Missouri Military Birth Injury Malpractice Attorneys

When military families trust Missouri's Army, Navy, and Air Force Medical Treatment Facilities (MTFs) for prenatal care and delivery, they expect the highest standard of care. Unfortunately, medical negligence during pregnancy, labor, or delivery at these federal military hospitals can result in devastating birth injuries that affect children for their entire lives.

Military families can seek compensation under the Federal Tort Claims Act (28 U.S.C. § 2671-2680) when negligence at military medical facilities causes preventable birth injuries. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—giving us unique insight into military birth injury cases and the medical standards of care that were violated at federal facilities.

Active duty service members and military spouses have legal rights under the FTCA if their child suffered a birth injury at a Missouri military hospital. These are federal claims against the U.S. government, not individual doctors, and require specialized knowledge of military healthcare protocols and federal law.

• Failure to Monitor Fetal Distress: When medical staff at Army or Air Force hospitals fail to properly monitor fetal heart rates during labor or ignore warning signs of oxygen deprivation, brain damage and cerebral palsy can result from preventable hypoxic events.

• Delayed Emergency C-Section: Military hospital providers who wait too long to perform a cesarean section when complications arise can cause hypoxic-ischemic encephalopathy (HIE) and permanent neurological damage that could have been prevented with timely intervention.

• Improper Use of Forceps or Vacuum: Excessive force or incorrect positioning during assisted delivery at Naval Medical Centers can cause skull fractures, brachial plexus injuries, and facial nerve damage requiring lifelong treatment.

• Medication Errors During Labor: Incorrect dosing of Pitocin or other labor-inducing medications at military treatment facilities can cause uterine rupture, fetal distress, and oxygen deprivation leading to brain injuries.

• Failure to Diagnose Maternal Conditions: When Army or Air Force medical staff fail to properly diagnose and treat preeclampsia, gestational diabetes, or placental complications, both mother and baby can suffer serious injuries.

• Inadequate Neonatal Resuscitation: Improper or delayed resuscitation efforts in military hospital delivery rooms can result in cerebral palsy, developmental delays, and other permanent disabilities in newborns.

Our firm represents military families who experienced birth injuries at federal Military Treatment Facilities throughout Missouri that provide maternity and obstetric services to active duty personnel and their families.

While Missouri does not host major military medical centers with comprehensive maternity services, military families stationed in Missouri often receive care at nearby federal facilities or may have been transferred to larger military medical centers during high-risk pregnancies. We handle cases involving births at Army Medical Centers, Naval Medical Centers, and Air Force Medical Centers where Missouri-based military families received care.

Military families in Missouri may also receive care through TRICARE at military treatment facilities in neighboring states, including major Army and Air Force medical centers that provide specialized neonatal intensive care unit (NICU) services for complicated deliveries.

View all Missouri Military Facilities

• Your child was diagnosed with cerebral palsy, Erb's palsy, or brachial plexus injuries after a difficult delivery where medical staff used excessive force with forceps or vacuum extraction

• Fetal heart rate monitoring strips showed signs of distress, but military hospital staff delayed performing an emergency C-section or failed to respond appropriately to warning signs

• Your baby required immediate resuscitation or NICU admission due to oxygen deprivation that occurred during labor, despite no pre-existing risk factors

• Medical records indicate your child suffered a preventable brain injury, skull fracture, or nerve damage during delivery at the military treatment facility

• You developed complications like preeclampsia or placental abruption that were not properly diagnosed or treated by Army, Navy, or Air Force medical staff

• Your labor was induced or augmented with medications, but proper fetal monitoring protocols were not followed, leading to uterine rupture or fetal distress

• Military hospital staff failed to perform timely interventions when complications arose, and your child now requires lifelong medical care for preventable injuries

Economic Damages

Military families can recover significant economic damages, including over $1 million for lifetime medical care in severe cerebral palsy cases caused by negligence at a federal facility. Economic damages can include specialized medical equipment, adaptive devices, physical and occupational therapy, speech therapy, developmental intervention, special education, tutoring, lost earning capacity, and home modifications.

Non-Economic Damages

In FTCA birth injury cases, federal law allows recovery for non-economic damages, such as the child's pain and suffering, loss of life's enjoyment, the family's emotional distress, and loss of parent-child relationships.

Missouri-Specific Considerations

Under Missouri law, there are no statutory caps on medical malpractice damages (Mo. Rev. Stat. § 538.210 was ruled unconstitutional). However, since military birth injury cases are filed under the Federal Tort Claims Act rather than state law, federal damages principles apply. The FTCA allows full compensation for both economic and non-economic damages, but punitive damages cannot be awarded against the federal government. Recent National Defense Authorization Act (NDAA) provisions provide an alternative administrative claims process for certain military medical malpractice cases, with settlements up to $100,000 processed directly through the Department of Defense.

Statute of Limitations Under the Federal Tort Claims Act (28 U.S.C. § 2401), military families have two years from the date of discovery to file a birth injury claim against the federal government. Missouri's discovery rule (Mo. Rev. Stat. § 516.105) may influence when the limitations period begins, particularly in cases where the full extent of a child's birth injuries was not immediately apparent.

Expert Witness Requirements Missouri requires expert medical testimony in birth injury cases under Mo. Rev. Stat. § 538.225. Military birth injury cases require experts familiar with both federal military hospital standards of care and the specific obstetric and neonatal protocols used at Army, Navy, and Air Force medical facilities.

For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in Missouri

Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have two years from the date you discovered or reasonably should have discovered the birth injury to file a claim. For birth injuries, this often begins when the child is diagnosed with cerebral palsy or other conditions that may not be immediately apparent at birth.

You can recover both economic damages (medical expenses, therapy costs, special education, lost earning capacity) and non-economic damages (pain and suffering, loss of enjoyment of life). There are no federal caps on FTCA damages, unlike some state medical malpractice laws.

Missouri's medical malpractice damage caps do not apply to military birth injury cases because these are federal claims under the FTCA, not state medical malpractice claims. Federal law governs damages in cases against military treatment facilities.

No, you cannot sue individual military doctors personally. Under the FTCA, your claim must be filed against the United States government. The Feres Doctrine also prevents active duty service members from suing for their own injuries, but spouses and children can file claims for birth injuries.

Yes, Missouri law requires expert medical testimony in birth injury cases (Mo. Rev. Stat. § 538.225). However, the expert must be qualified to testify about military hospital standards of care and federal medical protocols, not just civilian medicine.

Military birth injury cases typically take 18-36 months. You must first file an administrative claim (Standard Form 95) with the military facility, which has six months to respond. If denied, you then have six months to file a federal lawsuit.

Yes, while the Feres Doctrine prevents active duty personnel from suing for most military-related injuries, recent NDAA provisions allow certain medical malpractice claims. Additionally, birth injuries to the child (not the mother) are generally not barred by Feres.

The FTCA's two-year statute of limitations begins when you discover or reasonably should have discovered the injury and its connection to military hospital negligence. Many birth injuries like cerebral palsy are not diagnosed until months or years after birth, so the discovery rule often applies.

When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Missouri military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.

• Missouri FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Missouri military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Missouri, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.

If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a Missouri military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Missouri Birth Injury victims. Our Missouri Birth Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Missouri legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Missouri Military Malpractice Information

• Military & VA Medical Malpractice in Missouri - Complete guide to filing claims in Missouri, including facility listings and legal requirements

Other Missouri Case Types We Handle

• Missouri Surgical Errors Cases
• Missouri Emergency Room Errors Cases
• Missouri Brain Injury Cases

Birth Injury Resources

• Birth Injury Lawyers (Nationwide) - General Birth Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If your child suffered a birth injury at a VA hospital or military medical facility in Missouri, you need to understand how the Federal Tort Claims Act (FTCA) provides a pathway to seek compensation. The FTCA allows military families and veterans to file claims against the federal government for medical negligence, but the process is complex and time-sensitive.

You must file your FTCA claim within two years of when you knew or should have known about the injury and its cause. This starts with filing an administrative claim using Standard Form 95. The federal agency then has six months to respond to your claim. Only after the agency denies your claim or the six-month period expires can you file a lawsuit in federal court.

Having an attorney who is also a medical doctor is particularly crucial in military birth injury cases. These cases require both legal expertise in FTCA procedures and medical knowledge to identify exactly where the standard of care was breached. A doctor-attorney can review medical records, identify deviations from proper obstetric care, and explain complex medical concepts to the court in a way that strengthens your case.

Through an FTCA claim, you can seek compensation for past and future medical expenses, including specialized care, therapy, and adaptive equipment your child may need. You can also recover lost wages if you've had to reduce work hours to care for your child, as well as compensation for pain and suffering. Unlike many state laws, the FTCA has no cap on damages in Missouri for medical malpractice cases.

Don't wait to explore your legal options. Military families deserve access to quality medical care, and when that standard isn't met, you have the right to seek justice for your child. Many experienced FTCA attorneys offer free initial case evaluations to help you understand your rights and determine if you have a valid claim. These consultations are confidential and come with no obligation to proceed with a case. The sooner you reach out, the better positioned you'll be to protect your child's future and secure the resources needed for their care.

We handle various types of VA and military medical malpractice cases in Missouri:

• Missouri Surgical Errors Cases
• Missouri Emergency Room Errors Cases
• Missouri Brain Injury Cases
• Missouri Spinal Cord Injury Cases
• Missouri Misdiagnosis Cases
• Missouri Medication Errors Cases