Although the majority of children in the United States are born without medical complications, sometimes the birthing process results in birth injuries such as Erb’s palsy. Birth injuries can mean a lifetime of expenses for a child’s healthcare services, caregivers, special therapies, medication and more, along with the emotional suffering of the child and parents.
Birth injury law in Connecticut is complex, and it can be difficult to know what steps to take if you have reason to believe that your child’s medical problems were caused by improper or faulty care from a doctor or other medical personnel. Connecticut birth injury attorneys can help you to understand your options and navigate the legal process.
Prompt action is required because there is a statute of limitations on the amount of time that can pass between when your child was injured and when you can file a legal claim. In the state of Connecticut, any lawsuit arising from medical malpractice must be filed within two years of the date when the injury was discovered (or reasonably should have been discovered) with a maximum of three years from the date of the medical mistake that caused the injury.
While the Connecticut statute of limitations states that a medical malpractice lawsuit must be filed within two years, that time period usually does not begin to run until the moment when the person filing the lawsuit suit knew (or could reasonably have known) that the child suffered harm and the nature of that harm. This is known as the discovery of harm rule.
However, in Connecticut the discovery of harm rule only can extend the statute of limitations for up to one additional year. After three years, you may not be able to recover damages in court. Unlike most states, Connecticut does not postpone the statute of limitations because the injured person is a minor.
An experienced birth injury law firm can help handle your case in a timely manner and can help you avoid costly mistakes. If you believe that your child suffered a preventable birth injury, you should contact an attorney immediately.
Victims of birth injuries in Connecticut rely on the skill and professionalism of the birth injury lawyers at Silver Golub & Teitell LLP. We take birth injury cases on a contingency fee basis.
Contact us to find out how we can help.