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Birth Injuries Lawyer in Fairfield, CT

A birth injury that could have been prevented could turn your life and that of your new baby’s, upside-down instantly. But you do not have to face the aftermath alone. A successful birth injury-related medical malpractice lawsuit in Fairfield could recover economic and non-economic damages.

Fairfield, CT

“Filing a lawsuit for your baby's birth injury may be the only way to obtain the financial compensation your family needs. If you need to pay for long-term medical expenses and cover lost wages for lost work to care for your injured child, your financial future may very well depend on whether you hold the at-fault party responsible for the injuries.”

Birth Injury Attorneys In Fairfield CT

Of every 1,000 infants born in the United States, six to eight of them are born with a birth injury. That means that approximately one in every 9,714 people in the United States come into this world with a birth injury. And as you can imagine, a birth injury can be among the most severe and catastrophic of all injuries, not only for the baby and their future but also for the unsuspecting parents.

Most Common Birth Injuries

Birth injuries are very unpredictable, though they are highest for mothers between the ages of 25 and 29, requiring a birthing tool-assisted delivery. Birth injuries are less common in mothers who range from 40-54. That said, birth injuries for mothers between the ages of 25 and 29 delivered via non-instrument vaginal births.

The experienced birth injury attorneys at Buckley Wynne & Parese Personal Injury Attorneys can assist parents with the following types of birth injuries:

  • Brachial Plexus Injury
  • Broken Bones
  • Caput Succedaneum
  • Cephalohematoma
  • Cerebral Palsy
  • Hypoxic Ischemic Encephalopathy (HIE)
  • Intracranial hemorrhage
  • Spinal cord injuries
  • Subconjunctival hemorrhage

Potential Causes of Birth Injuries Aligned with Malpractice

While some birth injuries are defects that could have been inherited or otherwise unavoidable, injuries can be the result of medical malpractice by a Fairfield hospital or person who delivered the baby. Examples of malpractice involving a birth injury frequently include:

  • A physician or nurse that failed to properly react to signs of infant distress on a fetal heart monitor
  • An obstetrical doctor allowed labor to take too long despite evidence that the baby was under stress – in these cases, a caesarian section might have prevented the birth injury
  • An obstetrician may not have taken proper measurements to obtain critical diagnostic information from ultrasound imaging or other prenatal tests
  • Evidence existed that the pregnancy or birth might be a difficult one and would have been better managed by a maternal-fetal medicine specialist

Proving Negligence and Pursuing Compensation for a Birth Injury

Causation links the defendant's breach of duty and your baby's birth injuries. This means that the plaintiff's injuries directly resulted from what the defendant did or failed to do. Your attorney at Buckley Wynne & Parese Personal Injury Attorneys must prove that the doctor or hospital's negligence caused or contributed to your baby's injuries. You will need evidence such as your child's medical records, diagnosis, and statements from birth injury specialists to prove negligence.

Common defenses during birth injury lawsuits are that the birth injury or defect would have occurred even without the defendant's alleged negligence. You and your attorney must establish that your baby's injuries would not have happened were it not for the defendant's malpractice. Medical experts must testify to applicable legal standard. You must hire an experienced birth injury attorney for these reasons.

Timing to File a Birth Injury Lawsuit in Fairfield Connecticut

If your new baby has been subject to a serious birth injury in Connecticut, there are things you need to know. Generally a claim must be brought within two years however there may be factors which allow longer periods of time. You must bring your baby's birth injury claim within two years of the date that the birth injury took place. However, injuries or complications in infants are often complex to detect soon after the baby is born. In many cases, injuries and related disabilities do not appear until a toddler or older.

Most states allow extra time, referred to as a "discovery of harm" rule, which means that the statute of limitations can be extended in cases where the injury could not reasonably be discovered within two years. In cases like this, the clock starts running on the date where you should reasonably know that the child had a birth injury. However, Connecticut has an absolute deadline of three years for all medical malpractice claims, regardless of when the injury was discovered. For this reason, if you have any suspicion that your child has suffered a birth injury, you should reach out to an experienced birth injury attorney right away.

Compensation Anticipated for a Birth Injury Lawsuit in Connecticut

Filing a lawsuit for your baby's birth injury may be the only way to obtain the financial compensation your family needs. If you need to pay for long-term medical expenses and cover lost wages for lost work to care for your injured child, your financial future may very well depend on whether you hold the at-fault party responsible for the injuries. A successful birth injury-related medical malpractice lawsuit in Fairfield could recover economic and non-economic damages.

Economic damages may include:

  • Medical expenses including past and future costs of the child’s medical care. Expenses can include those related to doctor’s appointments, surgeries, specialists, therapies, rehabilitation, medications, medications, treatments, and medical devices related to the birth injury.
  • Disability costs if the birth injury caused a lifelong disability. Lifelong damages may include the costs of life support, live-in nursing care, ongoing medical care, and home or vehicle modifications.
  • Special education for a child with cerebral palsy or another cognitive condition. In these situations, the child may require special education and occupational, behavioral, and speech therapies.
  • Lost wages for missed work to bring the child to medical appointments.
  • Court costs and legal fees as the defendant may also have cover expenses for the plaintiff’s birth injury lawsuit and court costs if the defendant does not win the civil lawsuit.

Economic damages may include:

  • Physical pain and suffering
  • Emotional distress
  • Mental anguish and psychological trauma
  • Lost quality or enjoyment of life

Contact Buckley Wynne & Parese

A birth injury that could have been prevented could turn your life and that of your new baby’s, upside-down instantly. But you do not have to face the aftermath alone. Call the team at Buckley Wynne & Parese Personal Injury Attorneys right away to schedule a consultation and case review and find out what legal recourse you could take and what compensation you can anticipate.

Fairfield Personal Injury Lawyer: 1.800.445.2278

OR TEXT 203-409-8319

Or E-mail Us Your Questions

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Client Reviews of Our Fairfield, CT Personal Injury Attorneys

    Friendly, professional and VERY responsive!

    Friendly, professional and VERY responsive!

    Attorney John Buckley was highly recommended to me by quite a few people and upon my first meeting to discuss my case, I knew immediately that I was in good hands. He took his time to explain everything to me in great detail and stayed in communication throughout my entire case. His staff was also extremely friendly, professional and VERY responsive! I actually never had to reach out about my case because they over-communicated with me from beginning to end. My accident was very unfortunate, but I’m extremely grateful I was working with Attorney Buckley through it all! I highly recommend this law firm!!!

    - Jamie B.

    Respectful, extremely knowledgeable, & understanding

    Respectful, extremely knowledgeable, & understanding

    Recently engaged BWP concerning a motor vehicle accident. From the initial consult, and continuing throughout the entire process, John Parese and the entire staff were respectful, extremely knowledgeable, understanding of my goals and supportive to work towards achieving the best possible outcome. It was a very seamless, friendly relationship and a firm that I would highly recommend to anyone.

    - Robert T.

    Couldn’t have been happier with the services I received!

    Couldn’t have been happier with the services I received!

    I contacted BWP in June 2019, after I was hit by a drunk driver. John Wynne was my attorney. I couldn’t have been happier with the services I received. Everyone I dealt with was very professional and made sure I had all the help I needed. I highly recommend this law firm.

    - Valerie

    Quick and consistent.

    Quick and consistent.

    John Buckley was quick and consistent in relaying information to me regarding litigation, and he and his staff were always very supportive of any requests I made. John’s experience and strategic expertise made the difference in dealing with the insurance company, and we achieved the best possible outcome thanks to his vigilance. Cannot recommend BWP highly enough!

    - Richard

    Thorough, caring, and patient.

    Thorough, caring, and patient.

    I don't have the words to describe how wonderful John Parese was to work with. He took my family and I under his wing during a difficult time. He was by our side for 3 years while I was treated. He was thorough, caring, and patient. He was always there to answer questions and made us feel that he was in our corner. John explained our options and walked us through the process many times. It was WAY outside of my comfort zone to go to litigation, but he believed in me and my case. He was phenomenal in court and I was very proud to be part of his team. We are forever thankful and would recommend him to anyone!

    - The Yanellis

    Kind, patient, honest and extremely knowledgeable.

    Kind, patient, honest and extremely knowledgeable.

    John Parese is an excellent attorney who provided care that was needed at an extremely difficult and a long period of time. He and his team are very dedicated and gave professional guidance in various aspects. I am very grateful for having received a degree of release for the painful accident, and trauma which was unfortunate and terrifying. Mr. Parese is very kind, patient, honest and extremely knowledgeable. I'd highly recommend his help to people in need.

    - Xueping Q.

    Two thumbs up!

    Two thumbs up!

    John Parese is an amazing attorney! He constantly checked in with me to make sure I was feeling better after my accident and gave me updates on where we were in the process. I never doubted that I was in good hands. Thank you John and also to your team! Two thumbs up!

    - Kristen R.

    Wonderful staff.

    Wonderful staff.

    Wonderful staff. They gave the impression that they really care for their clients. I will call on them again if I need in the future.

    - Kelly B.

    Excellent attorney who always fights to protect his clients.

    Excellent attorney who always fights to protect his clients.

    John has assisted me with several issues. He is an excellent attorney who always fights to protect his clients. I was able to recover medically knowing John was fully handling the insurance and issues with my case. I will continue to use him in the future.

    - Danielle Q.

    Very professional and his team is wonderful!

    Very professional and his team is wonderful!

    Attorney Parese helped me with my car accident. He is very professional and his team is wonderful. I highly recommend his services for car accidents!!! Thank you John.

    - Walter P.