Connecticut Birth Injury Lawyer
A birth injury can upend your family’s lives forever, both emotionally and financially. You may be eligible for compensation if medical malpractice or negligence caused your child’s injury. Call a Connecticut birth injury lawyer from Kennedy, Johnson, Schwab & Roberge, P.C., at 203-865-8430 or contact us online to learn more.
Table of Contents
- Your Connecticut Birth Injury Lawyers: Kennedy, Johnson, Schwab & Roberge, P.C.
- What Is a Birth Injury?
- Recognizing Birth Injury Symptoms
- Long-Term Effects of Birth Injuries
- Determining Liability in Birth Injury Cases
- What Types of Compensation Are Available in a Birth Injury Case?
- KJSR Has the Resources To Handle Complex Birth Injury Cases
- Contact Our Connecticut Birth Injury Lawyers Today
- FAQs
Key Takeaways
- A birth injury results from physical trauma that occurs before, during, or shortly after delivery. Some birth injuries are mild to moderate, but others leave children with severe disabilities.
- Many birth injuries happen because of a medical provider’s action or inaction, such as neglecting to intervene in a difficult delivery.
- A legal claim may help your family receive compensation for costs related to your child’s birth injury. These include out-of-pocket expenses and intangible losses such as pain and suffering.
Your Connecticut Birth Injury Lawyers: Kennedy, Johnson, Schwab & Roberge, P.C.
The idea of filing a birth injury lawsuit can be intimidating and overwhelming, especially when you’re already busy with home, work, and family. Our firm is here to help with effective and aggressive representation that puts your family first.
We take the time to create a personalized approach for every client because we know each case is different. Known for our responsive and empathetic style of client service, we prepare each case with intense attention to detail.
Our attorneys draw on extensive experience with complex cases and have a strong track record of securing significant financial recoveries. Notable medical malpractice case results include the following:
- $17 million in a malpractice case involving a stillborn child
- $12.5 million against Stamford Hospital for a wrongful death
- $7.25 million for a victim of psychiatric malpractice in a hospital that resulted in serious injuries
We have fought for Connecticut families for 35 years, impacting numerous lives. We’re proud to bring the same level of commitment to every new case, large or small.
Our Law Firm Services Connecticut Families in These Communities
- Bridgeport
- Danbury
- Greenwich
- New Britain
- New Haven
- Norwalk
- Stamford
- Waterbury
- West Hartford
John Kennedy Jr.
Founding Partner
John J. Kennedy, Jr., is the founding partner of Kennedy, Johnson, Schwab & Roberge, P.C. In 1988, John formed Kennedy & Johnson, along with David Johnson. John is an accomplished trial attorney, spending most of his more than 42 years practicing in Connecticut, representing injured clients before juries.
What Is a Birth Injury?
While birth defects involve congenital disabilities that develop naturally, a birth injury occurs from trauma before or during delivery. Birth injuries often result from preventable negligence. Unfortunately, they affect countless families, and determining how often they occur is extremely complex.
One relatively common injury type is birth asphyxia, which happens in approximately two per 1,000 births in highly developed countries. Roughly 25 percent of infant survivors live with permanent neurological damage.
Other common or potentially severe injury types include the following:
- Subgaleal hemorrhage: six in every 1,000 deliveries involving vacuum extractors
- Spinal injury: one in 29,000 deliveries, with a high rate of long-term disability
- Cephalohematoma: blood pooling beneath the scalp, occurring in approximately one in 10 vacuum-assisted deliveries
Risk Factors for Birth Injuries
Birth injuries have a variety of causes related to pregnancy, labor, delivery, and neonatal care. The most prevalent contributing factors include the following:
- Extremely high or low birth weight
- Abnormal presentation for delivery
- Use of forceps or a vacuum to deliver
- Prolonged or difficult labor
- Premature delivery
- Differences in fetal or maternal body shape
These and other risk factors should indicate the need for close medical monitoring. If providers fail to meet the proper standard of care, causing harm to a child, they may be legally liable.
Legal Options for Parents of Children With Birth Injuries
Many birth injuries happen due to medical errors. If the provider deviated from the prevailing professional standard of care, it constitutes medical negligence or malpractice.
If your child has suffered a preventable birth injury, you may be entitled to pursue a medical malpractice claim and seek compensation for your family. A personal injury attorney experienced with medical malpractice cases can review your case, determine the cause of your child’s injury, identify the responsible parties, and explain your options.
Recognizing Birth Injury Symptoms
Symptoms of a birth injury may appear immediately after delivery, but some do not become apparent until months or years later. An infant, toddler, or older child may begin to show symptoms such as the following:
- Speech delays
- Cognitive delays
- Poor reflexes
- Feeding problems
- Limp or stiff muscles
- Arm or hand weakness
- Lopsided expression
If your child exhibits any of these or other worrisome symptoms, immediately seek a medical examination to get a diagnosis. Consult a birth injury attorney as soon as possible. You may even schedule a consultation before you have a diagnosis, as malpractice cases take time to prepare.
Long-Term Effects of Birth Injuries
While some birth injuries resolve over time, others permanently affect a child’s quality of life. Some children end up with severe cognitive, physical, and developmental disabilities or medical conditions, such as:
- Nerve damage
- Facial paralysis
- Shoulder dystocia
- Spinal cord injury
- Fetal brain damage
- Cerebral palsy
- Brachial palsy
- Erb’s palsy
- Hypoxic-ischemic encephalopathy, or HIE
Many of these conditions require years of treatment, which can strain a family’s financial resources.
Determining Liability in Birth Injury Cases
Health care providers must be accountable for their choices while caring for patients. Potentially liable parties include:
- Obstetricians
- Surgeons
- Nurses
- Radiologists
- Anesthesiologists
- Clinical laboratories
- Hospitals
- Private practices
- Medical device manufacturers
A birth injury lawyer will help you investigate the cause of your child’s injury. Often, our attorneys find one or more providers committed malpractice.
It’s essential to consult with an attorney as soon as possible, as there are time limits for filing a birth injury case. Connecticut has a two-year statute of limitations for most personal injury matters, typically starting on the date of injury.
If you discover your child’s birth injury later, the two-year time frame may begin to run on the date of discovery. However, regardless of the date of discovery, a lawsuit cannot be filed more than three years after the injury date.
What Types of Compensation Are Available in a Birth Injury Case?
Caring for a child with a birth injury can be cost-intensive. If your child’s birth injury has resulted from medical malpractice, you may be able to collect damages that ease the burden.
Malpractice cases typically include economic and non-economic damages. Economic damages compensate you for past, current, and future out-of-pocket costs, such as medical treatments, rehabilitation therapies, mobility aids, and modifications to the home. You may also be able to claim damages for lost wages if your child’s needs have affected your ability to work.
Non-economic damages attempt to compensate you for the intangible losses you and your family have suffered. Types of non-economic compensation include emotional anguish, loss of enjoyment of life, and future lost companionship of a healthy adult child.
KJSR Has the Resources To Handle Complex Birth Injury Cases
Bringing a birth injury lawsuit isn’t something you should do alone. Hospitals and insurance companies have powerful attorneys working hard to protect their bottom lines. You need a reputable birth injury law firm to fight for your rights.
Our Connecticut birth injury attorneys have the experience and resources to help. We’ll conduct a thorough investigation, gather evidence, identify liable parties, negotiate with insurance companies to pursue a fair settlement, and litigate your case if we cannot obtain a full settlement. We handle all the details so you can focus on your family.
Contact Our Connecticut Birth Injury Lawyers Today
If your child sustained a birth injury in Connecticut, Kennedy Johnson is here to help. We understand the financial and emotional weight that comes with caring for a child injured at birth, and we can assist you in holding responsible parties accountable.
We handle all birth injury cases on a contingency fee basis, meaning we don’t get paid unless and until you receive a settlement or judgment.
Consultations are always free. You don’t have to deal with a birth injury alone—call us at 203-865-8430 or contact us online to schedule a meeting with a birth injury attorney.
FAQs
How Common Are Birth Injuries?
While organizations like the Centers for Disease Control and Prevention do not publish nationwide birth injury statistics, research from the early 2000s suggests these injuries may affect six to eight children for every 1,000 births.
How Can I Tell if My Child Suffered a Birth Injury?
A medical evaluation is essential for the diagnosis of any condition possibly related to a birth injury. If you notice any unusual symptoms like cognitive or physical delays, speak with a provider about assessment.
Who Is at Fault for a Birth Injury?
A health care provider may be responsible for your child’s birth injuries if they went against the accepted standard of care. Liable parties can include doctors, nurses, hospitals, testing laboratories, and manufacturers of faulty devices such as vacuum extractors.
How Do I Know if I Have a Valid Birth Injury Claim?
You may qualify to file a lawsuit if a medical professional’s action or lack of action caused your child’s birth injury. If you’re unsure whether you have a claim, contact our experienced attorneys for a free case review.
Is there a Statute of Limitations for Birth Injury Claims?
Connecticut typically provides two years to file a personal injury lawsuit, with automatic 90-day extensions for medical malpractice cases. Extensions are also possible for delayed discovery of the birth injury, up to a maximum of three years from the date of the injury.
What Does It Cost To Hire a Birth Injury Attorney?
Our attorneys work on a contingency basis, meaning you pay nothing unless we win. If you collect compensation, we will receive a previously agreed-upon percentage.
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15 N. Main Street #100 Suite 217
West Hartford, CT 06107
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