Glastonbury Birth Injury Lawyer

Fighting for the Rights of Parents & Children

Birth injuries are some of the most devastating types of medical malpractice. They can lead to lifelong health problems, requiring extensive medical treatment and care for the injured child. Although we can't undo a birth injury or fully compensate a family for all they have lost due to negligence, we can work to obtain the compensation that our clients deserve to provide the resources necessary to pay for medical care and other issues now and into the future.

Since 1955, RisCassi & Davis, P.C. has been protecting the rights of injured victims and their families. Our firm litigated the first birth injury case ever in the state of Connecticut. We have handled all types of birth injury cases, obtaining top settlements and verdicts against a wide variety of doctors, nurses, and other medical providers.

Contact our firm today to schedule your free, confidential evaluation with one of our dedicated birth injury attorneys in Hartford; call (860) 245-2412 now.

What Is a Birth Injury?

A birth injury is an injury to either an unborn or newborn child as the result of negligent medical care or treatment. These injuries can cause permanent damage and/or long-term health problems for the infant. In some cases, babies suffer wrongful death due to healthcare negligence before, during, or after delivery.

A birth injury may occur at the time of delivery or during the prenatal and antenatal care stages. Examples of negligence that can result in a birth injury include failing to properly diagnose a potential problem in the mother or child, failing to recognize fetal distress properly, negligently administering medication to the mother or fetus, or negligently using a birthing tool such as forceps or vacuum extractors.

Birth injuries can present some of the most challenging cases that an attorney can handle, as the injuries can be extremely serious, even catastrophic, and the enormity of the situation is overwhelming. You can feel confident trusting your case to our highly experienced birth injury attorney team.

Most Common Types of Birth Injuries

The prevalence and nature of birth injuries can and does change over time, depending on circumstances such as current medical procedures, instruments or devices used during delivery, and more. However, some birth injuries caused by negligence that could and should have been prevented are common regardless of these circumstances.

Some of the most prevalent types of birth injuries include:

• Apgar score issues
• Cerebral palsy
• Developmental delays
• Brachial plexus injuries
• Other nerve disorders
• Bone fractures
• Premature birth and complications
• Facial paralysis
• Organ failure
• Bleeding in the brain
• Learning disabilities
• Seizure disorders
• Birth asphyxia and oxygen deprivation
• Stillbirth or neonatal death

Compensation for Birth Injuries

Because birth injuries are so serious and often cause permanent damage or disability, they also tend to be some of the most expensive injury cases—not only for the liable parties but, more importantly, for the victims. Birth injury survivors may require lifelong medical treatment or around-the-clock care, which can be costly. As such, it is vitally important that victims and their families are compensated fairly and fully for past and future losses so that they can continue to focus on their health and quality of life.

In a birth injury case in Connecticut, you may be granted damages for the following losses:

• Medical bills and related expenses (e.g. home nursing care, medication, etc.)
• Pain and suffering
• Emotional anguish and/or trauma
• Cost of necessary modifications to a vehicle or home
• Lost income and, if applicable, reduced or lost earning capacity
• Lost/affected quality of life
• Scarring and/or disfigurement
• Loss of consortium

The compensation you are awarded in your birth injury case with the help of our Hartford birth injury lawyers can not only help your family afford current treatments and therapies but can also establish resources to help you cover these costs in the future, perhaps allowing you to acquire the newest technologies and treatments as they become available.

Who Is Liable for a Birth Injury?

When a birth injury happens, it can be difficult for parents to understand both how and why it occurred in the first place. We can assure you that birth injuries are nearly always the result of some form of medical negligence. Determining how a birth injury occurred is one of the first things your attorney will do, as this will help allocate liability.

Every birth injury case depends on proving two main factors—a negligent act occurred and the act caused the injuries.

Our birth injury lawyers in Hartford work to solve such issues, determining how the injury could have been prevented and why the at-fault party(s) behaved in the way they did when they should have recognized the birth injury risks.

Some of the most common examples of parties who negligently cause or contribute to a birth injury include:

• Obstetricians and obstetric nurses
• Pediatricians and pediatric nurses
• Urologists and/or anesthesiologists
• Maternity ward staff
• Hospital staff

Like any other type of medical malpractice, when a mistake leads to a birth injury, the medical professional, hospital, or other party that is liable will go to great lengths to deny any negligent behavior. This means you need a team who can investigate the complex details surrounding your birth injury, identifying both the liable party and the specific negligent actions that led to the injuries.

Our team at RisCassi & Davis, P.C. has the resources and experience needed to effectively investigate, build, and win your case. We take these types of cases very personally. While you've likely never gone through a situation like this before, we have.

How to File a Birth Injury Lawsuit in Connecticut

Connecticut birth injury lawsuits, like all other personal injury lawsuits, are subject to statutes of limitations, which are deadlines imposed on victims by the state that restrict their ability to bring lawsuits after a certain period of time.

Generally speaking, birth injuries can be complex and it is not immediately apparent that a birth injury has, in fact, occurred, and if so, what caused it. Further, the law understands that parents' first thoughts when their children are diagnosed with birth injuries may not be to call a birth injury attorney and file a lawsuit. Because of this and the devastating nature of birth injuries, the state generally allows a longer filing period. However, it is still essential that you get your lawsuit started as soon as possible because the longer you wait, the more difficult it becomes to prove that negligence occurred.

In Connecticut, the deadline is as follows:

• The case must be brought forward within two years of the date that injury was discovered or should have reasonably been discovered.
• The case becomes barred if two years pass after the child's 18th birthday (at which point they become a legal adult) if the child was not in any way incapacitated by the injuries (in these situations, exceptions can be made).
• There is assumed to be no injury for the first 72 hours of an infant's life, only mild injury exists during the first week of life, and moderate injury exists during the first 20 days of life as a baby recovers from "the stress of labor."

In a birth injury lawsuit, you must demonstrate that a birth injury occurred and that the injury was caused by negligence. This means evidence of the diagnosis and causation must be established by a highly trained medical professional.

Why Should I Hire a Birth Injury Attorney?

Parents who are in the first stages of dealing with a birth injury diagnosis face incredible internal conflict in the week, months, or even year following a birth injury. You likely know that your child's life will never be the same—and neither will your own. You may blame yourselves for what has happened, but you usually have no idea anything could have been done differently because you are not experienced in birth injury law.

We can partner you with a birth injury attorney in Glastonbury who can answer your questions and help you feel confident in your ability to recover the compensation your family deserves.

Schedule a Free Consultation with Our Birth Injury Attorneys in Hartford

After you first give birth, you will be filled with many emotions, be they joy, exhaustion, or overwhelming love for your new baby. The last thing anyone expects is to leave the hospital and receive a birth injury diagnosis for their child. When your child is the victim of a birth injury, you can file a lawsuit to recover compensation for your past and future damages and pain and suffering.

At RisCassi & Davis, P.C., our birth injury attorneys in Hartford are ready to guide you through this process from the moment you call. We've worked with those affected by negligent nurses, doctors who misdiagnose, OB/GYNs who fail to monitor pregnancy risks, and more—and won.

If you have more questions about birth injury lawsuits, guidance regarding Connecticut's statute of limitations, or are interested in beginning a birth injury case with a team of experienced birth injury lawyers in Hartford, we encourage you to give us a call now. We are available 24/7 by phone and offer free, confidential consultations and case evaluations; there is no pressure and there are no obligations when you call.

Contact our firm today to schedule your free, confidential evaluation with one of our dedicated birth injury attorneys in Hartford; call (860) 245-2412 now.

FAQ – Glastonbury Birth Injury Lawyer

What constitutes a birth injury?
A birth injury occurs when a baby suffers physical harm during labor and delivery, often due to medical negligence or improper medical procedures.

What are common causes of birth injuries?
Common causes include improper use of delivery instruments, failure to monitor the baby’s heart rate, lack of oxygen during delivery, and failure to perform a timely C-section.

How can I tell if I have a valid birth injury claim?
To have a valid claim, you must demonstrate that the healthcare provider acted negligently and that this negligence directly caused the birth injury. Our attorneys can help assess your case.

What kind of compensation can I seek?
You may be entitled to compensation for medical expenses, ongoing care, pain and suffering, and lost wages if you have to take time off work to care for your child.

How long do I have to file a birth injury claim in Connecticut?
In Connecticut, the statute of limitations for medical malpractice claims, including birth injuries, is generally two years from the date of the injury or the date you became aware of it.

Will I need expert witnesses for my case?
Yes, expert witnesses are often essential in birth injury cases to establish the standard of care that should have been provided and to demonstrate how it was violated.

What should I do if I suspect my child has a birth injury?
If you suspect a birth injury, seek immediate medical attention for your child. After ensuring their health and safety, contact a qualified attorney to discuss your legal options.