Welcoming a new baby into the family should be a time of unmitigated joy. Unfortunately, a difficult birth or mishandled delivery could temper your happiness with worry about the impact on your child.
Birth injuries are common. Many of the problems birth injuries cause will resolve over time, but others may lead to permanent consequences for the child.
Speak with a Connecticut birth injury lawyer at D’Amico & Pettinicchi, LLC, if you suspect your child is suffering from a birth injury caused by medical malpractice. We offer free in-person or remote consultations with no obligation to you.
Most births proceed without mishap, but a surprising number result in complications. When a member of the medical team uses poor judgment or performs a procedure clumsily, injuries to the baby can result.
Birth injuries can be caused by a failure to diagnose a condition like gestational diabetes or fetal distress. A delayed caesarian section can cause birth injuries. Some of the injuries newborns suffer due to medical errors during pregnancy and delivery include:
A newborn might have a bruised or swollen scalp that may indicate a difficult birth. Parents of infants with these conditions should monitor their development closely and look for signs of delays.
It’s sometimes immediately clear that a child has suffered an injury during birth, but in other cases, parents don’t realize the extent of a child’s injury until the baby misses important milestones. When you suspect your child may have experienced a birth injury that is impacting their development, it’s critical to consult a Connecticut attorney immediately.
A parent seeking compensation for harm done to their child at birth could file a lawsuit against doctors and other medical professionals alleging medical malpractice. The parent must prove that the medical provider didn’t provide medical care that meets the same standard a similarly qualified provider would offer.
Connecticut General Statutes § 52-584 allows you only two years from the date of harm to file a medical malpractice lawsuit. The date of harm would be the child’s date of birth or—when the injury isn’t immediately apparent—the two-year clock starts on the date of diagnosis. However, courts won’t hear a medical malpractice lawsuit if the harm occurred more than three years before the filing, regardless of when the injury was discovered.
Parents who wait to sue might lose their opportunity to get justice for their child. Consulting a lawyer at D’Amico & Pettinicchi, LLC, as soon as you suspect a birth injury can preserve your right to sue in Connecticut.
Parents can seek compensation on behalf of their child when a medical professional’s substandard care caused the child’s injuries. Proving the long-term impact of birth injuries can be challenging so it’s critical to work with an experienced legal professional in Connecticut.
The parents could seek compensation for their child’s pain and suffering. If the child will be developmentally delayed or permanently disabled, the parents can seek compensation for their child’s lost opportunities. If the injuries diminish the child’s future earning capacity, the parents could claim that loss on behalf of their child.
The money received for a claim for birth injuries belongs to the child, and any settlement or verdict must be kept in a court-supervised account until the child is an adult. However, as a parent, you may also have a claim against a medical professional whose poor care or faulty judgment caused a birth injury for medical expenses related to the injury.
A birth injury is devastating for parents and could have a significant impact on a child’s quality of life. It’s important to seek accountability from the doctors and other medical professionals whose mistakes caused such harm.
Our seasoned team of attorneys at D’Amico & Pettinicchi, LLC, has spent decades representing parents like you. Initial consultations are free and can be scheduled remotely or in-person at your convenience. Reach out today to speak with a Connecticut birth injury lawyer about your rights.
