Kansas Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

When a medical mistake during childbirth causes harm, families have legal rights. Birth injuries caused by medical negligence can require expensive and long-term treatment. Kansas birth injury lawyers help families file lawsuits to seek compensation for their child’s lifelong care. Find out if you can work with a top Kansas birth injury attorney to get the justice your family deserves.

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Working With a Birth Injury Lawyer in Kansas

Kansas birth injury lawyers are personal injury attorneys who help families seek justice for harm caused by medical malpractice during childbirth.

Compensation awarded in birth injury lawsuits is meant to cover the cost of treatments, surgeries, therapy, medications, and other expenses related to the lifetime care your child needs.

The birth injury lawyers in our network have helped families in Kansas and nationwide recover over [reusable-data id="16570" label="Total BI Compensation"] for birth injuries.

Our partner Kansas birth injury law firms can help families in:

  • Derby
  • Dodge City
  • Emporia
  • Garden City
  • Hutchinson
  • Kansas City
  • Lawrence
  • Leavenworth
  • Leawood
  • Lenexa
  • Manhattan
  • Olathe
  • Overland Park
  • Salina
  • Shawnee
  • Topeka
  • Wichita
  • Other cities & towns

If you suspect your child’s birth injury could have been prevented, don’t wait. See if you can work with a top Kansas birth injury attorney by getting a free case review right now.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

About Medical Negligence in Birth Injury Cases

Unfortunately, birth injuries are often caused by mistakes made by medical professionals during childbirth and delivery. In this situation, it is known as medical negligence.

Families affected by birth injuries (sometimes called birth trauma) may be able to file a medical malpractice claim against the health care professional or hospital responsible.

Examples of birth injury medical malpractice include:
  • Failing to perform a medically necessary cesarean section (C-section)
  • Ignoring signs of oxygen deprivation (hypoxia)
  • Misusing assistive delivery tools such as forceps or vacuum extractors
  • Not monitoring or recognizing the signs of fetal distress
  • Using excessive force when pulling the baby through the birth canal

If your baby was harmed, a skilled Kansas birth injury attorney can help determine whether medical malpractice caused their injury.

Types of Cases Kansas Birth Injury Attorneys Handle

An experienced Kansas birth injury lawyer takes on various types of cases for families seeking financial compensation for medical malpractice.

Kansas birth injury attorneys handle cases such as:

If your child has suffered any of these injuries and you believe the harm could have been prevented, you may have legal rights.

Call the Birth Injury Justice Center at (800) 914-1562 right now to find out if we can connect you with a top Kansas birth injury attorney.

Kansas Birth Injury Settlements and Verdicts

Almost all personal injury lawsuits are resolved through settlements, which means the parties resolve the claim in exchange for a specific amount of money. As a result, the lawsuit is closed.

Birth injury settlements allow families to access much-needed compensation without having to go to court. However, if a settlement cannot be reached, the lawsuit may go to trial for a verdict by a judge or jury.

Due to the lifelong harm birth injuries can cause, lawsuit payouts can equate to life-changing amounts of money.

Here are examples of recent Kansas birth injury lawsuit payouts:
  • $25.4 million for cerebral palsy caused by too much Pitocin (labor induction drug)
  • $4.72 million for a birth injury by a negligent obstetrician and nurses
  • $4.3 million for brain damage caused by lack of hospital procedures
  • $1.6 million for failure to respond to fetal distress

Each birth injury case is unique, and settlement agreements vary based on factors like the severity of the harm, the cost of medical bills, and more.

If your child was harmed, a Kansas birth injury attorney may be able to help you pursue a settlement or take your case to court if necessary.

Get started right now with a free consultation.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When to File a Birth Injury Lawsuit in Kansas

If you think your child’s birth injury could have been prevented, take action right away. Generally, contacting an experienced Kansas birth injury lawyer is often the best first step.

Laws called statutes of limitations place strict deadlines on how long you have to take legal action. After that, you could be forever barred from filing a lawsuit.

Here is a general guide on the Kansas statute of limitations that may apply. However, it’s essential to get legal help to make sure you know what rules apply to your case.

  • 2 Years

    KS Statute of Limitations for Birth Injuries

  • 2 Years

    KS Statute of Limitations for Infant Wrongful Death

Even if your child hasn’t been formally diagnosed, contact a Kansas birth injury lawyer. They can investigate what caused your child’s condition and tell you whether you could have a valid claim.

Consulting with a Kansas birth injury lawyer without delay is the best way to ensure you don’t miss your deadline to file a lawsuit and seek financial compensation.

Why Hire a Kansas Birth Injury Lawyer?

A Kansas birth injury lawyer can guide you through the state’s laws while handling all aspects of your birth injury lawsuit. As a result, you can focus on your child’s care and happiness.

Here are the most important ways Kansas birth injury lawyers can help:

  1. Free consultation: An experienced Kansas birth injury attorney can evaluate your situation to determine if you have a valid claim. Get a free case evaluation right now.
  2. Gather evidence: Your lawyer will collect important evidence for your case, like medical records, bills, and witness statements.
  3. File your lawsuit: With the right evidence, your lawyer will file your lawsuit according to Kansas law.
  4. Negotiate a settlement: Your attorney will handle all correspondence with the responsible medical providers’ legal team, aiming to get your family maximum compensation.
  5. Represent you at trial: If a settlement isn’t reached, your Kansas birth injury lawyer will fight for your family in court.

Your family should not be left to pay for the mistakes of health care professionals. A birth injury lawsuit can ensure you are compensated so your child gets the care they need.

What to Look for in a Kansas Birth Injury Lawyer

Choosing a lawyer while facing the stress and pain of a birth injury can feel overwhelming. However, here are some guidelines to help you know what to look for.

What to consider when looking for a Kansas birth injury lawyer:
  • Client testimonials: Look for positive feedback from clients who have had similar cases.
  • Communication skills: Select a lawyer who communicates effectively and keeps you updated on your case.
  • Experience in birth injury cases: Choose a lawyer with a strong background and successful track record in birth injury cases.
  • Knowledge of Kansas law: Ensure the lawyer is well-informed about Kansas medical malpractice laws.
  • Transparent fee structure: Understand their fees and ensure there are no hidden costs.

The Birth Injury Justice Center works with Kansas birth injury attorneys who have all of these qualities and more.

Get Help From a Kansas Birth Injury Attorney

Delivery teams are responsible for ensuring that children are born healthy and unharmed. When doctors, nurses, midwives, or hospitals do not uphold the standard of care and cause harm, it may be considered medical malpractice.

The consequences of birth injuries can be catastrophic for so many families, and the financial burden that comes with treatment can be far more than expected.

A Kansas birth injury lawyer may be able to help you access the compensation your family needs to provide quality care for your child.

Find out if you can work with a top Kansas birth injury lawyer by calling the Birth Injury Justice Center at (800) 914-1562 or by getting a free case review right now.

Kansas Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Kansas?

The statute of limitations on birth injury medical malpractice cases is two years in Kansas.

This means you have two years from the date the birth injury occurred to take legal action against the medical provider.

Therefore, it’s extremely important to file your birth injury claim as soon as possible.

What is the average birth injury payout in Kansas?

Nationwide, the average birth injury payout is $1 million. However, birth injury settlements and verdicts vary depending on factors such as medical expenses and the type and severity of the child’s injury.

Working with an experienced Kansas birth injury lawyer is the best way to find out what your case may be worth. See if we can connect you right now with a free case review.

Can you sue a hospital in Kansas after a birth injury?

Yes, you may be able to sue a Kansas hospital if their staff was negligent and it caused harm during childbirth.

You may also be able to sue the hospital for other reasons, such as failing to terminate a health care professional with a history of negligence or failure to perform background checks during hiring practices.

How do I know if a birth injury was caused by medical negligence?

Your child’s birth injury may have been caused by medical negligence if it could have been prevented.

A skilled birth injury lawyer can examine your child’s medical records and interview medical experts to help determine if your child’s injury was caused by a medical error.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Dumpa V, Kamity R. (2023, August 28). Birth trauma. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing. Retrieved June 2, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK539831/
  2. Kansas Office of Revisor of Statutes. (n.d.). 60-513. Retrieved June 2, 2024, from https://www.ksrevisor.org/statutes/chapters/ch60/060_005_0013.html
  3. Pregnancy, Birth & Baby. (2023, June). Birth injury (to the mother). Retrieved June 2, 2024, from https://www.pregnancybirthbaby.org.au/birth-injury-to-the-mother
  4. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved June 2, 2024, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687