Birth Injury Attorney in New Haven, CT
If your child has suffered a birth injury because of someone else’s negligence, you may be eligible for compensation. Contact our New Haven medical malpractice law office to speak with a birth injury attorney about filing a lawsuit and pursuing justice for your child.
In the United States, there is a birth trauma rate of 1.9 per 1,000 births. Although some of these birth injuries are the result of natural processes that occur during birth, they more often happen as the result of some form of negligence on a medical professional’s part.
On that note, if your child suffered a birth injury because of someone else’s negligence, you may be eligible for compensation. Our New Haven lawyers can help you file a birth injury lawsuit today.
Understanding Birth Injuries
Birth injuries are those that a baby sustains before, during, or directly after birth. Although many babies suffer minor injuries that don’t need treatment, others sustain potentially life-altering harm.
There are many reasons why such injuries can occur, but they’re typically separated into these four different groups:
- Delayed birth
- Oxygen deprivation
- Medical malpractice
- Other causes
Delayed birth is perhaps the most common cause of birth injuries. If labor lasts more than 18 hours, the delivery is considered to be a delayed birth. After so much time, increased pressure is placed on the baby’s head, which can impact the brain while also putting the baby at risk of blood pressure issues and fetal distress.
If labor goes on for too long or if the baby’s blood pressure is too high, they also face the risk of oxygen deprivation, which can lead to many types of injuries and can even put their life at risk. Another reason why oxygen deprivation can occur is if the doctor breaks the patient’s water while she’s still too early in the labor process. The baby is still too high up, which can lead to umbilical cord prolapse and oxygen being cut off.
Medical malpractice can include the doctor using excessive force, making improper use of instruments like forceps, and failing to act quickly in dangerous situations. It can also involve the doctor or any other medical professional failing to monitor the mother or child carefully enough during the lead-up to birth.
Beyond these main three, other causes of birth injuries may include the mother being given inappropriate medication or being incorrectly diagnosed with regard to conditions that could impact her and the baby during birth.
No matter the injury your child has faced or is facing, suffering any negligence or malpractice during the birth of your child is a serious matter. Do not hesitate to contact a birth injury lawyer in New Haven, CT, to discuss your case.
John Kennedy Jr.
Founding Partner
John J. Kennedy, Jr., is the founding partner of Kennedy, Johnson, Schwab & Roberge, P.C. In 1988, John formed Kennedy & Johnson, along with David Johnson. John is an accomplished trial attorney, spending most of his more than 42 years practicing in Connecticut, representing injured clients before juries.
Common Types of Birth Injuries
Birth injuries can vary, but there are some that are more common than others. The most common of these are as follows:
Cerebral Palsy
Cerebral palsy refers to a group of disorders that affect the body’s control over its nervous system and muscles. The condition can arise as the result of damage to the brain that occurs during or shortly before birth.
Cerebral palsy has no cure, and how your child is affected depends on where in the brain the injury occurred and how severe the damage is. Some children are able to grow up to live independently, while others will require ongoing care.
Erb’s Palsy
Erb’s palsy is a brachial plexus injury that occurs because of shoulder dystocia (the baby’s shoulders being impacted by the mother’s pelvic bones during birth). A doctor or other medical professional who pulls a baby with too much force during a complicated birth can damage the nerves that send signals from the spine to the hands, arms, and shoulders, leading to the condition.
Spinal Cord Injury
A spinal cord injury can occur if excessive force is used during the birthing process. These injuries disrupt the connection of nerves between the body and the brain, leading to many long-term issues that lead to disabilities.
Most of the time, spinal cord injuries during birth are the result of medical malpractice. Using vacuum extractors or forceps incorrectly can put a lot of pressure on the baby and cause their spine to twist.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy or HIE is a condition that occurs because of a chronic or sudden loss of blood supply and oxygen to the brain. Medical professionals who fail to monitor the baby closely enough during the birth can increase the risk of HIE, which itself can lead to cerebral palsy and brain damage severe enough to impact their entire life.
Facial Paralysis
If too much pressure is placed on the baby’s face during childbirth, which is often the case when forceps are involved, it can affect their nerves, inflicting facial paralysis. If the affected nerve only suffers a bruise, the injury can resolve in a few weeks, but if it’s torn, your child could need surgery to prevent permanent paralysis.
Why You Need a Birth Injury Lawyer by Your Side
Seeing your child dealing with injuries that were the result of someone’s negligence or medical malpractice can be excruciating. But it is not something you should be left to deal with alone. At Kennedy, Johnson, Schwab & Roberge, we can help you file a birth injury lawsuit to be able to get the compensation you deserve.
These kinds of cases are complex, often involving medical professionals who may not even be employees of the hospital in which they work. To prove your claim, you will have to gather lots of evidence, which can be difficult to do when you’re dealing with a child who’s injured.
When you turn to experienced birth injury attorneys in New Haven, CT, you partner with people who are in contact with expert witnesses who can help prove that malpractice or negligence led to the injuries.
We have experience negotiating with insurance companies, as well. Many times, such entities can attempt to bully you into giving up your claim or push you to accept a low settlement. When you turn to us, you know you will have people ready to fight for your rights. And if the negotiations aren’t going the way we want them to, we can file a lawsuit and take your case to court.
Contingency Fees
At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Birth Injuries cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.
Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.
Birth Injuries FAQs
Is There a Statute of Limitations for Birth Injury Claims?
In Connecticut, the statute of limitations when dealing with birth injuries and other personal injury claims is usually two years, though the clock may not start until you discover the injury. At most, you have three years, which is why it’s so important to turn to a birth injury law firm for help as soon as possible.
What Signs Can Point to a Birth Injury?
The exact type of injury your child sustains will determine the exact symptoms they experience, but there are some common signs to watch for, such as:
- Swollen head
- Head bruises
- Difficulty breathing
- Seizures
- Abnormal skull indentations
- Difficulty swallowing
- Limb paralysis
- Chronic crying
- Arched back
- Inability to move facial muscles
If any of these signs become apparent, it’s essential that you get your child medical help as soon as possible.
What Fees Do I Have to Pay to Hire a Birth Injury Lawyer?
Reputable birth injury lawyers in New Haven, CT, including those at Kennedy, Johnson, Schwab & Roberge, work on a contingency fee basis. We will not require any upfront fees, and we only get paid when you do, so you won’t have to worry about bills piling up while trying to seek justice.
What Compensation Can I Receive for a Birth Injury Claim?
Each claim is unique, but you’ll be able to claim economic and non-economic damages. Economic damages refer to those that have a quantifiable value, including medical expenses. These can also include future expenses if your child will have ongoing medical needs.
Non-economic damages are a bit more complex because they are subjective. They include pain and suffering and loss of enjoyment of life. When you turn to us at Kennedy, Johnson, Schwab & Roberge, we can offer guidance on what compensation may be available.
Turn to Kennedy, Johnson, Schwab & Roberge in New Haven, CT
If your child suffered an injury before, during, or just after birth because of medical malpractice or negligence, you may be able to receive compensation to cover their medical bills and all manner of other expenses.
At Kennedy, Johnson, Schwab & Roberge, we offer a careful assessment of each claim to ensure that we can provide the exact services you need. We have 30 years of experience helping people in Connecticut, and we’re dedicated to offering tenacious representation. Contact us today to schedule a consultation.
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