Every year, thousands of Connecticut families receive some of life’s best news – the coming birth of a child. Throughout pregnancy, labor, and delivery, they’re assisted by a variety of medical professionals. We trust these professionals to make sure the process goes smoothly, but it doesn’t always work out this way. Sometimes medical mistakes lead to serious birth injuries, which may require financial compensation in a malpractice claim.
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Our local birth injury malpractice lawyers understand how Connecticut malpractice cases work. We’re prepared to help your family recover the compensation you need to help your child live comfortably.
— Laurence Banville, Esq.
"They Cared." Always there to answer our questions and made sure our son got the help he needs.
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If your family has recently been affected by a birth injury, it’s important to know you’re not alone. In the United States, approximately 7 in every 1,000 live births involves a birth injury. This works out to about 28,000 serious birth injuries per year. If we apply this figure to Connecticut’s population, that means that about 250 Connecticut families are affected by birth injuries each year.
Most families do not have the financial means to account for the high lifetime expenses of raising a child with a serious birth injury. This is why it’s important to consider taking legal action through a medical malpractice lawsuit. These lawsuits can help you family recover the financial assistance you need for your child, and also hold irresponsible medical professionals liable for their negligence.
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.