Connecticut Birth Injury Lawyer

A birth injury refers to harm sustained by an infant or mother during the labor and delivery process. While some birth injuries occur due to unavoidable complications, many result from preventable medical errors or negligence. Birth injuries can range from minor bruising or temporary nerve damage to severe, permanent conditions that require lifelong care and treatment.

It's important to distinguish between birth injuries and birth defects. Birth defects typically develop during pregnancy due to genetic factors or environmental influences, while birth injuries occur during labor and delivery due to the actions or inactions of medical professionals. When a birth injury results from a healthcare provider's failure to meet the appropriate standards of care, families may be entitled to compensation through a birth injury lawsuit.

Medical professionals can be held liable for birth injuries when their actions or failure to act fall below the accepted standard of care, directly causing harm to the mother or child. This is known as medical malpractice. To establish liability in birth injury cases, several elements must be proven:

• A doctor-patient relationship existed, establishing a duty of care
• The medical professional breached the standard of care expected in similar circumstances by similar health care providers
• The breach directly caused the injury
• The injury resulted in measurable damages

Common examples of medical negligence that can lead to birth injuries include failing to monitor fetal distress, improper use of delivery instruments like forceps or vacuum extractors, delayed cesarean sections, medication errors, and failure to diagnose or treat maternal infections or pregnancy complications. When medical professionals fail to meet their obligations, our Connecticut birth injury lawyers work diligently to hold them accountable.

Birth injuries can manifest in various forms, each with unique causes and long-term implications. Understanding these conditions is essential when evaluating whether medical negligence played a role in your child's injury.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-Ischemic Encephalopathy occurs when an infant's brain doesn't receive adequate oxygen and blood flow during delivery. HIE can result from umbilical cord complications, placental abruption, prolonged labor, or failure to perform a timely cesarean section when fetal distress is evident. This condition can lead to developmental delays, seizures, cerebral palsy, and other neurological impairments. Quick recognition and appropriate medical intervention are crucial to preventing or minimizing HIE, making failures in these areas potential grounds for a birth injury claim.

Shoulder Dystocia

Shoulder dystocia occurs when an infant's shoulder becomes lodged behind the mother's pelvic bone during delivery. This emergency situation requires immediate and proper management to prevent serious injury. When healthcare providers fail to recognize risk factors, such as gestational diabetes or macrosomia (large baby), or mismanage the delivery, the infant can suffer nerve damage, fractured clavicles, or oxygen deprivation. Excessive force or improper delivery techniques can transform a manageable situation into a catastrophic birth injury.

Cerebral Palsy

Cerebral palsy is a group of disorders affecting movement, muscle tone, and posture. While not all cases result from medical malpractice, cerebral palsy can be caused by preventable oxygen deprivation during delivery, untreated infections, jaundice mismanagement, or traumatic delivery. Children with cerebral palsy may require extensive medical treatment, physical therapy, assistive devices, and lifelong care. When this condition stems from medical mistakes during birth, families may pursue compensation to cover these substantial costs.

Brachial Plexus Injuries (including Erb's Palsy)

The brachial plexus is a network of nerves controlling arm and hand movement. Brachial plexus injuries, including Erb's palsy, occur when these nerves are stretched, compressed, or torn during a difficult delivery. These injuries often result from excessive pulling or twisting during delivery, particularly in cases involving shoulder dystocia. While some brachial plexus injuries heal within months, severe cases can cause permanent paralysis or weakness in the affected arm. Many of these injuries are preventable with proper prenatal care and delivery techniques.

At Silver Golub & Teitell, our medical malpractice lawyers bring decades of experience handling complex birth injury cases. We understand the medical and legal intricacies involved in these claims and have the resources to thoroughly investigate what happened during your child's birth.

Our law firm begins by conducting a comprehensive review of medical records, consulting with leading medical experts who can identify deviations from accepted standards of care. We work closely with families to understand the full impact of the injury and calculate current and future damages. Throughout the process, we handle all communications with insurance companies and opposing counsel, allowing you to focus on your child's care.

Whether through negotiation or trial, our experienced Connecticut birth injury lawyer advocates fight to secure maximum compensation for medical expenses, ongoing care costs, pain and suffering, and lost quality of life. 

Connecticut's statutes of limitations establish strict deadlines for filing medical malpractice claims, including birth injury lawsuits. Generally, you have two years from the date the injury was discovered, or reasonably should have been discovered, with an absolute outside limit of three years from the date of the alleged negligent act to file a claim.

There are exceptions to these rules, and the specifics of your case will determine applicable deadlines. Because these time limits are strictly enforced, it's crucial to contact a Connecticut birth injury attorney as soon as you suspect medical negligence may have occurred.

Families affected by birth injuries face extraordinary financial burdens. Successful medical malpractice claims can provide compensation for:

• Past and future medical expenses, including surgeries, therapies, medications, and assistive devices
• Costs of long-term or lifelong care and treatment
• Pain and suffering experienced by the child and family
• Lost earning capacity if the injury affects the child's ability to work as an adult
• Home modifications to accommodate disabilities
• Special education and vocational training needs
• Emotional distress and loss of quality of life

Each birth injury case is unique, and the compensation available depends on the severity of the injuries and their impact on the child's life. Our legal team works with medical experts, life care planners, and economists to accurately calculate the full value of your birth injury claim.