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  • $17 Million

    Birth Injury

    Negligence by nurses and hospital staff in failing to assess the position of the baby, improper use of Pitocin, and failing to obtain an assessment by physician, resulting in severe oxygen deprivation and brain injury to the baby.

  • $13.2 Million

    Birth Injury

    A newborn suffered brain damage due to improper administration of Pitocin, failure to monitor preeclampsia and failure to perform timely c-section.

  • $6.6 Million

    Birth Injury

    Severe brain injury to a baby. Failure to monitor high-risk mother for pre-eclampsia, failure to recognize fetal distress, failure to monitor resident doctor students, and failure to perform a C-section.

  • $4.6 Million

    Birth Injury

    Hospital found negligent in failing to take action to stop labor at 32 weeks gestation. Misuse of forceps. Failure to perform C-section.

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Kansas City Birth Injury Lawyers

Fighting for Justice for Injured Babies & Mothers in Missouri & Kansas

Was Your Baby in the NICU? Find Out Why.

Every year, shortly after delivery, thousands of children are admitted to a Neonatal Intensive Care Unit (NICU) because there is a serious medical problem with the child. Most of the time, no one tells the family what really happened, particularly if the problem is a birth injury which could have been prevented.

If your child was admitted to an NICU when he or she was born, or if you have a baby who has a birth injury like brain damage, seizures, cerebral palsy, Erb’s palsy or a brachial plexus injury, we can help you find out why. Our Kansas City birth injury attorneys can determine who is responsible and may be able to pursue financial compensation for your child’s immediate, ongoing, and even lifelong care.

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What Happened to Your Baby? - Forensic Investigation of Birth Injuries

A forensic investigation of a birth injury is a scientific inquiry that looks at the facts of what happened before, during, and immediately after your child’s birth, to determine the most probable cause of your child’s injuries.

We’re qualified to do this because we have lawyers who are also doctors. We have conducted thousands of such investigations over the past 40 years.

We’ve collected millions of dollars to help families get the resources they need to care for their child.
For more information, contact us at (816) 253-8606.

What is a Birth Injury?

A birth injury refers to any harm or damage sustained by an infant during the process of childbirth or delivery. These injuries can be physical and/or neurological in nature and can result from a variety of factors, including medical complications, difficult labor, or errors made by healthcare providers during delivery. Birth injuries can differ in severity and may lead to both short-term and long-term consequences for the affected child.

Remember, there is a difference between birth injuries and birth defects. Birth defects are typically caused by genetic or environmental factors during pregnancy and are not related to the birth process itself.

If a birth injury occurs, timely and appropriate medical intervention is crucial to minimize the impact and provide the best possible care for the affected infant. In some cases, birth injuries can be preventable, and healthcare providers have a responsibility to follow proper protocols and standards of care to reduce the risk of harm during childbirth. Legal action may be pursued in cases where negligence or medical malpractice is suspected as a cause of the birth injury.

What Birth Injuries Are Considered Medical Malpractice?Birth Injury

Here are some examples of the types of medical negligence that can lead to your child having cerebral palsy, brain injury, brachial plexus injuries, or other significant birth injuries:

  • Failing to recognize the baby was in fetal distress
  • Failing to act when a fetal heart monitor warns the baby is in distress
  • Failing to order a timely emergency cesarean section
  • Improper use of forceps
  • Improper use of vacuum extractors
  • Improper use of Pitocin
  • Failing to act when the mother has preeclampsia or high blood pressure
  • Failing to act when the mother has low blood pressure
  • Failing to act when the mother has toxemia
  • Failing to act when there is a dangerous infection
  • Failing to properly manage prolonged labor
  • Failing to properly manage a breech delivery

Contact a Missouri Birth Injury Lawyer Immediately to Preserve Evidence

Another important reason to contact a birth injury attorney early to investigate birth injury cases is to preserve the evidence in your case before it is lost, altered, or destroyed. In some cases, an early investigation can be vital to being able to prove and win your case. In some cases, there are medical tests that should be done when the baby is a newborn that would help determine what happened.

Nationally Recognized

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  • Inner Circle of Advocates

    Dr. Pat Cullan and Dr. Joe Cullan are both members of the Inner Circle of Advocates, an invitation-only group that limits its member to the best plaintiff lawyers in the country. Members are recognized as having exceptional qualifications are respected and recognized by their peers and who are experienced and skillful in the handling of courtroom litigation.

  • Million and Multi-Million Dollar Advocates Forum

    Cullan & Cullan are members of the Million and the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States that limits its membership to attorneys who have won multi-million-dollar verdicts and settlements. Less than 1% of U.S. attorneys are members of the forum.

  • 2022 U.S. News – Best Lawyers® “Best Law Firms”

    Cullan & Cullan was ranked in 2022 “Best Law Firms” by U.S. News — Best Lawyers® for our work in Kansas City, Missouri. We were placed in Metropolitan Tier 1 for “Medical Malpractice Law - Plaintiffs” and Metropolitan Tier 2 for “Personal Injury Litigation - Plaintiffs.”

  • Best Lawyers "Lawyer of the Year"

    Attorney Sam Cullan was named 2016, 2019, 2021 and 2023 “Lawyer of the Year” by Best Lawyers, thanks to his accomplishments in the field of Medical Malpractice for Kansas City, MO plaintiffs. In honor of his high-caliber work in both medical malpractice and personal injury litigation, Attorney Cullan is also highlighted in the 28th edition of The Best Lawyers in America®.

  • The Best Lawyers in America

    The Best Lawyers in America® seeks to recognize the top attorneys in the United States via a peer-review process. We are honored to have several of our attorneys included in this prestigious list.

  • Super Lawyers

    Super Lawyers® magazine honors leading attorneys who have been recognized by their peers for a high level of professional achievement. We are proud to have several attorneys selected for inclusion in the Super Lawyers® list.

  • The National Trial Lawyers Top 100 Lawyers

    Dr. Gene Cullan, Dr. Pat Cullan and Dr. Joe Cullan are members of The National Trial Lawyers Top 100 Trial Lawyers, an invitation-only national organization that selects the most qualified attorneys from across the country based on their leadership, professional stature and influence and their profile as either a civil plaintiff or criminal defense trial lawyer.

  • The National Trial Lawyers Top 40 Under 40

    Dr. Pat Cullan and Dr. Joe Cullan were named "Top 40 Under 40" by the National Trial Lawyers. Award recipients are lawyers under the age of 40 who exemplify superior qualifications, leadership, and notable trial results. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research.

  • National Board of Trial Advocacy

    Dr. Sam Cullan is a National Board of Trial Advocacy (NBTA) Board-Certified Trial Lawyer, a credential that provides reliable evidence of his specialized knowledge and proficiency.

  • Newsweek Magazine

    Cullan & Cullan was named “Best Personal Injury Attorneys in 2017” by Newsweek Magazine. In addition, Dr. Pat Cullan and Dr. Joe Cullan were also featured in Newsweek magazine’s “Rising Legal Stars” feature which recognized their exceptional legal and medical background.

  • The Irish Legal 100

    Dr. Pat Cullan and Dr. Joe Cullan were both named “Top 100 Most Distinguished Attorneys in America with Irish Roots” by the Irish Legal 100, an annually compiled list of the most distinguished legal professionals in the United States who share Irish roots. Other distinguished members of the Irish Legal 100 include United States Supreme Court Chief Justice John Roberts and Justice Anthony Kennedy.

  • American Board of Legal Medicine

    Dr. Sam Cullan is Board-Certified in Legal Medicine by the American Board of Legal Medicine, a prominent professional society committed to addressing issues that arise at the intersection of law and medicine.

  • Best of Bar

    The Kansas City Business Journal’s annual Best of the Bar list recognizes local attorneys who have at least 10 years of professional experience. Attorneys are selected by a panel of judges for considerable achievements, reputation, civic involvement, and more.

  • AV Preeminent by Martindale-Hubbell

    A number of our attorneys have earned AV Preeminent® Ratings from Martindale-Hubbell®, the highest possible rating offered by the prestigious organizations. Ratings are determined based on peer reviews, legal ability, ethical standards, and other factors.

  • Avvo 10.0

    We are proud to have several attorneys who have earned an Avvo Rating of 10.0 Superb. Attorneys earn ratings based on a number of factors, including experience, recognition, and professional conduct.

  • Best Medical Malpractice Lawyers in Omaha by Expertise.com

    Cullan & Cullan lawyers were listed among the “Best Medical Malpractice Lawyers” in Omaha by Expertise.com. Listees are selected based on over 25 variables across 5 categories, from qualifications to experience, to reputation, and more.

  • Best Car Accident Lawyers in Omaha by Expertise.com

    Expertise.com named Cullan & Cullan lawyers among the “Best Car Accident Lawyers” in Omaha. Qualifications, reputation, and professionalism are among the categories considered.

Testimonials

  • "Simply the BEST!"

    - C. Williams

  • "People helping People"

    - James J.

  • "Do not go any further!"

    - Lanielle J.

  • "We are able to get the treatment our son needs!"

    - Eric H.

  • "I would give 100 stars on a 5-star scale if I could!"

    - Mark P.

  • "They had my best interest at heart!"

    - Deborah B.

  • "I can't thank them enough!"

    - Brandon J.

  • "They genuinely care about their clients!"

    - M.L.

  • "They helped my family through a very difficult time in our lives!"

    - S.J.

  • "I trust them with every decision!"

    - E.C.

Families We've Helped

  • ""We knew these would be lifelong issues for our son. You have to advocate for your kids because no one else will do it. Cullan & Cullan knew what was going on and we knew they would be successful in helping us.""
More Testimonials
  • Pat Cullan

    M.D., J.D.

    Medical Doctor
    Lawyer
    Of Counsel

    Dr. Pat Cullan is a Medical Doctor and Trial Attorney who is nationally recognized for his success in fighting for catastrophically injured clients.

    Pat Cullan's Bio
  • Pat Cullan

    M.D., J.D.

    Medical Doctor
    Lawyer
    Of Counsel

    Dr. Pat Cullan is a Medical Doctor and Trial Attorney who is nationally recognized for his success in fighting for catastrophically injured clients.

    Pat Cullan's Bio

The doctor lawyer Difference

  • A Doctor-Lawyer Oversees Every Case
  • We Limit the Number of Cases We Take On
  • Over $350 Million Recovered for Our Clients
  • You Get Direct Access To Our Lawyers
  • You Don’t Pay Unless We Win
Seeking Justice

For preventable birth injuries

Doctors, nurses, midwives, and other healthcare providers have a legal duty to monitor your pregnancy and delivery, and take appropriate steps to protect the health of you and your baby. The “appropriate steps” are what’s called the “standard of care,” the rules about what should and should not to be done to ensure that your baby is delivered safely. Doctors and nurses have a duty to be knowledgeable and attentive and must recognize known potential birth complications to prevent injury.

Sometimes a baby can be injured even when the appropriate steps were taken. But when your child’s injuries happen because of negligence, that’s medical malpractice, and the doctor, nurse, hospital, or other healthcare provider should be held accountable – along with their insurance company.

You are required to have auto insurance, homeowner’s insurance, and business insurance. You would want your insurance company to pay for the harm you caused if you made a terrible mistake and hurt someone. Likewise, under the law when a hospital, doctor, or nurse violates the rules of medicine, their insurance companies should pay for your child’s medical bills, lost future wages, disfigurement, pain and suffering, and other damages.

FAQ

Do I Have a Deadline to File a Birth Injury Lawsuit?

The law sets absolute deadlines, called statute of limitations, for filing notice of claims and/or lawsuits for medical malpractice in birth injury cases. If you miss these deadlines you lose your right to sue – forever. The deadlines vary a great deal from state to state. For example, the laws in Kansas are drastically different than those in Missouri. The law are also different for the minors claim and the parents claim. They are also different if the malpractice caused a death. These deadlines are also subject to change. Every year legislators talk about changing these deadlines.

Bottom line—protect your rights. It is extremely important that you contact a Kansas City birth injury lawyer attorney for assistance in determining what the statute of limitations is in YOUR case. The first time you have a feeling that your child’s injury or your injury may have been caused by medical malpractice, take action. Get in touch with an actual birth injury lawyer – not just any lawyer and find out not only about your rights and your child’s rights, but your deadline for doing something about it.

What Resources Are Available To Help My Child?

If you believe your child has suffered a birth injury due to medical negligence, it is important to discuss your situation with an experienced legal professional. At Cullan & Cullan, our Kansas City birth injury attorneys can help you determine what the best course of action is for you and your child and provide you with the information and resources you need to cope during this difficult time.