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How Long Do I Have to File a Birth Injury Suit in Missouri?


Thousands of birth injuries occur every year in America, caused by negligence or recklessness on the part of various medical professionals. When doctors fail to diagnose infections and monitor other pregnancy risks, or do not use the proper equipment or procedures during the delivery, it can negatively impact the health of the child. There are numerous types of birth injuries, the effects of which can be long-term and devastating.

Common types of birth injuries include:

  • Fractures (broken bones)
  • Bell’s Palsy
  • Cerebral Palsy
  • Brachial Plexus injury
  • Brain damage as a result of lack of oxygen or infection

If your child has suffered medical consequences as a result a birth injury, you are entitled to file a lawsuit in attempt to receive compensation. However, as is the case with many types of personal injury suits, you may only have a limited amount of time to file that claim, under the Missouri statute of limitations.

A statute of limitations is defined as the period of time in which you are legally allowed to file a claim. If you fail to file your lawsuit within the legally allotted time period, your case may be forfeit, and you will not be able to receive compensation. Statutes of limitations vary from state to state, though in most cases, you will have no more than 2 years to file a claim following an injury.

Birth injuries fall into a specific category of injury claims called medical malpractice suits, which typically operate based on what is called a “discovery rule.” This means that the statute of limitations begins from the time an injury was discovered.

In the state of Missouri, the law mandates that birth injury suits must be filed within 2 years from the date of the injury, or within 2 years from the date the injury was discovered. Children who were victims of a birth injury may also file a lawsuit on behalf of themselves once they are legally of age. However, a child pursuing their own birth injury suit must file a claim before they reach the age of 20, or they will not be able to receive compensation for their injury.

Compensation for Parents and Children

When you hire Bertram & Graf, L.L.C., you will receive assistance from experienced Kansas City birth injury lawyers who are not afraid to hold doctors, nurses, administrators, and other medical professionals accountable. We have been fighting medical malpractice cases on behalf of Missouri parents and children for years, and will always work closely with you to craft arguments designed to achieve your family maximum compensation. Don’t let something that happened at birth prevent you or your child from living a full life. Call Bertram & Graf, L.L.C. today.

Our firm is available by phone at (888) 398-2277, or you can contact us online to schedule a free consultation.