Justice for Children With Birth Injuries
Helping Families Get The Compensation They Need
A history of record-setting verdicts. Contact Us
Record SettingVerdicts
View All Results-
$17 Million
Birth Injury
Negligence by nurses and hospital staff in failing to assess the position of the baby, improper use of Pitocin, and failing to obtain an assessment by physician, resulting in severe oxygen deprivation and brain injury to the baby.
-
$13.2 Million
Birth Injury
A newborn suffered brain damage due to improper administration of Pitocin, failure to monitor preeclampsia and failure to perform timely c-section.
-
$6.6 Million
Birth Injury
Severe brain injury to a baby. Failure to monitor high-risk mother for pre-eclampsia, failure to recognize fetal distress, failure to monitor resident doctor students, and failure to perform a C-section.
-
$4.6 Million
Birth Injury
Hospital found negligent in failing to take action to stop labor at 32 weeks gestation. Misuse of forceps. Failure to perform C-section.
What Is A Birth Injury?
A birth injury refers to any harm or damage sustained by an infant during the process of childbirth or delivery. These injuries can be physical and/or neurological and can result from a variety of factors, including medical complications, difficult labor, or errors made by healthcare providers during delivery. Birth injuries can differ in severity and may lead to both short-term and long-term consequences for the affected child.
Remember, there is a difference between birth injuries and birth defects. Genetic or environmental factors typically cause birth defects during pregnancy and are not related to the birth process itself.
If a birth injury occurs, timely and appropriate medical intervention is crucial to minimize the impact and provide the best possible care for the affected infant. In some cases, birth injuries can be preventable, and healthcare providers have a responsibility to follow proper protocols and standards of care to reduce the risk of harm during childbirth. Legal action may be pursued in cases where negligence or medical malpractice is suspected as a cause of the birth injury.
Determining the Cause of Your Child's Birth Injury: Forensic Investigations:
A forensic investigation of a birth injury is a scientific inquiry that looks at the facts of what happened before, during, and immediately after your child’s birth to determine the most probable cause of your child’s injuries. We’re qualified to do this because we have lawyers and doctors. Over the past 40 years, we have conducted thousands of such investigations. We’ve collected millions of dollars to help families get the necessary resources to care for their children.
Common Examples of Medical Negligence Leading to Birth Injuries
Here are some examples of the types of medical negligence that can lead to your child having cerebral palsy, brain injury, brachial plexus injuries, or other significant birth injuries:
- Failing to recognize the baby was in fetal distress
- Failing to act when a fetal heart monitor warns the baby is in distress
- Failing to order a timely emergency cesarean section
- Improper use of forceps
- Improper use of vacuum extractors
- Improper use of Pitocin
- Failing to act when the mother has preeclampsia or high blood pressure
- Failing to act when the mother has low blood pressure
- Failing to act when the mother has toxemia
- Failing to act when there is a dangerous infection
- Failing to manage prolonged labor properly
- Failing to manage a breech delivery properly
The Importance of Early Investigation in Birth Injury Cases
Another essential reason to contact a birth injury attorney early to investigate birth injury cases is to preserve the evidence in your case before it is lost, altered, or destroyed. An early investigation can sometimes be vital to proving and winning your case. In some cases, there are medical tests that should be done when the baby is a newborn that would help determine what happened.
Contact Cullan & Cullan - KC, today to meet with our birth injury lawyer in Kansas City!
Nationally Recognized
Testimonials
-
"Simply the BEST!"
- C. Williams
-
"People helping People"
- James J.
-
"Do not go any further!"
- Lanielle J.
-
"We are able to get the treatment our son needs!"
- Eric H.
-
"I would give 100 stars on a 5-star scale if I could!"
- Mark P.
-
"They had my best interest at heart!"
- Deborah B.
-
"I can't thank them enough!"
- Brandon J.
-
"They genuinely care about their clients!"
- M.L.
-
"They helped my family through a very difficult time in our lives!"
- S.J.
-
"I trust them with every decision!"
- E.C.
Families We've Helped
-
""We knew these would be lifelong issues for our son. You have to advocate for your kids because no one else will do it. Cullan & Cullan knew what was going on and we knew they would be successful in helping us.""
-
Pat Cullan
M.D., J.D.
Medical Doctor
Lawyer
Of CounselDr. Pat Cullan is a Medical Doctor and Trial Attorney who is nationally recognized for his success in fighting for catastrophically injured clients.
Pat Cullan's Bio -
Pat Cullan
M.D., J.D.
Medical Doctor
Lawyer
Of CounselDr. Pat Cullan is a Medical Doctor and Trial Attorney who is nationally recognized for his success in fighting for catastrophically injured clients.
Pat Cullan's Bio
The doctor lawyer Difference
-
A Doctor-Lawyer Oversees Every Case -
We Limit the Number of Cases We Take On -
Over $350 Million Recovered for Our Clients -
You Get Direct Access To Our Lawyers -
You Don’t Pay Unless We Win
Seeking Justice
For preventable birth injuries
Doctors, nurses, midwives, and other healthcare providers have a legal duty to monitor your pregnancy and delivery, and take appropriate steps to protect the health of you and your baby. The “appropriate steps” are what’s called the “standard of care,” the rules about what should and should not to be done to ensure that your baby is delivered safely. Doctors and nurses have a duty to be knowledgeable and attentive and must recognize known potential birth complications to prevent injury.
Sometimes a baby can be injured even when the appropriate steps were taken. But when your child’s injuries happen because of negligence, that’s medical malpractice, and the doctor, nurse, hospital, or other healthcare provider should be held accountable – along with their insurance company.
You are required to have auto insurance, homeowner’s insurance, and business insurance. You would want your insurance company to pay for the harm you caused if you made a terrible mistake and hurt someone. Likewise, under the law when a hospital, doctor, or nurse violates the rules of medicine, their insurance companies should pay for your child’s medical bills, lost future wages, disfigurement, pain and suffering, and other damages.
FAQ
Do I Have a Deadline to File a Birth Injury Lawsuit?
The law sets absolute deadlines, called statute of limitations, for filing notice of claims and/or lawsuits for medical malpractice in birth injury cases. If you miss these deadlines you lose your right to sue – forever. The deadlines vary a great deal from state to state. For example, the laws in Kansas are drastically different than those in Missouri. The law are also different for the minors claim and the parents claim. They are also different if the malpractice caused a death. These deadlines are also subject to change. Every year legislators talk about changing these deadlines.
Bottom line—protect your rights. It is extremely important that you contact a Kansas City birth injury lawyer attorney for assistance in determining what the statute of limitations is in YOUR case. The first time you have a feeling that your child’s injury or your injury may have been caused by medical malpractice, take action. Get in touch with an actual birth injury lawyer – not just any lawyer and find out not only about your rights and your child’s rights, but your deadline for doing something about it.
What Resources Are Available To Help My Child?
If you believe your child has suffered a birth injury due to medical negligence, it is important to discuss your situation with an experienced legal professional. At Cullan & Cullan, our Kansas City birth injury attorneys can help you determine what the best course of action is for you and your child and provide you with the information and resources you need to cope during this difficult time.