Pregnancy and childbirth are often some of the most beautiful times in a mother’s life. Having a child should be life-changing in the best way. Unfortunately, when your newborn suffers a birth injury, life does change, but not in the ways you’d hoped.
If you or your child have sustained a birth injury caused by a negligent provider, do not wait to speak with a Stamford birth injury lawyer at Kennedy, Johnson, Schwab & Roberge.
Birth injuries can be devastating to the newborn child, mother, and entire family. Raising a child with health issues is overwhelming as it is, and with the financial burdens you’ll undoubtedly face, the future can seem unsure and stressful. Kennedy, Johnson, Schwab & Roberge fully understands this, and we’re here for you.
After you or your child suffer a birth injury, we want to help you pursue justice and fair compensation. Along with receiving the highest-quality legal representation, you can also expect to experience the kindness and compassion you deserve during difficult times.
When you’re ready to take action for the wrongs done to you and your child, the Stamford birth injury lawyers at Kennedy, Johnson, Schwab & Roberge are ready to work diligently on your behalf.
A birth injury lawsuit is a legal claim that arises from a birth injury. Birth injuries are internal or external injuries sustained by a newborn child during pregnancy, labor, or childbirth.
Birth injuries fall under the legal area of medical malpractice. Medical malpractice occurs when a healthcare provider or medical facility causes a patient injury as a result of negligent acts or omissions. Because these cases leave victims injured, birth injury cases are also classified as personal injury cases.
Personal injury law protects victims who have sustained injuries at the hands of another. These laws allow victims to pursue justice and fair financial compensation.
If you or your child have suffered injuries during pregnancy, labor, or delivery, a Stamford attorney for birth injuries can review the details of your case and determine whether you have a valid birth injury claim.
Several factors play a role in birth injuries. These cases are particularly complex because birth injuries can occur during pregnancy, labor, or childbirth.
Pregnancy and childbirth put pressure and stress on a woman’s body. Therefore, medical providers must pay special attention to both the mother’s and baby’s health to prevent complications and medical issues.
During pregnancy, doctors must take note of their patient’s health history to prepare for any potential risks. For example, preeclampsia, a blood pressure condition that develops during pregnancy, could put an expectant mother’s health in danger. And when a mother’s health is at risk, so is her baby’s.
Labor is a hectic time as the expectant mother’s body prepares for childbirth. During labor, babies should be monitored for signs of distress. Fetal distress can cause a baby in utero to lose oxygen, which could result in serious health complications or even death.
During childbirth, medical providers must take special care to safely deliver the child. This may require making quick decisions, such as opting for a Cesarean section rather than vaginal birth, especially if a baby is breech or in distress. Additionally, if excess force is used during childbirth, a baby can suffer serious medical complications.
If you or your newborn baby suffer harm as a result of negligence, do not hesitate to discuss your case with a Stamford attorney for birth injuries. A knowledgeable lawyer can provide sound legal advice and guidance.
Birth injuries set themselves apart from other types of injuries because of the high likelihood of lifelong consequences for a child’s health. While, in some cases, babies recover from their injuries, it is common for their quality of life to suffer immensely.
Some of the most common lasting effects on babies after sustaining birth injuries include:
When a baby suffers a serious birth injury, families are left to face expensive medical bills for long-term care. If your child sustains a birth injury due to medical negligence, you may have the right to aggressively pursue compensation to help cover these necessary costs.
Determining liability is one of the most crucial parts of a birth injury claim. Typically, your Stamford birth injury attorney will first need to figure out what caused the birth injury. The cause of the injury can then shine some light on liable parties.
One person alone may hold sole responsibility; alternatively, several parties can share liability. Some of the common parties that could be held liable in a birth injury case include:
Additionally, healthcare facilities like hospitals could be liable for birth injuries.
To successfully prove a party’s liability, you must establish certain details. Among these, you have to prove that the defendant treated you, that they owed you a duty of care, that they breached the duty owed to you, and that their actions caused your harm.
Your Stamford birth injury lawyer will thoroughly investigate your case to determine which parties could be held responsible for your injuries and losses.
Birth injuries can have a tremendous impact on finances. Therefore, it’s only fair to seek monetary recovery for your losses.
Damages for birth injury claims depend on the specifics of each case. However, some of the damages you may be entitled to receive include:
Your Stamford lawyer for birth injuries can review all of your monetary and nonmonetary losses to accurately calculate your damages and pursue full and fair compensation.
Birth injury cases are unique. Sometimes, newborns suffer injuries for reasons beyond a treating provider’s control. Additionally, many confuse birth injuries with birth defects, but the two are not the same. A birth injury might be caused by negligence, but a birth defect develops while the baby is in utero.
When you believe you or your child suffered harm because of medical negligence, it’s worthwhile to discuss your situation with a Stamford birth injury lawyer. A knowledgeable attorney will review the details of your case to determine whether you have a viable claim. If so, your lawyer can protect your rights and fight diligently on your behalf.
Statutes of limitations are laws that limit the time a plaintiff has to file a civil lawsuit. Because birth injury claims fall under medical malpractice, you must note the statute of limitations for medical malpractice cases.
In Connecticut, the law typically provides two years (and no more than three years) to file a medical malpractice lawsuit. The clock begins to run once you discover, or reasonably should have discovered, the birth injury that caused you or your baby harm.
If you happen to miss this time limit, it could impact your ability to pursue the financial recovery you deserve. Therefore, it’s critical to take your case to a Stamford attorney for birth injuries as soon as possible.
While you are free to represent yourself in your birth injury case, it is truly in your best interests to have a qualified lawyer on your side. A Stamford birth injury attorney has the experience, resources, and tools to provide quality legal representation and fight for your right to fair compensation.
From calculating your damages and obtaining evidence to negotiating on your behalf and representing you in court, you can rely on your Stamford lawyer for birth injuries to handle it all. Having an attorney on your side can give you much-needed peace of mind and put you in a good position to reach a more favorable resolution.
When you or your child have suffered life-changing birth injuries, you are not alone. The Stamford birth injury attorneys at Kennedy, Johnson, Schwab & Roberge are here for you, every step of the way.
At Kennedy, Johnson, Schwab & Roberge, L.L.C., we handle all Birth Injury cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.