Understanding Birth Injury Medical Malpractice Cases in Connecticut
The birth of a child is a joyful occasion. But when medical negligence causes a preventable birth injury, that joy can quickly turn into fear and uncertainty.
Birth injuries may lead to lasting physical and cognitive challenges for the child. They may need ongoing medical treatment, therapy, or specialized care. These challenges can place enormous emotional and financial strain on families. Mothers may also suffer physical and emotional effects due to birth injuries, adding to the hardship.
What Is Birth Injury?
A birth injury is any physical harm a baby suffers during labor, delivery, or shortly after birth. They range from mild to severe and may leave children with serious disabilities.
An estimated 2 out of every 1,000 live births result in injury to the baby. While some birth injuries are unavoidable, many result from a medical professional’s failure to provide the standard of care.
What Are the Most Common Labor, Delivery, & Birth Injury Errors?
Medical malpractice during labor and delivery can take many forms. Here are some of the most common medical errors associated with birth injuries in Connecticut:
- Improper use of forceps or vacuum extraction
- Inadequate fetal monitoring
- Failure to induce labor when medically necessary
- Delayed or missed C-section when complications arise
- Failure to diagnose or respond to maternal or fetal distress
- Medication or anesthesia errors during labor
- Failure to treat maternal infections, such as Group B Strep
These issues can have devastating consequences. Babies may suffer oxygen deprivation, physical injuries, or even death.
What Are Some Signs of a Birth Injury in Connecticut?
Some birth injuries appear immediately after delivery, while others may not be noticeable until weeks, months, or years after birth. If your child shows any of the following symptoms, seek medical advice promptly, then contact our Connecticut birth injury lawyers:
- Abnormal muscle tone
- Arm or hand weakness
- Broken bones
- Cognitive delays or developmental regression
- Dislocated shoulder or fractured collarbone
- Feeding problems
- Hearing or vision difficulties
- Limp or stiff muscles
- Asymmetrical facial expressions
- Delayed motor skills
- Poor reflexes
- Seizures
- Delayed speech or language development
- Abnormal eye movements
What Are Some Long-Term Effects of Birth Injuries?
Birth injuries often have lasting effects that can impact a child’s physical, cognitive, and emotional development. Children with birth injuries may require mobility aids, special education accommodations, or ongoing physical or occupational therapy.
These are some of the potential long-term outcomes associated with serious birth injuries:
- Brachial palsy: Damage to the brachial plexus nerves during delivery can affect movement and sensation in the arm. Erb’s palsy is a specific form of brachial palsy that impacts the upper arm and shoulder.
- Cerebral palsy: Oxygen deprivation at birth may cause cerebral palsy, which affects muscle tone, coordination, and posture.
- Facial paralysis: Nerve damage during delivery can cause partial or complete loss of movement on one side of the face.
- Hypoxic-ischemic encephalopathy, or HIE: When a newborn’s brain doesn’t receive enough oxygen and blood during delivery, they may experience developmental delays or cognitive impairments.
- Shoulder dystocia: This occurs when a baby’s shoulder becomes stuck during vaginal delivery. It can result in nerve injuries, fractures, or long-term mobility problems.
- Spinal cord injury: Trauma during delivery may damage the spinal cord and cause partial or complete paralysis.
How To Determine if You Have a Valid Birth Injury Claim in Connecticut
If you suspect that a medical error caused harm to your child at birth, our experienced Connecticut medical malpractice lawyers can explain your legal options. We offer a free consultation to help your family determine whether you have grounds for a birth injury claim. Filing deadlines apply, so it’s best to take action as soon as possible.
How To Prove Medical Negligence in a Connecticut Birth Injury Case
When building a birth injury case, we aim to prove that your health care provider failed to meet the accepted standard of care. This means showing that most other medical professionals would have acted differently in the same circumstances to avoid harm.
Negligence during labor or delivery can involve either action or inaction. In some cases, it may mean not acting quickly enough or failing to act at all when the situation required intervention. In other cases, it might mean using excessive force or administering too much medication.
How To Gather Evidence for a Birth Injury Lawsuit
Your birth injury case is only as strong as the evidence supporting it. Detailed records help our attorneys demonstrate what happened, how it affected your child, and what compensation you may be entitled to. Here’s what we recommend:
- Request all medical records related to your pregnancy, delivery, and your child’s postnatal care.
- Take photographs of visible injuries.
- Keep a journal noting your child’s symptoms, medical appointments, and developmental changes.
- Save all receipts and bills for expenses related to your child’s treatment.
What Is the Statute of Limitations for Birth Injury Medical Malpractice Lawsuits in Connecticut?
The statute of limitations is the legal deadline for filing a lawsuit. Connecticut’s statute of limitations for medical malpractice is two years.
You must file a claim within two years of the date you discovered your child’s birth injury. This discovery exception has its limits—you cannot file more than three years after the date of the injury.
What Are the Legal Options for Parents of Children With Birth Injuries in Connecticut?
If you believe medical negligence caused your child’s birth injury, you may have the right to file a medical malpractice claim. This legal action allows you to seek compensation for the damages related to your child’s injury. If your child passed away from their birth injury, a wrongful death claim may also be an option.
If you are unsure where to start, scheduling a free consultation with our lawyers can help you understand your rights and legal options. Quick action gives us more time to look for evidence of negligence and preserve key evidence before it’s lost, so we encourage you to contact us immediately.
What Are the Steps Involved in a Birth Injury Lawsuit?
Birth injury cases often take months or even years to resolve. The exact timeline depends on factors such as the severity of the injury, the availability of evidence, and the insurance company’s cooperation.
Every birth injury case is unique, but most follow a similar legal process. Here’s what yours might involve:
- Injury and recognition: You notice symptoms or receive a diagnosis that suggests your child may have suffered a birth injury.
- Consulting a lawyer: Our attorneys review your case and explain your legal options.
- Investigation: We collect evidence and consult experts to determine who is liable and calculate your damages.
- Filing the claim: If there’s evidence of negligence, we file a medical malpractice claim against the responsible provider.
- Negotiations: The claim may lead to settlement discussions with the provider’s insurance company. Many cases resolve at this stage without a lawsuit.
- Filing a lawsuit: If settlement negotiations fail, we may file a formal lawsuit in court.
- Discovery: Both parties exchange evidence and take formal statements to support their case.
- Trial: We present your case in court, and a jury decides how much compensation to award you.
Who Can Be Held Liable for My Child's Birth Injury?
Any health care provider whose negligence contributed to the injury may be liable. We can help you determine who is at fault for your child’s birth injury, such as:
- Anesthesiologists
- Birth centers
- Hospitals
- Maternity ward staff
- Medical device manufacturers
- Midwives
- Nurses
- Obstetricians
- Pediatricians
- Radiologists
- Surgeons
What Compensation Is Available for Birth Injury Medical Malpractice Cases in Connecticut?
Families affected by a preventable birth injury may be entitled to compensation for both financial and emotional losses. We help parents pursue full and fair damages under Connecticut law. Compensation in a birth injury malpractice case may include:
Economic Damages
Economic damages are the financial losses associated with the birth injury, such as:
- Past and future medical expenses
- Therapy and rehabilitation costs
- Assistive devices or home modifications
- Lost wages for the work you or your spouse missed while caring for your child
- Loss of your child’s future earning potential
- Future long-term care costs for your child
Non-Economic Damages
Non-economic damages reflect the subjective ways the birth injury has affected your family’s lives, such as:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
Punitive Damages
Punitive damages punish the defendant rather than compensate you for specific losses. They are available in rare cases involving extreme recklessness or intentional harm.
Why Should I Hire a Medical Malpractice Lawyer for My Birth Injury Case?
The health care provider who caused your child’s birth injury likely has medical malpractice insurance to cover your family’s losses. However, getting full and fair compensation from the insurance company can be challenging. Insurers often want you to settle for less than you deserve, and they may use various tactics to encourage you to do that.
Our attorneys have the knowledge and experience with complex medical cases to level the playing field between your family and the powerful insurance companies. You have enough to deal with after a birth injury—leave the legal details to us while you focus on moving forward.
We’ll handle every aspect of your claim on your behalf, including determining what went wrong and who’s at fault. Our connections with expert witnesses allow us to build a strong case proving your health care provider’s negligence and your child’s resulting injury. We can calculate the full extent of your family’s damages and advocate for the maximum compensation you deserve.
How Much Does It Cost To Hire a Medical Malpractice Attorney in Connecticut?
We work on a contingency fee basis. That means you pay nothing upfront for our services. Our fee is a percentage of your compensation, and we only get paid if we win your case.
Why Choose KJSR for Your Birth Injury Claim?
Our firm has spent over 35 years earning the trust of injured individuals and their families throughout Connecticut. In that time, we’ve developed proven strategies for getting results while building meaningful connections with our clients.
Our reputation and client testimonials speak for themselves. Many of our cases come from referrals by other attorneys who trust us to get the best outcomes. Our team has achieved million-dollar and multi-million-dollar settlements and verdicts. We also maintain top peer ratings for our professionalism and ethics.
Kennedy, Johnson, Schwab & Roberge, P.C.: Your Connecticut Birth Injury Malpractice Group
We are proud to serve as trusted advocates for families affected by preventable birth injuries. Let us put our experience, knowledge, and client-centered approach to work for your family during this difficult time.
If your child suffered harm due to medical negligence, we are here to help your family access the resources necessary to move forward. Call us today at 203-865-8430 or contact us online to learn more about your potential birth injury malpractice case in Connecticut.
Birth Injury Malpractice FAQs
You likely have many questions after your child suffers a birth injury. Here are our answers to some common questions we receive from families facing similar situations.
What Are Some Questions To Ask During Your Consultation With a Birth Injury Lawyer?
Asking questions can help you choose the right lawyer. Consider the following:
- What is your experience handling birth injury cases?
- Can you provide examples of results you achieved in similar cases?
- How will you determine whether medical negligence occurred?
- What evidence will you use to support my claim?
- What is your fee structure?
- How often will you update me about my case?
What Is the Statute of Limitations in Connecticut for Medical Malpractice Claims?
Connecticut’s statute of limitations for medical malpractice claims is two years. The two-year countdown may begin on the date you discovered your child’s birth injury. However, you must file a claim within three years of the injury.
How Long Will a Birth Injury Case Take in Connecticut
The timeline varies considerably. Some birth injury cases resolve in a few months, while more complex cases might take years.
What Is the Average Birth Injury Lawsuit Settlement?
An average settlement amount would tell you very little about what your own case might be worth. Settlements range from a few thousand dollars to several million. We can estimate your claim’s value after assessing your unique case.
