The occasion of welcoming a newborn should be a joyous moment. Sadly, tragedy can strike when medical professionals are negligent during pregnancy, labor, or delivery. Childbirth caused by negligence brings life-long devastation to the parents as well as the children.
Suppose you believe medical malpractice was at play for your child’s birth injury. If that is the case, you need to speak with an experienced and knowledgeable birth injury lawyer in New Haven to guide you through the child injury lawsuit. Even though money can not fully compensate someone for a life-changing birth injury, a lawyer can get you the compensation to help reduce the financial burden.
At Aeton Law New Haven, our medical malpractice lawyers have the experience and credibility to hold negligent health care professionals responsible for severe birth injuries. You can reach our offices to schedule a free consultation by calling 860-785-2099.
- 1 Common Examples Of Birth Injuries & Medical Negligence
- 2 Common Types Of Birth Injuries
- 3 How Do I Know If A Birth Injury Was The Result Of Medical Negligence?
- 4 What Kind Of Compensation Can You Recover For A Birth Injury Claim In Connecticut?
- 5 How Can An Attorney Help?
- 6 Connecticut Statute Of Limitations For Birth Injury Cases
- 7 How Much Does A New Haven Birth Injury Lawyer Cost?
- 8 Speak With A Qualified Connecticut Birth Injury Lawyer Today
Common Examples Of Birth Injuries & Medical Negligence
Birth injuries can be caused by negligence when performing the following tasks:
Improper Vacuum Usage
During complicated deliveries, doctors may be forced to use a special vacuum to extract a baby. The device attaches to the infant’s head and generates a suction force that pulls the infant while the mother pushes during contractions. If this procedure is performed incorrectly due to carelessness or negligence, both mother and baby can suffer injuries.
This situation occurs when the infant’s brain is not getting enough oxygen. It may happen when the child gets entangled in the umbilical cord. Health care professionals are taught how to detect and prevent hypoxia. A doctor may be culpable for birth injuries sustained if they fail to notice and take action against hypoxia. Failure to address hypoxia on time can cause lifelong mental and physical disabilities.
Delay In Ordering Of A C Section
In a situation where delivery is delayed, the infant can sustain birth injuries when the delivery team waits too long to induce childbirth. Medical professionals are trained to notice situations that call for an induced delivery, like fetal distress and other obstetric emergencies. The risk of birth injury increases when delivery is delayed. Experts say that doctors’ decision to perform an emergency C-section should not be delayed by more than 30 minutes.
Improper Use Of Forceps
When a mother is experiencing a difficult delivery or when the child is poorly positioned in the womb, the doctor may be forced to use forceps to pull out the baby and ease the delivery. Improper use of forceps can cause head trauma and nerve damage. Doctors should exercise extra caution when using forceps in a complicated delivery.
Common Types Of Birth Injuries
A negligent medical professional can cause the following types of injury during birth:
During a complicated delivery, shoulder dystocia, a condition whereby the baby’s anterior shoulder gets caught above the mother’s pubic bone, can cause injuries to the nerves that supply the baby’s arms and hands (brachial plexus). Brachial palsy causes the infant to lose the ability to rotate or flex the arm. Movement should be restored within a couple of months if the injury only bruised the nerves. Permanent nerve damage can occur if the nerves are torn.
This birth injury develops and occurs when the child is traveling through the mother’s birth canal. It is characterized by a significant inflammation of the soft tissues in the baby’s scalp, which may also cause bruises. It is associated with vacuum extraction deliveries. The swelling goes away after a few days.
During a child’s delivery, bleeding can occur in the region between the skull bone and its fibrous covering. Several hours after the delivery, a lump forms on the baby’s head. The Cephalohematoma can disappear on its own within three months when the body reabsorbs the blood.
During childbirth or labor, putting pressure on a child’s face may injure or tear the facial nerves. Facial paralysis can also occur when doctors use forceps to deliver the baby. The injury causes loss of movement in the affected region and is noticeable when the baby cries because they can’t close the affected side’s eye. If the facial nerves were only bruised, recovery would take a few weeks, but surgery will be required for torn nerves.
This occurs when small blood vessels in an infant’s eyes break, causing the white part of the eye on one or both eyes to have a bright red band. Subconjunctival hemorrhage doesn’t cause eye damage, and the redness usually disappears within a week or ten days.
How Do I Know If A Birth Injury Was The Result Of Medical Negligence?
Sometimes, birth injuries happen in avoidable circumstances. When this is the case, it’s in your best interest to hire an experienced birth injury lawyer to help you hold the negligent doctor(s)/party(s) accountable. A New Haven birth injury lawyer will evaluate your infant’s medical record to determine if negligence was at play.
Additionally, we will work with medical experts to review your information and determine whether medical malpractice entirely or partially caused your infants’ injury. If the experts conclude that the standard of care wasn’t met, you might have a viable birth injury lawsuit.
What Kind Of Compensation Can You Recover For A Birth Injury Claim In Connecticut?
In Connecticut, our New Haven medical malpractice attorneys at Aeton Law can recover the following damages after a birth injury:
Economic damages have a specific dollar amount and include costs like:
- Medical expenses – We can recover economic damages to cover past and future medical costs for surgeries, physical therapy, rehabilitation, medical tests, and medical equipment, such as walking canes and wheelchairs, travel costs, and prescription drugs.
- Lost wages – Birth injuries can cause parents of the infant to be unable to work, resulting in lost income. Luckily, our birth injury lawyers can help you get compensation for all past and future lost wages.
Non-Economic damages cover the emotional and mental anguish caused by your infant’s birth injury like anxiety, fear, depression, and other emotional issues.
Our lawyers will carefully assess your situation to determine the extent and value of the damages. Additionally, our attorneys will also advise you on how you can improve your chances of recovering the compensation you deserve.
How Can An Attorney Help?
If you choose to pursue a medical negligence lawsuit involving a birth injury, it would be best to hire an experienced birth injury lawyer because they know how to investigate these cases and the procedures for lodging such claims.
A birth injury attorney will:
- Review your medical records like lab test results, MRIs, CT scans, and medical charts
- Review videos from the operating room where the birth injury occurred, if available
- Interview witnesses
- Investigate the allegedly at-fault medical professionals to find past cases of malpractice with other patients
- Consult medical experts to determine where and when the malpractice occurred and how it caused the birth injury.
- Help you collect medical receipts and bills for injuries sustained.
In Connecticut, the laws state that medical malpractice lawyers have to make a rational inquiry to show a good faith belief that negligence occurred by obtaining another medical professional’s written opinion similar to the one provided by the medical practitioner facing medical malpractice charges.
Our attorneys have enough experience and determination to help you with your birth injury lawsuit.
Connecticut Statute Of Limitations For Birth Injury Cases
Most people do not know about Connecticut’s deadline or statute of limitations for filing birth injury lawsuits. Medical malpractice cases in Connecticut have a statute of limitations of 2 years from the day you learned of or sustained the injury.
Our medical malpractice lawyers can help determine when your birth injury claim’s statute of limitations started and when it will end. We can help to ensure that you don’t miss the deadline for filing a lawsuit for your case.
How Much Does A New Haven Birth Injury Lawyer Cost?
Some injury victims choose not to work with birth injury lawyers because they think they will not afford them. However, our medical malpractice lawyers at Aeton Law work on a contingency fee basis. This means that you will have a free consultation with your attorney with no obligation to pursue the case.
Our lawyers will determine if your claim is viable and if you decide to proceed with the case, we will not charge you anything until we can recover compensation for you. This allows you to move forward with the claim without worrying if you can afford expert legal advice and representation.
Speak With A Qualified Connecticut Birth Injury Lawyer Today
Pursuing a medical malpractice lawsuit can be challenging because hospitals and HMOs protect doctors and other medical personnel charged with medical malpractice. In some situations, hospitals go to the extent of transferring staff, “misplacing” information, or failing and refusing to produce a patient’s medical record in an attempt to avoid a lawsuit.
At Aeton Law, our track record of success with birth injury lawsuits in New Haven, Connecticut, speaks for itself. We promise to deliver nothing short of our best to help you recover the maximum settlement for your damages, even if it means going to trial.