Missouri’s statute of limitations on filing for a birth injury lawsuit is different from most other states. In general, parents have two years from the date of the injury, or two years from the date of discovery of injury to file a lawsuit regarding a birth injury. In the event that the injury isn’t discovered until later, the two-year extension only lasts until the child’s tenth birthday.
However, Missouri also offers children who were victims of birth injury, but whose parents were not able to file a lawsuit, a way to file on their own behalf. In this case, a child who turns 18 has two years, before their 20th birthday, to file a birth injury lawsuit on their own behalf.
Good Record Keeping
If a new adult will be filing a birth injury lawsuit on their own behalf, it is vital that excellent records were kept by the parents dating as far back as the pre-natal care. The care that was provided to the mother during her pregnancy and during the birth itself can establish that the symptoms being experienced today were not the cause of genetics or previous mistreatment, but rather directly related to the birth.
Records from the birth, the pediatric care directly after the birth, and all medical care that has been necessary since the birth, are also vital for pursuing a birth injury lawsuit in Missouri. In the cases where a new adult is presenting a case of birth injury on their own behalf, the records kept detailing the care throughout the years will help determine how large the settlement or ruling is.
OB Negligence Case
Missouri state law declares that it is unconstitutional to place a cap on the damages that can be received by a victim of birth injury. In 2015, two OBs were charged with alleged medical malpractice after a child was delivered with brain damage that caused seizures and hypoxic encephalopathy. The child will spend the rest of his life requiring expensive medical treatment.
The couple is seeking 15 million dollars to ensure that their son’s future treatment is paid for, as well as to reimburse them for the three years of treatment he’s endured so far. This case is still ongoing. Medical malpractice cases can be some of the most complicated lawsuits there are, extending for many years and going through many rounds of appeals. For this reason, many victims of birth injury choose to settle outside of court.
Without the proper documentation or filing time, succeeding in a birth injury lawsuit can be difficult. A Staunton, Missouri, family filed a birth injury lawsuit for their three-year-old daughter, who suffered a brachial plexus injury during birth. The family claimed that the doctors should have ordered a C-section due to the baby’s large size, rather than forcing her through the birth canal, causing the injury.
The judge dismissed the case after the doctor and healthcare team proved that this type of injury could have occurred in many other ways, and that the level of care the infant received after being delivered was of the highest standard.
Birth Injury Lawsuit Attorney
The right Missouri attorney, who specializes in birth injury lawsuits, will be able to help you present the proper documents to the court to prove the birth injury. Generally, documents from the pregnancy, birth, and pediatric care after the birth, are all necessary to prove that the injury was in fact avoidable and a result of malpractice. A lawyer can also assist in finding witnesses and other experts who can provide additional credibility to the case by testifying before the court.
Sources:
http://www.birthinjuryguide.org/2014/08/child-brachial-plexus-injury-appears-missouri-trial/
http://www.grgpc.com/Medical-Malpractice/Birth-Injuries-Labor-Complications.shtml
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/