What We Handle
Birth Injury
After a preventable injury during pregnancy, labor, or delivery.
What birth injury actually means
A birth injury case arises when a baby or mother is harmed because medical providers failed to respond properly during pregnancy, labor, delivery, or shortly after birth. These are some of the hardest cases a family can face.
Not every difficult delivery is malpractice. But when warning signs are missed, treatment is delayed, or preventable mistakes happen, families deserve answers. Birth injury is a specific category within medical malpractice — for a broader overview, see our medical malpractice page.
What it takes to have a case
1. Duty
The medical team had a duty to provide competent care during pregnancy and delivery.
2. Breach
They failed to respond the way a reasonably careful provider should have under the circumstances.
3. Causation
That failure caused injury to the baby, the mother, or both.
4. Damages
The harm may include added medical bills, lifelong care needs, disability, pain, emotional trauma, or lost income.
What we handle within birth injury
Every situation is different. Here are the most common types we see.
Lack of Oxygen Injuries
Delayed response to fetal distress or other warning signs.
Delayed C-Section
Emergency delivery should have happened sooner.
Improper Use of Delivery Tools
Forceps or vacuum devices caused avoidable injury.
Nerve and Shoulder Injuries
Delivery complications led to physical harm.
Maternal Injury Cases
Negligent care caused serious harm to the mother.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 2 years — RSMo § 516.105
- •10-year absolute statute of repose
- •Affidavit of merit required before filing — RSMo § 538.225
- •Noneconomic damage cap: $400,000 standard / $700,000 catastrophic — RSMo § 538.210
- •Minor's statute may toll deadlines in some circumstances
Kansas
- •Statute of limitations: 2 years — KSA § 60-513(c)
- •4-year absolute statute of repose
- •Pre-suit screening panel required — KSA § 65-4901
- •Noneconomic damage cap: $350,000 — KSA § 60-19a02
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — We listen to what happened before, during, and after delivery.
Records collection — Prenatal records, fetal monitoring strips, delivery records, NICU records, and follow-up care.
Expert review — We evaluate whether warning signs were missed or the response came too late.
Life-impact review — We look at future care, therapy, disability, family burden, and financial loss.
Demand or filing — We proceed if the facts support a claim.
Resolution — Settlement, mediation, or trial.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a birth injury case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Lifelong medical and care expenses
- •Corrective surgeries and therapy
- •Lost earning capacity
- •Home modifications and adaptive equipment
Non-Economic Damages
- •Pain and suffering (subject to statutory caps)
- •Permanent disability
- •Loss of enjoyment of life
- •Emotional distress for the family
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
Top 25 Medical Malpractice Trial Lawyer. Keenan Trial Institute faculty. Experienced in birth injury litigation involving delayed delivery, oxygen deprivation, and maternal harm.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to birth injury, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
Is every difficult birth a legal case?
No. The issue is whether avoidable medical mistakes caused avoidable harm.
Can a case involve injuries to both mother and baby?
Yes, depending on what happened.
How long do I have to file?
Two years in both Missouri (RSMo § 516.105) and Kansas (KSA § 60-513(c)). Timing rules may differ when the injured person is a minor.
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your birth injury case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your birth injury case?
Free consultation. No fee unless we recover.
