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A birth injury can have a profound and long-lasting impact on your family. The physical and emotional toll of caring for a child with a birth injury can be overwhelming, and the financial burden can be significant.
These may include substantial medical expenses, the cost of long-term care, and lost income due to the need for one or both of you to stay home and care for your child. Our skilled attorneys will work tirelessly on your behalf to pursue maximum compensation to cover these and other damages. Call Injured CT today for a free attorney consultation.
Injuries to a baby during birth can have many different causes, and it’s important to work with an experienced Bristol birth injury attorney who can help you determine the cause of your child’s injury.
The most common causes of birth injuries include medical negligence, physical trauma during delivery, oxygen deprivation, and maternal health problems.
Cause of Birth Injury | Description | Examples |
Medical Negligence | Failure to provide the standard of care that a reasonable person would provide in similar circumstances | Failure to diagnose or treat a medical condition during pregnancy, failure to monitor the baby’s vital signs during labor and delivery, improper use of delivery tools, delayed or improper delivery, medication errors |
Physical Trauma During Delivery | Trauma that occurs during the delivery process | Use of excessive force during delivery, misuse of delivery tools, improper positioning of the baby during delivery |
Oxygen Deprivation | Lack of oxygen to the baby’s brain during labor and delivery | Prolonged labor, failure to monitor the baby’s vital signs during labor and delivery, nuchal cord |
Maternal Health Problems | Health problems affecting the mother during pregnancy or delivery | High blood pressure, gestational diabetes, maternal infections |
Other less common causes of birth injuries include:
Working with an experienced Bristol birth injury attorney who can help you determine the cause of your child’s injury and pursue the compensation you deserve is important.
For a free legal consultation with a birth injury lawyer serving Bristol, call (855)-285-3425
Medical negligence occurs when healthcare providers fail to provide the standard of care that a reasonable person would provide in similar circumstances.
In the case of a birth injury, medical negligence may involve failure to diagnose or treat conditions during pregnancy, failure to monitor the baby’s vital signs during labor and delivery, improper use of delivery tools, delayed or improper delivery, or medication errors.
Bristol Birth Injury Lawyer Near Me (855)-285-3425
Medical professionals could be liable for a birth injury if they breached their duty of care to you or your baby.
To establish medical negligence in a birth injury case, you must prove the following:
For example, if a doctor fails to properly monitor the baby’s vital signs during labor and delivery, and as a result, the baby suffers brain damage due to lack of oxygen, the doctor may be held liable for medical negligence.
It’s important to note that in some cases, more than one medical professional may be responsible for your child’s injuries.
For instance, if a mother has gestational diabetes, the obstetrician and endocrinologist may be responsible for ensuring proper management of the mother’s condition during pregnancy.
Medical professionals can also be liable for failing to obtain informed consent for medical treatments. Informed consent means that the medical professional has explained the risks and benefits of medical treatment to the patient and the patient has given voluntary and informed consent.
Suppose a medical professional fails to obtain informed consent for medical treatment, and the patient or their child suffers a birth injury due to the treatment. In that case, the medical professional may be liable for medical negligence.
If you believe a medical professional may be responsible for your child’s birth injury, work with an experienced Bristol birth injury attorney. They can help you determine your legal options and pursue the compensation you deserve.
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Yes, you may be able to sue a hospital for a traumatic birth in Bristol, CT, if the hospital or its employees were responsible for harming your child through negligence.
An experienced Bristol birth injury attorney can help you determine if you have a viable case against a hospital and can help you navigate the legal process.
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Connecticut’s statute of limitations for birth injury claims is generally two years from the date of the injury or when the injury should have been discovered through reasonable diligence. However, there are exceptions to this rule, such as if the injured party is a minor or if the injury was caused by medical malpractice.
It’s important to note that birth injury cases can be complex and may require extensive investigation and expert testimony. As such, it’s important to consult with an experienced Bristol birth injury attorney as soon as possible after the injury occurs.
Filing a birth injury lawsuit can help you obtain compensation for medical expenses, ongoing medical care and treatment, lost wages, and pain and suffering. It can also help hold medical professionals accountable for their actions and prevent similar injuries from occurring in the future.
If you believe your child has suffered a birth injury due to medical negligence or malpractice, don’t hesitate to contact a Bristol birth injury attorney as soon as possible to discuss your legal options.
The compensation amount you could obtain after your child’s injuries depend on the specific damages you and your baby suffered, such as medical expenses, lost wages, pain and suffering, and long-term care costs.
An experienced Bristol birth injury attorney can help you determine the value of your claim and can help you pursue the compensation you deserve.
Insurance companies may offer a low settlement amount to avoid paying the full damages. This is where an experienced birth injury attorney can make all the difference. Your attorney can negotiate with the insurance company to ensure that you receive a fair settlement covering all of your damages.
If the insurance company is being unreasonable about a settlement, your lawyer may advise going to court to try and win compensation. Again, your personal injury attorney will guide you through the process, from gathering evidence and expert testimony to presenting your case in court.
In addition to medical expenses, lost wages, and other economic damages, you may also be entitled to compensation for non-economic damages such as pain and suffering, emotional distress, and diminished enjoyment of life.
Our skilled Bristol personal injury lawyers can help you understand your legal options and pursue maximum compensation for economic and non-economic damages. If your child has suffered an injury at birth, don’t hesitate to contact an experienced Bristol birth injury attorney today for a free, no-obligation consultation to discuss your legal options.
The length of time it takes to settle a birth injury case in Bristol can vary depending on the case’s specific circumstances.
These cases can take several months or even years to resolve, especially if they involve complex legal or medical issues.
Our Bristol birth injury law firm attorneys have the experience and knowledge to help you obtain the compensation you deserve.
We understand that an injury to your baby can significantly impact the lives of you and your family, and we are committed to helping you through this difficult time.
If your child has suffered a birth injury in Bristol, CT, don’t hesitate to reach out to our experienced attorneys today for a free, no-obligation consultation.
During this initial consultation, we will listen to your story and review the details of your case. Then, we will help you understand your legal options and clearly explain what to expect throughout the legal process.
At Injured CT, we know that every birth injury case is unique and requires a tailored approach. We will work closely with you to develop a legal strategy focused on achieving the best possible outcome for your case. Contact our law office today. We are here to help you every step of the way.
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Our Expertise
Here are some common examples of medical negligence during birth:
Brain damage is a type of birth injury that occurs when a baby suffers a serious injury to the head during delivery. It varies with each case and is determined by the extent of the injury along with the part of the brain that was affected.
Damage to the peripheral nerve, which is also referred to as a brachial plexus injury is the second type of birth injury that’s commonly reported. It can prevent arm and hand movement and usually improves in time unless the nerve was torn during birth.
Damage to the spinal cord and cranial nerve is the third most commonly reported type of birth injury. It may result due to improper pulling, rotating, and stretching of the baby during birth. It can cause facial paralysis or other injuries to the spinal cord as well as paralysis in other parts of the body too.
Bone fractures typically occur when the baby is delivered is large in size or during breech births. Babies are born with 300 bones as opposed to adults who have 206 bones since some bones fuse together as we age. A baby’s bones are soft, particularly in the head where they still haven’t set, and they break easily.
A vacuum extraction injury occurs due to the misuse of a vacuum extractor. Injuries from a vacuum extractor include skull fractures, brain damage, brachial plexus injuries, internal bleeding, and scalp wounds. Some of the conditions above can heal on their own without medical intervention while other serious complications may result in permanent damage to both the mother and baby.
If your child suffered a birth injury or died during labor and delivery, you are probably seeking answers desperately. You may question whether there’s anything that could have been done to prevent the injury or death from occurring. While many birth injuries are usually unavoidable, others are directly caused by medical negligence.
Medical negligence refers to the improper or unskilled medical treatment of a patient by a medical professional. Specifically, medical negligence occurs when a medical professional fails to provide the same quality of treatment that a professional with similar educational qualifications and experience would have in similar circumstances.
If your child’s birth injury was caused by medical negligence, it is usually not hard to tell because the symptoms usually start immediately or soon after birth. Your child may recover from a non-serious birth injury with treatment and time, but some birth injuries result in life-long health complications.
When putting together a birth injury claim, it’s important to understand what you can ask for in terms of compensation
Personal injury claims, including birth injury claims, are often settled before ever filing a lawsuit. If the lawyer thinks that the case can be settled, he/she will make a demand to the other lawyer or the other side’s insurance company. If settlement talks stall the case moves into the “litigation” phase.
The litigation phase begins when you file a lawsuit in court. Filing the lawsuit gets the clock running on when the case is likely to go to trial. A lawsuit must be filed within a strict deadline set in law known as the statute of limitations, which is a maximum of 3 years in Connecticut for birth injury claims.
If the case proceeds to trial, a birth injury lawyer provides representation in court. Birth injury lawyers such as those at Injured CT are familiar with court procedures and customs and will ensure that these steps are followed carefully.
Birth injury cases are some of the most expensive medical malpractice cases. You can expect to spend anywhere from $50,000 to $100,000 to pursue a birth injury claim properly. Fortunately, if Injured CT accepts your birth injury case, you won’t have to pay a retainer fee or pay for legal services by the hour.
Instead, our legal team will handle your birth injury claim on a contingency fee basis. When you get into a contingency fee agreement, you are agreeing that your attorney will be paid a percentage of the amount recovered in your case. The lawyer’s fees are deducted from the money recovered for your claim before receiving any compensation for your claim.
Our dedication to superior service and personal investment in our cases is unmatched throughout the state of Connecticut.
If you suspect that your child’s birth injury was the result of medical negligence, it can be a good idea to get in touch with an experienced birth injury attorney. You may be entitled to financial compensation for your child’s injuries.
Our experienced birth injury lawyers at Injured CT can review your case to determine its validity. Contact our legal team in Hartford Connecticut today by calling us at 855-CT-LEGAL or using the contact form provided for your free initial consultation and case evaluation.
We’re ready to discuss your case, and create a winning legal strategy that maximizes your personal injury compensation.
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The term “Injured CT” means swift and efficient. Our goal is to provide professionally aggressive legal services by trusted and experienced attorneys in an honest, swift, and efficient manner.
Our attorneys also have been rated by their peers for several years running, to gain the select listing of outstanding attorneys in Connecticut and New England by Super Lawyers. In addition to our exemplary ratings from the legal community, we are most pleased to be highly regarded by our past and present clients.
Other larger firms may hand your case off to a case manager or clerk. This is a filing system that reduces people's problems to "just another case." At Injured CT, you are guaranteed to speak one-on-one with your attorney throughout your case.
A well-known trial lawyer once said, “If you are not emotionally invested, your client is not getting your best effort.” Not every attorney will agree with this statement. The lawyers here at Injured CT Law Partners believe it. We care about our clients, we fight for our clients in and out of court, and, most importantly - we hate to lose.
If your child suffered a birth injury or died during labor and delivery, you are probably seeking answers desperately. You may question whether there’s anything that could have been done to prevent the injury or death from occurring. While many birth injuries are usually unavoidable, others are directly caused by medical negligence.
Medical negligence refers to the improper or unskilled medical treatment of a patient by a medical professional. Specifically, medical negligence occurs when a medical professional fails to provide the same quality of treatment that a professional with similar educational qualifications and experience would have in similar circumstances.
If your child’s birth injury was caused by medical negligence, it is usually not hard to tell because the symptoms usually start immediately or soon after birth. Your child may recover from a non-serious birth injury with treatment and time, but some birth injuries result in life-long health complications.
Still, it can be complicated to find out how a birth injury is linked to medical practice. Symptoms that appear shortly after birth or later in your child’s development could be indicative of the fact that labor and/or delivery was not done properly. Such symptoms include:
At Injured CT in Connecticut, we will listen to your story, review your child’s medical records, and help you determine whether medical negligence is responsible for your child’s developmental delays. If we find out that it is the case, we can help you move forward and seek damages for your and your child’s suffering.
if medical negligence is determined to be responsible for a mother or her infant’s birth injury, that healthcare facility or professional can be ordered to compensate the child and his/her parents for damages suffered, which include:
Punitive damages may also be awarded in some instances. People often assume that the delivering obstetrician is the only medical professional that can be held accountable for a birth injury. However, the reality is that any negligent member of the medical team can be held accountable for a birth injury that’s a result of that medical professional’s negligence.
Connecticut, like all states, has a strict statute of limitations with regard to filing birth injury claims. If you fail to file a lawsuit within that timeframe will result in the court’s refusal to hear the case. In Connecticut, plaintiffs have 2 years from the date of the injury to file a medical malpractice lawsuit.
However, that can be extended by 1 year under the “discovery of harm rule”, which defines when a child’s injury should have been reasonably discovered. That means that the maximum statute of limitations when it comes to birth injury claims in Connecticut is 3 years.
Connecticut imposes an absolute deadline of 3 years for all medical malpractice claims including birth injury claims. Since that timeline is so short, it is extremely important that you get in touch with an attorney for a birth injury claim soon after it is discovered.
CONNECTICUT PERSONAL INJURY ATTORNEYS