Filing a birth injury lawsuit in Missouri is often more complicated than filing a standard medical malpractice claim. These cases are emotionally overwhelming and legally distinct, requiring additional documentation and careful medical review. At Simon Law, our team helps women and children injured during childbirth navigate this complex process and pursue justice.
Why Families Hesitate to Seek Legal Help
According to Mary Simon, birth injury attorney at Simon Law, almost every potential new client coping with a childbirth-related injury says the same thing to her during their first conversations:
“I’m unsure if I should be calling you, but this shouldn’t have happened.”
And Simon says she has a similar response to anyone doubting their decision to call her:
“One of the bravest things a person can do is to advocate for themselves when they believe they or their loved ones have been harmed by someone else. This sentiment is common across various cases, particularly in birth injury situations, where the labor and delivery experience can feel overwhelming.”
Simon urges individuals to reach out, even if they are uncertain whether their experience constitutes malpractice.
“I reassure potential clients that reaching out was the right choice, and, at the very least, we will review their records together and address as many questions as possible.”
Common Patterns in Birth Injury Cases
Simon says every birth injury case is unique, but they have some commonalities.
“A common thread among them is that either the infant or the mother has suffered severe, lasting injuries due to negligence during labor and delivery — or sometimes during pregnancy,” she said. “In pursuing a birth injury case, my role is to prove that a medical professional failed to meet the standard of care and that this failure contributed to the injuries sustained by the baby.”
Simon is tasked with determining what went wrong, identifying those responsible, and assessing the full extent of the victims’ damage.
The Emotional Impact of Birth Injury Cases
A notable characteristic of birth injury cases is the considerable emotional burden.
“The well-being of a newborn is paramount to any parent,” Simon said. “Not only are they pursuing a case for their child, but they are simultaneously dealing with the consequences of a negligent action.”
Why Birth Injury Lawsuits in Missouri Require an Extra Step
In Missouri, getting justice in civil courts when birth injuries occur has another step that not many people know, Simon said.
“Many people don’t realize that you can’t simply file a medical malpractice lawsuit in Missouri. You need an affidavit of merit, which is a statement from a doctor in the same or a similar specialty as the medical professional you’re suing.”
“This affidavit must confirm that there was a breach of the standard of care. It’s not up to the lawyers to make this determination. An expert in the field assesses it.”
This affidavit must confirm that a breach in the standard of care occurred. It’s a legal requirement meant to filter out non-meritorious claims, but for victims of real medical malpractice negligence, it adds a layer of difficulty to an already painful process.
How Simon Law Helps Families Affected by Medical Negligence
At Simon Law, we assist our clients in understanding the complexities of birth injury cases and in gathering the expert testimony required to meet Missouri’s legal standards. We guide families through medical record review, help determine if negligence occurred, and pursue legal accountability for the harm done.
If you or your child has been affected by a birth injury, contact Simon Law today for a free consultation. We’re here to help you understand your options and seek justice.
