When Is A Lawsuit An Option?
In order to sue for medical malpractice after a birth injury, you must first prove that your healthcare provider was negligent. If a nurse, obstetrician, doctor, or other healthcare provider breached the accepted standard of care for his or her field and your child suffered a birth injury as a result, he or she may be considered negligent.
This applies to any situation where a similarly qualified doctor would have done something different. For example, if complications during a vaginal birth could have been prevented by administering a c-section and a birth injury occurred, that doctor could be considered negligent for a failure to order the c-section.
Determining negligence usually involves a careful evaluation by a medical professional in the same field as your doctor. This can be handled by an experienced Connecticut birth injury lawyer who has contacts in the medical profession.
Connecticut Malpractice Laws & Statutes
Each state has their own set of laws which govern medical malpractice lawsuits. Some of the Connecticut laws affecting birth injury malpractice claims include:
Time Limits For Filing A Claim
In any medical malpractice claim, you must file the lawsuit within a set number of years, which varies by state. This is known as the statute of limitations.
Determining the starting date of the statute of limitations is more complex for birth injury claims, and depends on a variety of circumstances unique to your case – such as how the injury occurred and when it was discovered.
If you suspect that your baby’s injury was caused by medical malpractice, you should take legal action as soon as possible. This is the best way to make sure you meet the requirements of the statute of limitations.
Does Connecticut Have A Damages Cap?
Some states limit the amount of financial compensation you can receive in a medical malpractice case. Connecticut is not one of these states. The amount of compensation you can receive will be based on a number of factors, including:
- The severity of your child’s injury
- The degree of medical negligence
- The direct financial cost of expenses related to the injury
- Compensation for noneconomic damages, like pain and suffering or loss of quality of life
- Punitive damages for cases of extreme negligence
It’s impossible to estimate how much your case could be worth until you have it closely reviewed by both a birth injury lawyer and respected medical professional.
Certification Of Merit
In Connecticut, you and your lawyer are required to submit proof of your healthcare provider’s negligence before a lawsuit can be filed. This usually involves a report written by a qualified medical professional, which gives an opinion that negligence was involved. You have the option to keep this medical professional’s identity confidential.
How To Take Legal Action After A Birth Injury
As we mentioned above, it’s important to take legal action as soon as possible following a birth injury. This is often the only way to recover the financial compensation your family needs and to hold your healthcare provider liable for the damages they’ve caused.
We understand the common questions and financial concerns families face after complications from a serious birth injury – that’s why we offer free consultations and only require payment if and when we help you secure compensation. This way, you can determine if you have grounds for a lawsuit and seek the coverage you need with no financial risk.
To find out more about how your child can get the financial support he or she needs, contact us today for a free consultation.
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