The birth of your child is one of the important moments of your life and is usually a very joyous occasion. Unfortunately, a medical error could put your baby’s life at risk. The results could be tragic or create lifelong, devastating impairments for a child, a life-threatening complication for the mother, or a combination of both. Birth injuries are among the most heartbreaking of the medical malpractice types, and to make matters even worse, these are errors that are often hard to prove. Our Connecticut birth injury lawyer can help!
If you have any reason to believe that medical malpractice resulted in your newborn’s injuries, contact Aeton Law today on (860) 724-2160 so that our personal injury lawyers review your case for free.
Common Examples Of Birth Injuries Caused By Medical Negligence
Unfortunately, birth injuries often take several different forms. Errors can occur when a mother is in the earlier stages of her pregnancy, up to the birth. In many instances, a birth injury can result due to the negligence of nurses, doctors, OBGYNs, or any other professional that played a role in the process of delivering the baby. Here are some of the common examples of malpractice or negligence that often result in one or more birth injuries:
- Failure to detect a problem in genetic screenings, prenatal ultrasounds, or any other tests.
- Failure to monitor the mother for any signs of eclampsia, preeclampsia, or other complications.
- Misuse of forceps or vacuum extractors.
- Failure to induce labor with oxytocin (Pitocin).
- Delays in ordering a C-section.
- Failure to perform a maneuver to reposition the infant to ensure a safer delivery.
- Hypoxia.
Failures in any of these areas could lead to serious complications which often make the delivery or pregnancy more dangerous. In addition, any lapses that occur when it comes to monitoring the child and mother’s health after delivery can also result in serious consequences.
What Are The Common Types Of Birth Injuries In Connecticut
A birth injury has the potential to affect the child, the mother, or both. Depending on how or when malpractice or negligence has occurred in the delivery or pregnancy, both the mom and the infant could be in danger. Common examples relating to birth injuries that affect the baby include:
- Shoulder dystocia
- Cerebral palsy
- Hypoxia (or lack of oxygen reaching the brain)
- Bone fractures
- Klumpke’s palsy
- Erb’s palsy
- Spinal cord injury
- Traumatic brain injury
- Injury to the facial nerves, resulting in paralysis, weakness, or drooping
- Meconium aspiration (occurs when a baby breathes in waste and amniotic fluid in the womb)
How Will I Know If A Birth Injury Was Caused By Medical Negligence?
A complicated aspect relating to any type of medical malpractice or negligence case is to prove that one party or more was involved in caring for your child and they displayed negligence. In simple terms, malpractice has occurred when:
- Medical professionals have violated the “duty of care” owed to the patient.
- This violation breaches the standards set by the particular medical profession.
- When given this same situation, competent medical professionals wouldn’t have committed this same error.
So-called “simple mistakes” might not qualify as medical malpractice. At the same time, the law might permit a latitude that is greater for specialists, doctors, or any other staff that provide care in circumstances that are extraordinary, such as medical crises or emergency C-sections.
Our attorneys will thoroughly investigate the medical treatment provided through the course of the mother’s pregnancy, the actual delivery, and the aftercare for any signs of malpractice or negligence. We are experts when it comes to identifying negligent parties. These may include:
- The OBGYN or G.P. you used during prenatal care
- Surgeons
- Doctors involved in both the delivery and the aftercare
- Medical assistants and nurses
- Anesthesiologists
In certain cases, the hospital could also be held liable. This is a liability that could stem from conditions that were unsanitary, overlooking previous employee errors which could have compromised the safety of the patient, or any other negligent acts that may have played a role in the birth injury.
What Type Of Damages Do Birth Injury Claims Cover?
When it comes to building a lawsuit for your birth injury, Aeton Law will go after the maximum compensation you can get for your child, you, and the rest of your family. This could include:
- Medical expenses for delivery, prenatal care, your stay in the hospital, and any appointments after the birth for your child and you.
- Loss of income for the time your spouse or you had to take off work.
- Projected costs for rehabilitation, medical expenses, vehicle, and home modifications, and more.
- Pain and suffering for either the child, mother, or both.
Birth injury lawsuits are unique when it comes to personal injuries since the victim is usually just starting out in life. Parents that were looking forward to a happy and healthy baby might now be faced with many years of unexpected emotional, financial, and physical hardship.
This is why it is so important to acquire the services of an expert lawyer that has knowledge and experience in cases involving malpractice. A favorable outcome can reward you for any damages already incurred, and expected costs you might have going forward.
How Soon Should I Contact An Attorney For A Birth Injury Claim?
It is vital to take legal action immediately if your baby has suffered an injury caused by medical negligence. Similar to other states, Connecticut has a stringent statute of limitations when it comes to filing for a birth injury claim. If you are not able to file your lawsuit in the set timeframe you could risk a court refusing to hear the case.
How Can A Birth Injury Lawyer In Connecticut Help?
If your baby has suffered injuries during birth, consequences relating to the injury can be emotionally devastating and catastrophic. Aeton Law in Connecticut has lawyers that are more than willing to provide expert legal assistance and compassionate counsel during this extremely challenging time.
Our team of lawyers will work on:
- Identifying the exact cause relating to the injury.
- Determine whether a nurse, doctor, specialist, or any of the other healthcare providers failed to adhere to the “standard of care” that this profession requires.
- Calculate and evaluate the current and future costs of your baby’s care and injuries.
- Negotiate a settlement that will strive towards making you and your child whole.
- When the settlement that is offered is not fair, we will go ahead with filing a lawsuit to go after compensation during the trial
What Is The Statute Of Limitations For A Birth Injury Claim In Connecticut?
In Connecticut, a plaintiff will only have two years to file what is known as a medical malpractice lawsuit (from the date of the injury). The clock only starts ticking once the baby’s injury is found or should reasonably have been found. This is called the “discovery of harm rule”. However, in Connecticut, the “discovery of harm rule” only extends the statute of limitations for a year.
How Much Does A Birth Injury Attorney In Connecticut Cost?
The best birth injury law firms won’t charge upfront fees. The experienced birth trauma attorneys at Aeton Law provide an evaluation of your case for free, and they work on what is known as a contingency-fee basis. This means they won’t collect any of the legal fees until they win your lawsuit.
Contact A Connecticut Birth Injury Lawyer Today
Our compassionate and knowledgeable Connecticut birth injury attorneys know how devastating a medical error can be and that it could lead to lifelong disability, ongoing hardship, and medical treatments. Contact Aeton Law in Connecticut, so we can review your case, and advise you on the applicable laws, along with your best legal option to move forward. Statutes of limitations are applicable, so do not hesitate to call us at (860) 724-2160 so that we can help you get started.