Overland Park Birth Injury Lawyer

Every second, a new life is brought into this world. For most families, it is a time of pure joy and excitement after months of anticipation. However, when something goes wrong, whether through errors during pregnancy or in the critical moments of the delivery room, that joy can turn into heartbreak.

At The Law Offices of Peter A. Jouras, Jr., we understand that you are navigating one of the most difficult times of your life. You likely have questions about your child’s future and whether the outcome could have been prevented. Our Overland Park birth injury lawyer is here to provide the answers and support you need.

When you hire our law firm, your family gets the attention it deserves. You will receive one-on-one attention from our experienced lawyer, and your case will be handled with care and expertise. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case.

While we are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we serve the entire Kansas City metropolitan area, including Kansas City, Missouri.

Contact us online today to schedule a free consultation or call us at (913) 677-1999.

Key Takeaways from Kansas and Missouri Birth Injury Claims

Birth injuries can occur during pregnancy, labor, or delivery and may range from temporary conditions to lifelong disabilities.
Birth injury cases often involve complex medical evidence, including records, expert opinions, and fetal monitoring data.
Common birth injuries include cerebral palsy, nerve injuries, brain injuries, fractures, oxygen deprivation, paralysis, and wrongful death.
Liability may extend to doctors, nurses, hospitals, anesthesiologists, or other medical providers involved in the birth.
In Missouri, birth injury claims usually must be filed within two years, but minors typically have until age 20 (with a general 10-year outer limit), while in Kansas, claims generally must be filed within two years of when the injury is reasonably discoverable, with limited extensions for minors.

How a Birth Injury Attorney Can Help You

When your child suffers a birth injury, the medical costs for their lifetime care can be overwhelming. An experienced Overland Park and Kansas City birth injury attorney acts as your family’s advocate, taking on the burden of the legal process so you can focus on caring for your baby.

We can help you by:

Conducting a thorough investigation into your case.
Gathering and analyzing all relevant medical records.
Consulting with independent medical experts to determine if the standard of care was breached.
Negotiating aggressively with insurance companies on your behalf.
Preparing your case for trial if a fair settlement cannot be reached.

What Makes the Law Offices of Peter A. Jouras, Jr. Different?

We know you have choices, but we believe our approach sets us apart. We are a small law firm by design, which means you will receive one-on-one contact with your attorney, not a case manager or inexperienced lawyer.

Personal Attention: We know that a birth injury malpractice case is more than just a legal battle; it carries a heavy emotional weight. We are committed to providing a supportive, empathetic environment where your family feels heard and understood every step of the way.
Decades of Focused Experience: Our founder, Peter A. Jouras, Jr., brings more than 25 years of dedicated experience as a personal injury attorney to your case. This extensive background means he has a deep understanding of the complexities of personal injury law and a proven track record of fighting for his clients.
No Financial Risk to You: Our firm operates on a contingency fee basis. This means you will not pay us any attorney fees unless we successfully recover money for you. You can pursue justice for your child without any upfront financial burden.
Serves All of KC: We are licensed to practice in both Kansas and Missouri, allowing us to proudly serve families across the entire Kansas City metropolitan area and beyond.

Common Types of Birth Injuries

Birth injuries can range from mild, temporary issues to severe, lifelong disabilities. According to data from Nurture KC, between 2012 and 2016, 662 babies were lost across the Kansas City metro area, averaging 11 babies every month. While not all are due to malpractice, these numbers highlight the fragility of newborn life.

Common injuries we see include:

Cerebral Palsy: Often caused by oxygen deprivation during birth.
Erb’s Palsy (Brachial Plexus Injury): Often resulting from shoulder dystocia or improper use of force during delivery.
Traumatic Brain Injury: Caused by external force or lack of oxygen.
Bone Fractures: Often caused by difficult deliveries.
Delayed Emergency C-Section: Can lead to serious complications for both mother and baby.
Hypoxic Ischemic Encephalopathy: Caused by a lack of oxygen to the baby’s brain, potentially resulting in permanent damage.
Paralysis: Can result from nerve or spinal cord injuries during delivery.
Wrongful Death: Tragic outcomes caused by preventable errors during childbirth.

Who Can Be Held Liable in Birth Injury Cases?

Responsibility for a birth injury often extends beyond a single individual. In Kansas and Missouri birth injury malpractice cases, liability may fall on:

Obstetricians and Surgeons: For surgical errors or failure to recognize distress.
Nurses: For failure to monitor the baby or communicate issues to the doctor.
Hospitals: For inadequate staffing, faulty equipment, or negligent hiring practices.
Anesthesiologists: For errors in administering medication during labor or C-sections.

What Has to Be Proven in Birth Injury Claims?

It can be hard to prove a medical malpractice case. Not all bad outcomes will be considered malpractice. To pursue a successful claim, our Overland Park birth injury attorney must establish four key elements:

Duty of Care: A doctor-patient relationship existed.
Breach of Duty: The healthcare provider failed to meet the accepted medical standard of care (negligence).
Causation: That specific breach directly caused the injury to the mother or child.
Damages: The injury resulted in quantifiable physical, emotional, or financial harm.

Compensation Available for Birth Injury Victims in Kansas and Missouri

The goal of a birth injury claim is to make the child and family “whole” again, as much as financial support allows. Compensation typically covers:

Economic Damages

Past and future medical bills
Costs for physical therapy and rehabilitation
Expenses for live-in caregivers
Home modifications
Special education needs

Non-Economic Damages

Compensation for pain and suffering
Loss of enjoyment of life
Emotional distress
Disfigurement and scarring

Wrongful Death Damages

Medical bills incurred before death.
Funeral and burial expenses.
Loss of:

Financial support.
Services provided by the deceased.
Companionship, acknowledging the personal and economic void left behind.

Kansas and Missouri Claim FAQs

How Long Do I Have to File a Birth Injury Claim in Kansas and Missouri?

In Missouri: Generally, actions must be brought within two years from the date of the negligence. However, there are exceptions for minors. Under Missouri Revised Statute 516.105, a minor less than 18 years of age has until their 20th birthday to bring an action, though no action can generally be brought more than ten years after the act of neglect.
In Kansas: The general statute of limitations is also two years. Under Kansas Statute 60-513, the time limit generally begins when the injury is readily ascertainable.

Is a Bad Medical Outcome the Same as Birth Injury Malpractice?

No. Sometimes, despite the best efforts of a medical team, a birth results in a bad outcome due to unavoidable complications or genetic factors. However, birth injury malpractice cases occur when the bad outcome was preventable and caused by a medical error or failure to act.

What Types Of Evidence Are Important In A Birth Injury Case?

Medical Records: Prenatal care notes, delivery room logs, and postnatal care records.
Expert Testimony: Opinions from medical professionals who can define the standard of care.
Witness Statements: Accounts from family members or medical staff present during the birth.

How Does Fetal Monitoring Data Contribute To A Birth Injury Claim?

Fetal monitoring strips are often the “black box” of a birth injury case. They track the baby’s heart rate and the mother’s contractions. This data can show if a baby was in distress (suffering from a lack of oxygen) and for how long. If the monitoring data shows clear signs of distress that the medical team ignored or failed to address with a C-section, it is powerful evidence of negligence.

Schedule Your Free Consultation with an Overland Park Birth Injury Attorney

If you suspect your child’s injury was caused by medical negligence, you deserve answers and a compassionate advocate by your side. Our Overland Park birth injury lawyer will take the burden off your family’s shoulders so you can focus on moving on.

Contact the Law Offices of Peter A. Jouras, Jr. today for a free consultation. We will listen to your story, answer your questions, and develop a plan forward. Schedule your no-obligation consultation today.

We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri.