Fighting For Missouri's Injured Since 1952

Kansas City Birth Injuries Lawyer

If your child was hurt during delivery, you are dealing with something no parent should ever face. A birth injury caused by a medical error can affect your child for the rest of their life, and the decisions you make in the weeks and months that follow matter. As a Kansas City, Missouri, birth injuries lawyer team with more than 70 years of experience in Missouri medical malpractice cases, Norton & Spencer, P.C., handles birth injury claims across Kansas City and throughout the state of Missouri. We know what it takes to investigate these cases, take them to trial and win.

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Key Takeaways For Missouri Birth Injury Families

When a birth injury changes everything, knowing where you stand is the first step. Here is what every Missouri family should understand before making any decisions.

What counts as a birth injury: Physical harm caused by a medical provider’s error during labor or delivery, not the same as a birth defect, which is genetic or developmental.

How to tell if it was negligence: Common red flags include delayed C-section, improper use of forceps or vacuum and failure to respond to fetal heart rate changes. An independent medical expert review of your records is the only reliable way to know.

Filing deadline: Missouri gives injured children until their 20th birthday to file. Parents filing their own separate claim have only two years from the date of the injury.

What the firm brings: In practice since 1952, more than 150 jury trials personally tried by lead attorney Jack Norton and 10 verdicts exceeding $1 million in personal injury and medical malpractice cases.

Cost: We work on a contingency fee basis. You pay nothing unless we win.

Read on for a full breakdown of your rights, the process and how our attorneys can help.

Meet The Attorneys Handling Your Case

The attorneys at Norton & Spencer, P.C., have spent decades representing families in the most serious personal injury and medical malpractice cases in Missouri. Here is who will be working on your case and what they bring to it.

Jack Norton, Partner

With over 150 jury trials taken to verdict and 10 recoveries surpassing $1 million, Jack Norton brings a level of courtroom experience that few Missouri attorneys can match. He brings to birth injury cases an in-depth knowledge of medicine, a methodical discovery philosophy and decades of experience in the highest stakes personal injury and medical malpractice cases in Missouri. Mr. Norton has been selected to Super Lawyers every year from 2005 through 2026, selected to the National Trial Lawyers Top 100 in 2016 and 2017 and received the Lon Hocker Memorial Trial Lawyer Award. He is a former president of the Missouri Association of Trial Attorneys and a member of the American Association for Justice and the American College of Trial Lawyers.

Kathryn A. Spencer, Attorney

Kathryn Spencer is a co-founding member of Norton & Spencer, P.C., and has spent her career representing injured Missourians in serious personal injury and medical malpractice matters. Her experience in birth injury cases spans both the investigative and litigation stages, working with medical experts to establish what went wrong and building the factual record needed to support your family’s claim.

Common Birth Injuries

There are many ways medical negligence can cause a birth injury. Perhaps caregivers failed to recognize or respond to fetal distress, improperly used labor-inducing drugs, neglected to perform a timely C-section or used too much force to extract the baby. Whatever the cause of a birth injury, the consequences can be devastating. The most common birth injuries include:

Brain damage: If the infant is deprived of oxygen for too long during the birthing process, widespread brain damage can result. It can range from hypoxic-ischemic encephalopathy (HIE) to cerebral palsy. Even minor brain damage can have a huge impact on a child’s life. Links are being discovered between having a difficult birth and disorders such as ADHD and autism.
Bone fractures: Clavicle fractures are the most common, but skull fractures are much more dangerous. Swelling, bruising, bleeding and infection are often secondary complications associated with fractures and just as dangerous if not properly treated.
Cerebral palsy: This is a neurological condition (impairment) caused by damage to the motor skill center of the brain before or during birth. Cerebral palsy hinders body motion, muscle activity and motor skills. It may or may not include cognitive impairment.
Brachial plexus injury: The brachial plexus is a series of nerves that allow for motion and sense of touch in the shoulders, arms and fingers. Brachial plexus injuries may occur when the baby’s neck is improperly maneuvered during delivery – that is, twisted or pulled too hard by the medical professional delivering the baby. Erb’s palsy and Klumpke palsy – partial paralyses of the arm, wrist and hand – are forms of brachial plexus injury.
Facial paralysis: Usually caused by pressure to the infant’s seventh cranial nerve, facial paralysis is most often seen around the lips, though it can affect any part of the face. Sylvester Stallone is an example of this birth injury, as his doctor used two sets of forceps to deliver him, paralyzing his face permanently in the process.

In the worst-case scenarios, a medical error can result in stillbirth.

According to the latest National Healthcare Quality Report from the U.S. Department of Health and Human Services, in American hospitals, approximately 6.68 birth injuries occur per 1,000 live births. In one of the wealthiest countries in the world, this rate is far too high, considering that many of these injuries could have been prevented.

Birth Injuries To The Mother

Birth injuries do not only happen to the baby. Mothers can suffer serious, lasting harm as a direct result of a medical provider’s negligence during labor and delivery. Injuries to the mother can include the following:

Reproductive organ damage: Failure to timely remove a cerclage stitch during active labor can cause serious injury to the uterus and surrounding reproductive structures. Our firm handled a case where a plaintiff with a history of miscarriages had a cerclage placed during pregnancy. When she presented in active labor, the hospital failed to remove it in time, and she delivered with the stitch still in place, causing serious injury to her reproductive organs. The case settled for a confidential amount, showing that we take on complex obstetric negligence claims that other firms may overlook.
Pelvic fractures: Delivery maneuvers that are performed incorrectly can break the mother’s pelvis. Shea v. St. John’s Hospital is one example from our case history: a Laclede County, Missouri, jury returned a $100,000 verdict for our client after the medical team used the McRoberts maneuver incorrectly during delivery and fractured her pelvis.
Perineal tears and surgical injuries: Lacerations, improper episiotomies and injuries caused by poorly placed instruments can cause long-term pain, incontinence and complications requiring additional surgery.
Hemorrhage and transfusion complications: Failure to identify and manage excessive postpartum bleeding can result in hysterectomy, organ damage or death.
Uterine rupture: Mismanaged labor, particularly when labor-inducing drugs are improperly used, can cause the uterus to rupture and require emergency surgery.
Nerve damage: Prolonged labor or improper positioning and technique can cause lasting nerve damage affecting the mother’s mobility and sensation.

These injuries are not inevitable complications of childbirth. When they result from a provider’s failure to meet the standard of care, the mother has her own independent claim separate from any claim brought on behalf of the child.

Common Problems Related To Birth Injuries

During delivery, unexpected complications can arise quickly. However, when medical staff fail to manage these challenges properly, manageable complications can turn into preventable tragedies. Some of the most common delivery complications include:

Placental abruption: A rare but serious condition involving the placenta, an organ that develops during pregnancy within the uterus to deliver nourishment to the fetus. Abruption occurs when the placenta detaches from the uterine wall, thus rendering it unable to deliver the necessary oxygen and nourishment.
Shoulder dystocia: When the baby’s head is out, but its shoulders get stuck in the birth canal, it’s known as shoulder dystocia. (“Dystocia” means “difficult birth.”) During this complication, the baby is in danger of head injuries, brachial plexus injuries, broken or dislocated bones and oxygen deprivation, which can lead to brain damage.
Fetal heart problems: The normal fetal heart rate is between 120 and 160 beats per minute. A low heart rate may signify that the baby is being deprived of oxygen, while a higher rate suggests the heart is working too hard to maintain blood and oxygen circulation. The longer the labor goes, the more danger the baby is in from fetal distress (also known as fetal intolerance to labor).

These problems do not necessarily create birth injuries if treated properly (and quickly) by attending doctors and medical staff. However, these potentially harmful delivery errors can cause or contribute to lifelong damage to the baby:

Not recognizing or reacting to signs of fetal heart problems
Failing to perform a C-section in a timely manner or not performing a C-section at all
Improperly using drugs, like Pitocin or Cytotec, for inducing labor
Improperly using forceps or vacuum extraction
Using excessive pressure when extracting a baby
Improperly pulling the baby when lodged or stuck during delivery (excessive traction)
Applying too much pressure to the mother’s abdomen during delivery (fundal pressure)

If your delivery team made any of these critical errors, your family should not bear the consequences alone. An experienced Missouri birth injury attorney can review your medical records to find out exactly what went wrong.

Who Can Be Held Responsible For A Birth Injury?

Birth injury cases can involve more than one responsible party. Depending on the circumstances, the following may be held liable:

Delivering physician or OB-GYN: The doctor managing labor and delivery is held to a standard of care that includes recognizing complications and responding appropriately.
Nurses and midwives: Labor and delivery nurses are responsible for monitoring fetal heart rate, escalating concerns and carrying out the care plan correctly.
Hospitals and health systems: Hospitals can be liable for the negligence of their staff, for inadequate staffing levels, for equipment failures and for systemic failures in protocols.
Anesthesiologists: Errors in administering epidurals or other anesthesia during labor can cause harm to both the mother and the baby.
On-call specialists: When a situation requires a specialist who is not called in time or does not respond appropriately, that specialist may share liability.

Identifying all responsible parties is part of how our attorneys build a strong case.

How A Lawyer Can Help

Hospitals and their insurers move fast. From the moment something goes wrong during a delivery, their legal teams are working to limit what they pay. A birth injury lawyer levels that field. We can help you by doing the following:

Obtaining and preserving your full medical records before they become harder to access
Retaining independent medical experts to review the standard of care and identify where it was breached
Identifying all responsible parties and the insurance coverage in play
Documenting your child’s long-term medical and care needs so the full value of the claim is accounted for
Negotiating with defense counsel and insurers and taking the case to trial when a fair settlement is not offered

Jack Norton has personally tried more than 150 jury trials. We go to court when we need to, and insurers know it.

What Does The Birth Injury Case Process Look Like?

Birth injury cases move through several distinct phases. Here is what to expect and a general timeframe for each.

Phase	What Happens	Typical Timeframe
Free consultation	We review what happened and assess whether you have a viable claim.	Week 1
Medical record review	We obtain your full delivery and prenatal records and retain an independent medical expert to review them.	Weeks 2-8
Filing the lawsuit	If the evidence supports a claim, we file suit against the responsible parties.	Months 2-4
Discovery	Both sides exchange records, take depositions of doctors, nurses and experts and gather evidence.	Months 6-18
Expert preparation	Medical experts on both sides prepare opinions on the standard of care and causation.	Months 12-24
Mediation or settlement talks	Many cases resolve here with a negotiated settlement.	Months 18-30
Trial	If no fair settlement is reached, the case goes before a jury.	Months 24-36-plus

How long a birth injury case takes depends on the complexity of the medical issues, the number of defendants and whether the case settles or goes to trial. Most resolve within two to four years.

Important Deadlines

Missing a filing deadline can end your case before it starts. Here are the deadlines that apply to Missouri birth injury claims.

Missouri’s general medical malpractice deadline: Two years from the date of the injury.

Minor exception: An injured child has until their 20th birthday to file their own claim. This is one of the most protective provisions in Missouri law for birth injury victims.

Parents’ separate claims: A parent’s independent claim for medical bills paid or other personal damages follows the standard two-year deadline and is not extended by the minor exception.

Act early anyway: Medical records are easier to obtain, witnesses remember more and expert opinions are stronger when a case is investigated promptly.

If you are unsure which deadline applies to your situation, contact us for a free case evaluation.

The Costs Of A Birth Injury

The costs of raising a child suffering from a serious birth injury can be substantial. Ongoing treatment, necessary medical devices and added educational costs for a child afflicted with brain damage – new parents can find themselves struggling with all of these costs and more.

However, if your child was injured due to the negligence of a healthcare provider, you may be entitled to compensation that can help you meet the challenges of raising a child who suffered a birth injury. Healthcare providers – or, in many instances, their malpractice insurers – can be held financially accountable for the damages that resulted from their errors.

Time Limit For Taking Legal Action

Missouri’s statute of limitations states that civil actions against physicians, hospitals, dentists, etc., must be brought within two years of the incident. There are a couple of exceptions that will allow a victim additional time in which to file a medical malpractice claim, including when negligence is associated with a failure to inform a patient of test results.

In these cases, the two-year period begins when the patient discovers the error or omission. But the sooner you act, the sooner an investigation can take place into the actual cause of your child’s birth injury. Don’t delay; contact an experienced birth injury law firm as soon as possible.

Frequently Asked Questions About Missouri Birth Injury Cases

Experiencing a traumatic delivery can leave you with more questions than answers. Below, we address some of the most common concerns parents have when considering their legal options in Missouri.

What is the difference between a birth defect and a birth injury?

Birth defects are genetic, congenital or DNA-based conditions (like Down syndrome) that develop naturally in the womb and are generally unpreventable.

Birth injuries, on the other hand, are physical harm (like oxygen deprivation or nerve damage) that happens during labor or delivery. Medical malpractice laws only apply to preventable birth injuries caused by a healthcare provider’s errors.

How do I know if my child’s birth injury was caused by medical negligence?

Medical mistakes are rarely obvious, but common red flags include a delayed emergency C-section, improper use of forceps or vacuum extractors, or failure to react to a baby’s dropping heart rate. Because hospitals don’t openly admit to errors, the only way to know for sure is to have an independent medical expert review your delivery records.

What is the statute of limitations for a birth injury lawsuit in Missouri?

While Missouri’s standard medical malpractice timeline is two years, the state provides a special exception for minors. A child injured at birth generally has until their 20th birthday to file a claim. However, it is critical to act quickly before medical records are misplaced and memories fade.

How much does it cost to hire a birth injury lawyer?

It costs nothing out of pocket, meaning any family can afford high-quality legal representation regardless of their income. Our firm operates on a contingency fee basis, meaning we cover all upfront costs, including medical expert reviews and investigations. You pay no hourly rates or retainers, and we only get paid if we recover compensation for your family. If we don’t win, you owe us nothing.

Missouri Medical Malpractice Law Firm

If you suspect that your child was the victim of medical malpractice, you owe it to your entire family to pursue compensation that could help ease the financial and emotional burden created by a birth injury. Talk to an experienced birth injury attorney to learn more about your legal rights and options. Contact Norton & Spencer, P.C., today at 866-251-5423 or fill out the online form to coordinate a free consultation.