When medical professionals fail to provide proper care during labor and delivery, the consequences can be devastating for both mother and child. If your family has been affected by preventable birth injuries due to medical negligence, a compassionate Labor and Delivery Errors Lawyer at Claggett, Sykes & Garza Trial Lawyers can help you seek justice and fair compensation.
Contact us online today or call 860-469-4557 for a free consultation to discuss your Connecticut labor and delivery injury case.
Understanding Labor and Delivery Errors in Connecticut
Labor and delivery errors occur when healthcare providers fail to meet the accepted standard of medical care during childbirth, resulting in preventable injuries to the mother, baby, or both. While childbirth naturally carries certain risks, many serious complications can be avoided through proper monitoring, timely interventions, and adherence to established medical protocols.
Labor and Delivery Injury Statistics
Nationally, approximately 6 to 7 birth injuries occur per 1,000 live births, with many of these cases involving some degree of medical negligence. According to the CDC, birth defects affect about 1 in every 33 babies born in the United States. The distinction between unavoidable complications and preventable errors lies in whether healthcare providers followed the appropriate standard of care given the circumstances they knew or should have known about during labor and delivery.
Medical Negligence
Medical negligence during childbirth often stems from failures in communication, inadequate monitoring of fetal distress, delayed decision-making, or improper use of medical interventions. Healthcare providers have a duty to continuously assess both maternal and fetal well-being throughout the labor and delivery process, responding appropriately to any signs of distress or complications. The Joint Commission has established specific patient safety goals targeting labor and delivery to reduce medical errors and improve maternal outcomes.
Labor and Delivery Injury Consequences
When medical professionals breach this duty of care, the consequences can be life-altering. Birth injuries may result in permanent disabilities, developmental delays, and the need for lifelong medical care and support. Understanding your rights and legal options is crucial for families facing these challenging circumstances.
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Common Types of Labor and Delivery Errors
Healthcare providers can make various errors during labor and delivery that may result in serious injuries. Our experienced Connecticut medical malpractice attorneys have handled numerous cases involving these preventable errors.
Inadequate Fetal Monitoring
One of the most critical failures involves inadequate monitoring or misinterpretation of fetal heart rate patterns. Missing signs of fetal distress—such as abnormal heart rates indicating oxygen deprivation—can mean lost opportunities to intervene and prevent brain damage.
Delayed or Unnecessary Cesarean Sections
Timely decisions on emergency C-sections are essential. Delays can cause prolonged oxygen deprivation, while unnecessary surgeries expose mothers to surgical risks without medical justification. Our Connecticut birth injury lawyers have successfully represented families affected by these critical timing errors.
Improper Use of Delivery Instruments
Forceps and vacuum extractors must be used with precision. Improper application can cause skull fractures, brain hemorrhages, or nerve damage. Providers must also recognize when these tools are unsafe and opt for cesarean delivery instead.
Medication Errors During Labor
Incorrect dosages of labor-inducing drugs like Pitocin can trigger dangerously strong contractions, uterine rupture, or fetal distress. Mistakes in anesthesia can cause inadequate pain relief or severe, life-threatening reactions.
Failure to Manage Maternal Conditions
Conditions like preeclampsia, gestational diabetes, and infections require close monitoring and prompt treatment. Failure to diagnose or manage them can lead to seizures, stroke, sepsis, or other life-threatening complications for mother and child.
Birth Injuries Caused by Medical Negligence
Medical negligence during labor and delivery can result in serious birth injuries, many of which have lifelong consequences for children and their families. Our case results demonstrate our success in securing substantial compensation for families affected by these preventable injuries.
Cerebral Palsy
Often caused by oxygen deprivation during birth, cerebral palsy affects movement, posture, and muscle coordination. It may result from failure to recognize fetal distress, delayed cesarean delivery, or improper management of umbilical cord complications. According to the NIH, congenital anomalies are a leading cause of infant mortality.
Erb’s Palsy and Brachial Plexus Injuries
These injuries occur when excessive force during delivery damages the nerves controlling arm and hand movement. They are often linked to mismanagement of shoulder dystocia, when a baby’s shoulder becomes stuck behind the mother’s pubic bone. Proper techniques and timely intervention can often prevent them.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE occurs when the brain does not receive enough oxygen and blood flow. It can lead to intellectual disabilities, seizure disorders, and developmental delays. Early recognition of risk factors and interventions such as therapeutic hypothermia can improve outcomes.
Traumatic Brain Injuries
Improper use of delivery instruments, excessive pressure, or prolonged labor without intervention can cause traumatic brain injuries. These may result in cognitive impairments, motor disabilities, and behavioral challenges requiring long-term medical and educational support.
Spinal Cord and Maternal Injuries
Spinal cord injuries, though rare, can occur during difficult deliveries and may lead to paralysis or neurological complications. Mothers may also suffer severe tears, hemorrhaging, or organ damage from negligent care, with lasting health consequences.
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Proving Medical Malpractice in Connecticut Birth Injury Cases
Establishing medical malpractice requires showing that healthcare providers failed in their duty of care and caused harm. In Connecticut, four key legal elements must be proven. Our medical malpractice team has extensive experience successfully proving these complex cases.
Duty of Care
Healthcare providers owe a duty of care to both mother and baby, usually established through the doctor–patient relationship.
Breach of Standard of Care
Providers must meet the accepted medical standard. A breach occurs when they act—or fail to act—in a way that falls below this standard.
Causation
It must be shown that the provider’s negligence directly caused or significantly contributed to the birth injury. This often requires expert testimony and a detailed review of medical records.
Damages
Families must demonstrate the harm suffered as a result of negligence. Damages may include medical costs, lost earning capacity, pain and suffering, and the need for lifelong care.
Role of Expert Testimony
Connecticut law requires expert medical testimony to establish the standard of care and explain how it was breached. Our team works with qualified experts to analyze records and testify how proper care could have prevented the injury.
Importance of Medical Records
Hospital records, fetal monitoring strips, nursing notes, and physician documentation provide critical evidence. Our attorneys carefully review these records to identify deviations from accepted practices and build strong cases for our clients.
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Connecticut Birth Injury Laws and Time Limits
Understanding these legal requirements and deadlines is essential for protecting your family’s rights. Delays in seeking legal counsel can result in the loss of your right to pursue compensation for your child’s injuries.
Connecticut Statute of Limitations
Connecticut law imposes specific time limits for filing medical malpractice lawsuits, including birth injury cases. Generally, families have two years from the date they discovered or reasonably should have discovered the injury to file a lawsuit. However, there is an absolute deadline of three years from the date of the alleged malpractice, regardless of when the injury was discovered.
Connecticut applies the same statute of limitations to all patients, including minors. Unlike some other states, Connecticut does not provide special extensions for cases involving children. It’s crucial to consult with an attorney as soon as possible to protect your rights and ensure all deadlines are met.
Certificate of Good Faith
Connecticut requires a certificate of good faith before filing medical malpractice lawsuits. This certificate, signed by a qualified medical expert, must state that there are reasonable grounds to believe that the healthcare provider’s care fell below the accepted standard and caused the alleged injury.
Compensation for Labor and Delivery Errors
Families affected by labor and delivery errors may be entitled to various forms of compensation to cover the significant costs and long-term impacts of birth injuries. Our record-breaking verdicts include substantial awards for families facing these challenges.
Economic Damages
Economic damages cover the measurable financial costs of a birth injury. These often include current and future medical expenses, such as surgeries, medications, physical therapy, occupational therapy, and speech therapy. Families may also face costs for adaptive equipment, home modifications, and assistive technology, including wheelchairs, communication devices, and accessibility renovations.
Lost Earning Capacity
Birth injuries that cause intellectual disabilities or physical limitations can impact a child’s future ability to work and earn income. Compensation for lost earning potential helps address this long-term financial burden.
Non-Economic Damages
Non-economic damages compensate for the pain, suffering, and loss of quality of life endured by both the child and their family. These damages recognize the emotional trauma, physical discomfort, and diminished life experiences caused by preventable birth injuries.
Educational and Long-Term Care Costs
Many children require specialized education or additional support services, including private schooling or tutoring. The need for lifelong care and supervision can also create substantial ongoing expenses, which must be factored into any settlement or verdict.
Punitive Damages
In cases involving particularly severe injuries or egregious negligence, punitive damages may be available to punish the wrongdoer and deter similar conduct in the future.
Legal Awards & Recognition
Claggett, Sykes & Garza Trial Lawyers is recognized as one of Connecticut’s premier trial firms, with a proven record of achieving record-breaking results for clients. Our attorneys have received numerous accolades for their excellence in medical malpractice litigation.
Andrew Garza
Andrew Garza, co-founder and chief legal officer, was honored as the 2022 Keenan Trial Institute Trial Lawyer of the Year, recognizing his excellence in trial advocacy. In 2023, he was named Lawyer of the Year by the New England Legal Awards. Andrew has been selected for Super Lawyers (2016–2023) and was included in Best Lawyers in America (2024) for Personal Injury Litigation – Plaintiffs, reflecting his outstanding reputation among peers.
Jonathan “Jak” Kocienda
Partner Jonathan “Jak” Kocienda brings 22 years of medical malpractice experience, with deep insight into complex medical issues and healthcare standards. His expertise is particularly valuable in birth injury cases, where specialized knowledge is critical.
Firm Achievements
Claggett, Sykes & Garza Trial Lawyers has secured multiple record-breaking verdicts. These include a $100 million catastrophic injury verdict, the largest bodily injury verdict in Connecticut history, and a $48.6 million medical malpractice verdict involving locked-in syndrome. These results highlight the firm’s ability to succeed in highly complex and challenging cases.
Contact Our Labor and Delivery Error Lawyers Today
If your child suffered injuries from medical negligence during labor and delivery, act quickly—Connecticut law limits the time to file a claim.
At Claggett, Sykes & Garza Trial Lawyers, we offer free consultations and work on a contingency fee basis—you pay nothing unless we win. Contact us online or call 860-469-4557 to speak with our experienced Connecticut birth injury lawyers and pursue the justice and compensation your family deserves.
Frequently Asked Questions
What should I do if I suspect my child suffered a birth injury?
If you suspect your child suffered a birth injury due to medical negligence, seek immediate medical attention for your child’s condition and preserve all medical records related to the pregnancy, labor, and delivery. Contact an experienced birth injury attorney as soon as possible to discuss your case, as Connecticut’s statute of limitations imposes strict deadlines for filing medical malpractice claims. Early legal consultation can help protect your rights and ensure important evidence is preserved.
How long do I have to file a birth injury lawsuit in Connecticut?
Connecticut law generally provides two years from the date you discovered or reasonably should have discovered the injury to file a medical malpractice lawsuit, with an absolute deadline of three years from the date of the alleged malpractice. Connecticut applies the same statute of limitations to all patients, including minors, without special extensions for children. It’s crucial to consult with an attorney immediately to ensure your rights are protected and all deadlines are met.
What compensation can I recover for my child’s birth injury?
Compensation for birth injuries may include current and future medical expenses, costs for specialized care and therapy, adaptive equipment and home modifications, lost earning capacity, pain and suffering, and loss of quality of life. Economic damages address the financial costs of the injury, while non-economic damages compensate for the emotional and physical impacts on your child and family. The specific amount of compensation depends on the severity of the injury, the extent of negligence, and the long-term needs of your child.
How do you prove medical negligence in birth injury cases?
Proving medical negligence in birth injury cases requires establishing four elements: duty of care, breach of the standard of care, causation, and damages. This typically involves extensive medical record analysis, expert medical testimony, and demonstration that healthcare providers failed to follow accepted medical practices. Our legal team works with qualified medical experts who can review the care provided and testify about how proper medical management could have prevented the injury.
Do I need to pay attorney fees up front?
No, Claggett, Sykes & Garza Trial Lawyers works on a contingency fee basis for birth injury cases. This means you pay no attorney fees unless we successfully recover compensation for your family. We provide free initial consultations to evaluate your case and explain your legal options. This arrangement ensures that families have access to experienced legal representation regardless of their financial situation, allowing you to focus on your child’s care while we handle the legal aspects of your case.
