Birth injury lawyer · St. Louis
Birth injury lawyer in St. Louis: when harm at birth may be malpractice
A birth injury may be malpractice in Missouri when care during pregnancy, labor or delivery fell below the accepted standard and caused harm to the baby or the mother. Many birth injuries happen despite good care. A child usually has until age 20 to file. Ask early which deadline applies to each claim.
When a birth injury may be malpractice
Most births in St. Louis go well. When something goes wrong, it is often no one’s fault. Some babies are born with conditions that no care could prevent.
A birth injury becomes a legal claim when two things are true (RSMo 538.210). The care fell below what careful providers in the same field would give. And that lapse caused harm to the baby or mother.
Birth cases are among the hardest to review. The records are long and technical. The key question is often what the team saw, and how quickly it acted.
Where problems can happen
PREGNANCY, LABOR AND DELIVERY
- During pregnancy. Missing signs of high blood pressure, diabetes, infection or a baby who is not growing well.
- During labor. Not reading or acting on the baby’s heart rate tracing. Delay in deciding on a C-section when signs called for one.
- During delivery. Using too much force, or using tools the wrong way. Not handling a baby whose shoulder is stuck.
- After birth. Missing signs of low oxygen, infection, jaundice or low blood sugar in the newborn.
- The mother. Bleeding, infection or injury that was not caught or treated in time.
Injuries from a lack of oxygen can affect the brain for life. See the brain injury page for more on how those claims are proved.
Deadlines for a child’s claim
Most malpractice claims must be filed within two years of the care (RSMo 516.105). The law gives children more time. A child under 18 has until his or her 20th birthday to file.
Missouri’s general rule that pauses other deadlines for young people does not apply to malpractice claims (RSMo 516.170). So the malpractice rules are the ones that count.
Age 20
The general deadline for a Missouri malpractice claim brought on behalf of a child injured before age 18. Source: RSMo 516.105.
Parents may have their own claims too, such as for the costs of the child’s care. Do not assume the child’s later deadline covers those claims. Ask early which deadline applies to each person.
Why these cases need early records
Birth records come from many places. The full set often includes:
- Prenatal visit records and ultrasound reports.
- The labor and delivery record, including the baby’s heart rate tracing.
- Nursing notes and medication records for the mother.
- Newborn and NICU records, including lab results and imaging.
- Records from every doctor and therapist the child has seen since.
You have a right to ask for copies of your records and your child’s (RSMo 191.227). Ask for the complete records, not a summary.
What to do now
- Focus on your child’s care and your own recovery.
- Request the mother’s and baby’s records from each hospital and clinic.
- Write down what you remember about labor and delivery: times, who was in the room and what was said.
- Keep a folder of bills, therapy schedules and time missed from work.
- Do not sign a release or settlement paper without advice.
Your first consultation about a possible malpractice case is free. Harjot Singh Padda, JD will explain the deadlines that may apply to your child and to you.
Common questions
How long do we have to file for our baby?
A child usually has until age 20. Parents’ own claims may follow other rules. Read the deadlines guide.
Does every birth injury mean someone made a mistake?
No. Many happen despite good care. A review of the records answers that question. See the malpractice overview.
Our child has brain damage from low oxygen. What is involved?
These claims rely heavily on medical proof and life care planning. See brain injury claims.
What if my baby did not survive?
A family may have a wrongful death claim. See who can sue for wrongful death.
What should I bring to our first meeting?
Any records you have, your notes about the birth and a list of providers. See what to bring.
Related reading
Sources
- Mo. Rev. Stat. § 538.210 (the malpractice claim and its elements; noneconomic damage limits; punitive damages). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for claims against health care providers; foreign objects, test results, minors, ten-year outer limit). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.170 (general pause for minors and incapacity; does not apply to § 516.105 claims). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 191.227 (your right to copies of your medical records; fees; records of a patient who has died). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.225 (health care provider affidavit; 90-day filing rule). Missouri Revisor of Statutes