tactics and work to make families feel like they have no case. Missouri's healthcare affidavit requirement means the legal process must begin immediately. Truman Medical Center and government-affiliated hospital cases require Tort Claims Act notice. We know how to leverage the justice system in Missouri courts to fight for your child's future.
IMPORTANT NOTE — § 516.170 Does NOT Apply: Missouri's general minor tolling statute (RSMo § 516.170) — which tolls the SOL until age 21 for general PI claims — does NOT apply to medical malpractice. This was confirmed by the Missouri Supreme Court in Batek v. Curators of Univ. of Mo. (Mo. banc 1996). Birth injury malpractice is governed solely by RSMo § 516.105(3).
Statute of Limitations for Minor (Medical Malpractice): Because birth injuries are medical malpractice, Missouri's specific medical malpractice statute governs — RSMo § 516.105. For a minor injured by malpractice, the deadline is the child's 20th birthday (RSMo § 516.105(3)) OR 10 years from the date of the negligent act — whichever is LATER.
Practical Urgency: Even though the law gives until the child's 20th birthday, families should act as early as possible. Medical records can be lost or destroyed. Witnesses move. Evidence of what happened during labor and delivery is clearest in the immediate aftermath. Acting early gives you the strongest possible case.
Wrongful Death from Birth Injury: If a birth injury caused the death of a child, the wrongful death SOL of 3 years from the date of death applies — RSMo § 537.100.
Comparative Fault: Pure comparative fault — RSMo § 537.765.
This is a brief summary of commonly applied laws in the jurisdiction. There are often different laws that apply to different circumstances. Once you hire TopDog, your attorney will advise you on the applicable laws.
Insurance companies for hospitals may make early low offers and often use delay and denial tactics to make families feel like they have no case. Missouri has no statutory cap on non-economic damages in birth injury cases — lifetime care costs, pain and suffering, and lost earning capacity are all fully recoverable. TopDog fights for the maximum recovery available.
Birth Injury | $7,210,714 avg | $19,200,000+ highest
Recoveries by TopDog Law and its co-counsel. Past results do not guarantee similar outcomes in your case.
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Call us or fill out our form — getting started takes about 5 minutes. Tell us what happened. We'll review your information and get back to you fast to discuss your case. No pressure.
Get medical attention and document everything — your health comes first. Keep records of every doctor visit, every bill, every day you missed work or could not do what you normally do.
Do not talk to insurance without us. They may use delay, deny, and lowball tactics from the moment you pick up the phone. Anything you say can be used to reduce what you are owed. Let TopDog handle them.
Time Is Critical
Missouri's healthcare affidavit requirement and Tort Claims Act notice for government hospitals mean the process must begin immediately. Call TopDog now. This is a general summary — deadlines vary. Contact TopDog Law to confirm what may apply in your situation.
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