Best Birth Injury Lawyers in Wichita, KS

FAQs

• How much can one get as compensation for a birth injury lawsuit in Wichita?

  The compensation amounts for birth injury cases in Wichita are not predetermined, as they vary based on the specific circumstances of the affected individuals, current and future medical bills, and the severity of their injuries. Care for a child who has a birth injury, however, can easily run into the hundreds of thousands of dollars over their lifetime. A variety of costs can be covered with birth injury compensation, such as medical care, therapy, medical equipment, and medications.

• Can a Wichita individual pursue a birth injury claim if the baby was delivered in a military hospital?

  It depends. You may be eligible to sue the military hospital for birth injury if you are:

  • A dependent of an active military service member (e.g., child or spouse).
  • A military veteran not on active duty.
  • A retired veteran who received care at a VA hospital or from a military doctor.

  If your baby is injured during or after birth in a federally-funded clinic or a military hospital, the Federal Tort Claims Act may hold the government responsible. It is recommended to seek the assistance of a birth injury attorney in Wichita due to the complexity of the process.

• Does signing a consent form waive one's right to pursue birth injury claims in Wichita?

  No. By affixing your signature on an informed consent document, you are acknowledging the possibility of encountering complications during the process of labor or delivery. However, in no way did you provide consent for a medical provider to be negligent with your well-being during childbirth. The act of signing an informed consent document does not impose any limitations on your ability to initiate a birth injury lawsuit in Wichita.

• How long does one have to file a birth injury claim in Wichita?

  Kansas Statute 60-513(a)(7) mandates a two-year filing deadline for claims brought on behalf of injured children by their parents. However, under Kansas Statute § 60-515, minors who submit a claim without parental representation have eight years from the date of the birth injury to initiate legal proceedings. Failing to adhere to these statutes of limitations may cause one's birth injury lawsuit in Wichita to be dismissed.

• How does Kansas' wrongful death statute, which includes unborn children at any stage of gestation, affect birth injury cases in Wichita?

  Kansas is one of the few states that includes unborn children in its wrongful death statute. Kansas Statute § 60-1901 allows wrongful death lawsuits to be filed for the wrongful death of an unborn child, such as when a medical procedure is performed illegally or without the consent of the pregnant woman or her legal guardian. Consequently, in cases where a fetal injury during gestation renders the fetus non-viable, this legislation permits parents residing in Wichita to initiate wrongful death litigation about the birth injury.