Connecticut Birth Injury Lawyer

When medical negligence during childbirth causes preventable harm to your child, you need an experienced Connecticut birth injury lawyer. At [firm-name], we combine compassionate client care with aggressive legal advocacy to hold negligent healthcare providers accountable for their actions. Our medical malpractice team fights tirelessly to ensure your child receives the lifelong care and compensation they deserve.

Understanding Birth Injuries in Connecticut

Birth injuries differ significantly from birth defects, representing preventable harm that occurs during pregnancy, labor, or delivery due to medical negligence. While birth defects develop naturally during fetal development, birth injuries result from improper medical care, delayed interventions, or healthcare provider errors that could have been avoided with appropriate treatment.

These injuries can have devastating consequences for both children and families. A birth injury may require lifelong medical care, specialized therapies, adaptive equipment, and constant supervision. The emotional toll on parents who trusted their healthcare providers to safely deliver their child cannot be overstated. Many families face overwhelming medical expenses, lost income from caring for their injured child, and the heartbreak of watching their child struggle with preventable disabilities.

Connecticut families dealing with birth injuries deserve answers and accountability. According to the Connecticut Department of Public Health, the state maintains a maternal mortality rate of approximately 10.3 pregnancy-related deaths per 100,000 live births. When medical professionals fail to meet the standard of care expected during pregnancy and delivery, they must be held responsible for the harm they cause. Understanding your rights and legal options is the first step toward securing the resources your child needs for their future.

Common Types of Birth Injuries We Handle

Our Connecticut birth injury attorneys have extensive experience handling cases involving various types of preventable birth trauma. Each type of injury requires specialized medical knowledge and legal expertise to prove negligence and secure appropriate compensation.

Cerebral Palsy and Brain Injuries

Cerebral palsy often results from oxygen deprivation during delivery, leading to permanent brain damage that affects movement, posture, and coordination. This condition typically occurs when healthcare providers fail to recognize fetal distress, delay necessary interventions, or improperly manage complications during labor. Children with cerebral palsy may require lifelong physical therapy, mobility aids, and specialized care.

Brain injuries can also result from trauma during delivery, including improper use of forceps or vacuum extractors. These injuries may cause developmental delays, learning disabilities, seizures, and other neurological complications that significantly impact a child’s quality of life. The Joint Commission has established patient safety goals specifically targeting birth injury prevention in hospitals.

Brachial Plexus Injuries (Erb’s Palsy)

Erb’s palsy occurs when the network of nerves controlling arm and hand movement becomes damaged during delivery. This injury typically happens when excessive force is applied during difficult deliveries, particularly when shoulder dystocia occurs. Healthcare providers who fail to properly manage shoulder dystocia or use excessive traction can cause permanent nerve damage.

Children with brachial plexus injuries may experience weakness, loss of sensation, or complete paralysis in the affected arm. While some cases improve with therapy, severe injuries may require multiple surgeries and result in permanent disability. Our experienced attorneys work with medical experts to establish the standard of care in these complex cases.

Oxygen Deprivation Injuries

Hypoxic and anoxic brain injuries occur when babies do not receive adequate oxygen during labor and delivery. These injuries can result from umbilical cord complications, placental problems, or prolonged labor that healthcare providers fail to address promptly. According to the CDC, oxygen deprivation can cause severe developmental delays, intellectual disabilities, and other lifelong complications.

Other common birth injuries include fractures from difficult deliveries, spinal cord injuries from improper handling, and facial nerve damage from forceps use. Each injury type requires a thorough investigation to determine whether medical negligence contributed to the harm.

Medical Negligence That Causes Birth Injuries

Birth injuries often result from specific acts of medical negligence that experienced healthcare providers should have prevented. Understanding these common forms of malpractice helps families recognize when they may have grounds for a legal claim.

Failure to Monitor Fetal Distress

Healthcare providers must continuously monitor the baby’s heart rate and other vital signs during labor to detect signs of distress. When fetal monitoring shows concerning patterns, immediate intervention may be necessary to prevent brain damage or other serious injuries. Failure to recognize or respond to fetal distress represents a serious breach of the standard of care established by the American College of Obstetricians and Gynecologists.

The National Quality Forum has endorsed specific perinatal care quality measures that hospitals must follow to prevent birth injuries. When healthcare providers fail to meet these standards, they may be held liable for resulting injuries.

Improper Use of Delivery Instruments

Forceps and vacuum extractors can assist with difficult deliveries when used properly, but improper application can cause severe injuries. Healthcare providers must have appropriate training and experience with these instruments and must recognize when their use is contraindicated. Excessive force or improper positioning can result in skull fractures, brain injuries, and nerve damage.

Our trial attorneys have extensive experience handling cases involving improper use of delivery instruments and work with leading medical experts to establish negligence.

Delayed Emergency C-Section

When complications arise during labor, emergency cesarean delivery may be necessary to protect both mother and baby. Healthcare providers who delay necessary C-sections due to poor judgment, inadequate monitoring, or failure to recognize emergency situations can cause preventable birth injuries.

Additional forms of negligence include medication errors during labor, failure to diagnose and treat maternal infections, inadequate prenatal care that misses high-risk conditions, and failure to plan for known complications. Each case requires careful analysis of medical records and expert testimony to establish the standard of care and prove negligence.

Connecticut Birth Injury Laws and Your Rights

Connecticut law provides important protections for families affected by birth injuries, but understanding the legal framework and time limitations is crucial for protecting your rights.

Statute of Limitations for Birth Injury Claims

In Connecticut, medical malpractice claims must generally be filed within two years of when the injury was discovered or reasonably should have been discovered. However, birth injury cases often involve special considerations, as some injuries may not become apparent until a child reaches developmental milestones.

Connecticut law recognizes that parents may not immediately realize their child’s condition resulted from medical negligence. The discovery rule allows the statute of limitations to begin when parents knew or should have known that the injury was caused by malpractice. However, there is an absolute three-year cap from the date of the negligent act, regardless of when the injury is discovered.

Connecticut General Statutes § 52-184c defines the standard of care required in medical negligence cases and establishes that claimants must prove by a preponderance of the evidence that the provider breached the prevailing professional standard of care. Connecticut medical malpractice law also requires a reasonable inquiry into the merits of the claim before filing a lawsuit, implemented through a Certificate of Good Faith requirement. This ensures that claims have a factual basis and helps prevent frivolous litigation. Working with experienced birth injury attorneys who understand these requirements is essential for protecting your legal rights.

Proving Medical Malpractice in Birth Injury Cases

Successful birth injury cases require proving four essential elements of medical negligence: duty, breach of duty, causation, and damages. Each element must be established through comprehensive evidence and expert testimony.

Healthcare providers owe a duty of care to both mother and baby during pregnancy, labor, and delivery. This duty requires following accepted medical standards and practices for obstetric and neonatal care. The breach of duty occurs when providers fail to meet these standards through action or inaction.

What Is Causation in a Birth Injury Case?

Causation represents the most complex element, requiring proof that the healthcare provider’s negligence directly caused the birth injury. This often requires extensive medical expert testimony to explain how proper care would have prevented the injury. Medical records, fetal monitoring strips, and other documentation provide crucial evidence for establishing causation.

Expert testimony from qualified medical professionals is essential in birth injury cases. These experts must review medical records, analyze the care provided, and explain how the standard of care was breached. Our firm works with leading obstetricians, neonatologists, and other specialists who can provide compelling testimony about medical negligence. Our case results demonstrate our success in securing favorable outcomes for families affected by birth injuries.

Compensation Available for Birth Injuries

Birth injury cases may result in significant compensation to address both current and future needs of injured children and their families. Connecticut law allows recovery of both economic and non-economic damages in medical malpractice cases, with no statutory cap on damages.

Economic Damages

Economic damages compensate for measurable financial losses resulting from birth injuries. Medical expenses represent a major component, including costs for emergency treatment, ongoing medical care, surgeries, medications, and medical equipment. Future medical expenses must also be calculated based on the child’s expected needs throughout their lifetime.

Specialized care and therapy costs include physical therapy, occupational therapy, speech therapy, and other treatments necessary for the child’s development and quality of life. These services may be required for years or decades, making accurate calculation of future costs essential.

Lost earning capacity addresses the child’s reduced ability to earn income due to their injuries. Economic experts analyze the child’s potential career prospects and calculate the lifetime income loss resulting from their disabilities. Parents may also recover lost wages for time spent caring for their injured child.

Non-Economic Damages

Non-economic damages compensate for intangible losses that cannot be easily quantified. Pain and suffering encompass the physical discomfort and emotional distress experienced by the injured child. Loss of quality of life addresses the child’s reduced ability to enjoy normal childhood activities and experiences.

Family members may also recover damages for their emotional distress and the impact of the child’s injuries on family relationships. The devastating effect of birth injuries extends beyond the injured child to affect parents, siblings, and other family members who must adjust their lives to provide necessary care.

Awards & Recognition

[firm-name] has earned recognition as one of Connecticut’s premier trial law firms, with attorneys who have achieved remarkable results in complex medical malpractice and birth injury cases.

Andrew Garza, our co-founder and chief legal officer, has received numerous accolades for his trial advocacy skills. He was named Trial Lawyer of the Year by the Keenan Trial Institute in 2022 and Lawyer of the Year by the New England Legal Awards in 2023. Mr. Garza has been selected for Super Lawyers from 2016-2023 and was named to Best Lawyers in America for Personal Injury Litigation – Plaintiffs in 2024. His recognition as a Top 40 Under 40 attorney and membership in the Multi-Million Dollar Advocates Forum reflect his exceptional trial results.

Sean Claggett brings extensive trial experience from Nevada, where he was named Trial Lawyer of the Year by the Nevada Justice Association in 2017. He maintains an AV Preeminent rating from Martindale-Hubbell and a 10.0 “Superb” rating from Avvo, reflecting peer recognition of his legal abilities and ethical standards.

Jonathan “Jak” Kocienda leads our medical malpractice practice with 27 years of legal experience, including 22 years focused specifically on medical malpractice cases. His deep understanding of medical issues and extensive trial experience make him invaluable in complex birth injury cases.

Our firm’s record-setting verdicts demonstrate our ability to achieve exceptional results for clients. The $100 million verdict in a catastrophic injury case represents the largest bodily injury verdict in Connecticut’s history, while our $48.6 million medical malpractice verdict shows our success in healthcare negligence cases.

Contact Our Birth Injury Lawyers Today

If your child suffered a birth injury due to medical negligence, our experienced Connecticut birth injury attorneys offer free consultations to evaluate your case and explain your legal options. We work on a contingency fee basis, so you pay no attorney fees unless we successfully recover compensation for your family.

We are available 24/7 to discuss urgent matters and provide the immediate attention your case deserves. Contact us today at 860-469-4557 for your free consultation. Let our compassionate and experienced legal team fight for your family’s rights and help secure the justice and compensation your child deserves.

Frequently Asked Questions About Birth Injury Claims

How long do I have to file a birth injury lawsuit in Connecticut?

Connecticut’s statute of limitations for medical malpractice claims is generally two years from the date of discovery of the injury. However, birth injury cases often involve special circumstances that can affect this timeline. Some birth injuries may not become apparent until a child reaches certain developmental milestones, and Connecticut law recognizes this through the discovery rule. However, there is an absolute three-year cap from the date of the negligent act. It’s crucial to consult with an experienced birth injury attorney as soon as you suspect medical negligence to ensure your rights are protected.

What if the birth injury wasn’t discovered immediately?

Many birth injuries are not immediately apparent at birth and may only become evident as a child grows and fails to meet developmental milestones. Connecticut law accounts for this through the discovery rule, which starts the statute of limitations when you knew or reasonably should have known that your child’s condition was caused by medical negligence. This protection ensures that families are not penalized for injuries that could not have been detected immediately after birth.

Can I sue if my child has a disability but is still alive?

Yes, you can pursue a birth injury claim even if your child survived but sustained permanent disabilities. In fact, these cases often result in significant compensation to address the lifelong care needs of children with disabilities. The law recognizes that birth injuries can cause devastating harm that requires extensive medical treatment, therapy, specialized equipment, and ongoing care throughout the child’s life.

How much does it cost to hire a birth injury lawyer?

Our firm handles birth injury cases on a contingency fee basis, which means you pay no attorney fees unless we successfully recover compensation for your family. This arrangement allows families to pursue justice without worrying about upfront legal costs. We also advance all case expenses, including expert witness fees and medical record costs, so you can focus on caring for your child while we handle your legal claim.

What makes Claggett, Sykes & Garza Trial Lawyers different from other firms?

Our firm combines record-breaking trial results with a compassionate approach to client service. We have achieved the largest bodily injury verdict in Connecticut history and have extensive experience in complex medical malpractice cases. We use cutting-edge technology and data analysis while never losing sight of the human impact of these cases. We limit our caseload to ensure each family receives personalized attention and aggressive advocacy.

How long do birth injury cases typically take?

Birth injury cases are complex and typically take one to three years to resolve, depending on the specific circumstances. The timeline depends on factors such as the complexity of medical issues, the need for extensive expert testimony, and the willingness of defendants to negotiate fairly. While we work efficiently to resolve cases, we never rush to accept inadequate settlements that fail to address your child’s long-term needs.

What evidence do I need for my case?

The most important evidence includes all medical records related to prenatal care, labor, delivery, and your child’s subsequent treatment. Hospital records, fetal monitoring strips, nursing notes, and physician orders provide crucial documentation of the care provided. We also gather evidence through medical expert analysis, witness testimony, and consultation with specialists who can explain how proper care would have prevented your child’s injuries.