Connecticut Birth Injury Lawyer
For expecting parents, the thought of their child being injured during birth is horrifying and unthinkable. Birth injuries are particularly troubling because the child’s life is just beginning and this time should be one of joy and excitement, not tragedy.
Fortunately, most babies are born healthy and without incident, but the fact remains that things can and do go wrong – and newborn infants and their parents are the ones who must deal with the consequences.
One of the most devastating things that a new parent must deal with is a preventable injury to their newborn. If a doctor or nurse makes a mistake or if complications go undetected or unaddressed, the baby could be irreparably harmed. This could happen during pregnancy, labor, delivery, or care after birth.
When this happens, parents have a right to demand answers, justice, and compensation, especially if the injuries will cause problems for years to come.
The Connecticut birth injury lawyers of Kocian Law Group provide compassionate, aggressive representation to families who are struggling to cope with a birth injury. These cases can be challenging, but justice is never out of reach. Our lawyers treat every client as we would like to be treated, and we approach each case by getting to know you and viewing your situation from your point of view.
We’re ready to fight for you and your child. Let us help you seek the compensation that you need to give your child the best care and treatment possible, both now and in the future.
Call our experienced Connecticut birth injury attorneys today to schedule a free, confidential, no-obligation consultation now.
How Our Connecticut Birth Injury Lawyers Can Help You
If your child suffered an injury during birth, the consequences can be catastrophic and emotionally devastating. Our attorneys are here to provide compassionate counsel and qualified legal assistance to you and your family during this challenging time.
We will work quickly to:
- Identify the precise cause of the injury.
- Determine if a doctor, nurse, other healthcare provider, or hospital failed to meet the standard of care required by their profession.
- Evaluate and calculate the current and future costs of your child’s injuries and care.
- Negotiate for a fair settlement that will make your child and your family whole.
- If a fair settlement is not offered, we will file a lawsuit and seek compensation at trial.
Our team is known for our compassion for our clients and tough, effective representation at the negotiating table and in the courtroom.
Birth injury cases are a specific type of medical malpractice claim, and our team has consistently proven that we can get results for our clients with these claims. A few examples of the many medical malpractice cases we’ve handled include securing $9.4 million and $1.5 million for clients who suffered harm due to medical negligence.
Connecticut Birth Injury Compensation
Each birth injury case is different and has its own unique set of circumstances. What happened, who is responsible, and the type and extent of injuries the child suffered will all factor into what types of damages the family is eligible to recover. At Kocian Law Group, our experienced birth injury attorneys will seek the maximum amount of compensation possible for your birth injury claim so that your family doesn’t struggle financially to care for your child.
Compensation you could be eligible to recover includes:
- Any medical treatments associated with addressing the injury, including procedures, doctor’s visits, medications, and other treatment
- Counseling and special education costs
- Physical and occupational therapy
- Home accommodations
- Pain, suffering, post-traumatic stress, and other non-economic damages
Common Types of Birth Injuries
Birth injuries could be caused by almost any care provider, including physicians, physicians’ assistants, anesthesiologists, midwives, nurses, surgeons, pharmacists, hospitals, or any other entity that breached a duty of care.
Some commonly reported birth injuries include:
- Brain injuries – Brain trauma could occur during the delivery process due to hypoxia (decreased oxygen) or ischemia (decreased blood flow) to the baby’s brain. These injuries often cause a lifetime of complications.
- Brachial plexus injuries – If there is difficulty delivering the baby’s shoulder, brachial palsy could occur. This happens when the nerves leading to the arm and hand are damaged. Bruising and swelling around the nerve can heal within a few months, but tearing could result in permanent nerve damage.
- Stillbirth and neonatal death – Stillbirth is when a baby dies before or during birth, and neonatal death is when a baby dies within the first 28 days of life. The cause of the loss of life could be wide-ranging.
- Cephalohematoma – Bleeding underneath the cranial bones could be caused by forceps, vacuum suction, or a long labor and delivery, among other causes. Medical staff could be negligent if they misuse medical equipment or fail to see the warning signs and schedule a C-section in time.
- Fractures – Fractures of the clavicle, growth plate, femur, and others can be painful and could result in deformity and other issues.
- Bruising and lacerations – Bruises or lacerations could be caused by forceps or vacuum suction, and medical staff should exercise care and caution at all times while using this equipment to avoid injury to the infant.
- Caput succedaneum – This condition involves swelling of an infant’s scalp that could be caused by forceps or vacuum suction during delivery, or a long and difficult labor. It could lead to jaundice and more severe health problems if not properly treated.
- Facial paralysis – Facial nerves can be damaged due to pressure on a baby’s face during birth, or by the use of forceps during delivery. The paralysis can improve in a few weeks if the nerve was bruised, but surgery may be required if it was torn.
It’s important to remember that not all complications or injuries that occur during pregnancy, labor, delivery, or after care will be the result of malpractice. To be held liable for injuries, the medical professional or facility must have deviated from a standard of care set by their profession.
Medical negligence could include the failure to:
- Observe and monitor maternal or fetal distress
- Diagnose issues and complications
- Correctly use birth-assisting tools
- Schedule and perform emergency C-sections when necessary
- Take the appropriate steps to help prevent pre-term labor
- Treat maternal infections or other common issues like gestational diabetes and preeclampsia
If medical negligence can be shown, the parents or legal guardians of the infant could be eligible for compensation in a birth injury lawsuit.
Connecticut’s Statute of Limitations on Birth Injury Claims
It is crucial to take immediate legal action if your child suffered a birth injury due to medical negligence. Like all states, Connecticut has a strict statute of limitations for filing birth injury claims. Failure to file a lawsuit within that timeframe will result in the court’s refusal to hear your case.
In Connecticut, plaintiffs have two years from the date of the injury to file a medical malpractice lawsuit. The clock does not start ticking until the infant’s injury is discovered or reasonably should have been discovered. This is known as the “discovery of harm rule.” However, in our state, the discovery of harm rule will only extend the statute of limitations for one year. That means for any birth injury claim, you will only have up to three years to file.
Contact Our Birth Injury Lawyer in Connecticut Today!
At Kocian Law Group, we feel deeply for all of our clients, and especially for parents. No one anticipates that their child will be harmed during their momentous arrival, and every parent places an enormous trust in the doctors, nurses, and other professionals. When that trust is broken and the child is hurt due to negligence, our attorneys will be there to stand up for you.
While no amount of money can undo the harm your child suffered and the stress and strain that’s been thrust upon you, it’s our goal to help ensure that you don’t struggle to pay for the very best treatment and care for your child. We’ll aggressively seek the maximum compensation possible for you and your family.
Call our experienced Connecticut birth injury lawyers to schedule a free and confidential consultation with us today. We work on a contingency-fee basis, which means that our services won’t cost you a thing unless and until we secure money for you.