“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 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
- 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 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 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 Connecticut 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.
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