An expectant family relies on its medical team for sound advice and appropriate care throughout the pregnancy as well as during and after the delivery. Medical professionals have a duty to provide the highest level of care at every stage, and any failure to fulfill that duty leaves both mother and child at risk of serious complications that could have life-changing implications.
If you or your child has suffered any type of harm as the result of a medical professional’s negligence at any stage of your pregnancy or the delivery, you may have grounds to seek compensation from the responsible parties. These are complex cases that require the attention of a reliable medical malpractice attorney in New Haven. Be sure that you have the strongest available representation behind you at all times. At the Law Office of Carl A. Secola, Jr., LLC, we will fight for you every step of the way. Contact our New Haven birth injury lawyer today for your free consultation.
Do You Have A Birth Injury Claim in New Haven?
In New Haven, a birth injury claim arises when a newborn or mother sustains injuries during the labor and delivery process due to medical negligence or malpractice. Birth injuries can have significant and long-lasting consequences for the affected child and their family.
These claims typically involve seeking compensation for the damages incurred, including medical expenses, ongoing care and treatment, pain and suffering, and other related losses. Birth injuries can range from minor injuries to more severe conditions such as cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and other neurological or physical impairments.
Why Choose the Law Office of Carl A. Secola Jr., LLC?
At the Law Office of Carl A. Secola, Jr., LLC, clients throughout Connecticut receive the benefit of our founding attorneys’ more than 35 years of experience representing injury victims in medical negligence claims.
His substantial background with birth injury cases has given him a keen insight into the harm that victims can suffer and the care that they will need to recover. At our firm, we are New Haven personal injury attorneys who pursue every available option in an effort to obtain the best available outcome in each case.
Examples of New Haven Birth Injuries We Handle
Our New Haven birth injury attorneys are prepared to represent you in any birth injury claim, including those involving:
- Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. It is usually caused by brain damage during pregnancy, childbirth, or shortly after birth.
- Erb’s Palsy: Erb’s palsy is a condition that occurs when the nerves in a baby’s upper arm are damaged during birth, often due to excessive stretching or pulling.
- Hypoxia: Hypoxia refers to a lack of oxygen supply to the body or specific organs, such as the brain. During childbirth, if the baby’s oxygen supply is compromised, it can lead to hypoxic-ischemic injury and potential long-term complications.
- Shoulder Dystocia and Brachial Plexus Injuries: Shoulder dystocia and brachial plexus injuries can occur during childbirth when the baby’s shoulder becomes stuck behind the mother’s pubic bone. This can cause nerve damage in the brachial plexus, leading to weakness or paralysis in the affected arm.
- Forceps Injuries: Forceps injuries may occur when medical practitioners use forceps, a surgical instrument, to assist with delivery. If not used properly, forceps can cause injuries to the baby’s head, face, or neck.
- Placental Abruption: Placental abruption is a condition where the placenta separates from the uterine wall before delivery, which can cause severe bleeding and compromise the baby’s oxygen supply.
- Negligent Prenatal or Postnatal Care: Negligent prenatal or postnatal care refers to healthcare providers failing to provide appropriate medical care, monitoring, or follow-up during pregnancy and after birth, potentially leading to harm for the mother or baby.
- Failure to Monitor Vital Signs: Failure to monitor vital signs can result in medical professionals not adequately tracking the mother’s and baby’s health during childbirth, leading to delayed or inadequate interventions.
- Failure to Diagnose and Treat Preeclampsia or Eclampsia: Failure to diagnose and treat conditions like preeclampsia or eclampsia, which involve high blood pressure during pregnancy, can have severe consequences for both the mother and baby, as stated from our New Haven failure to diagnose attorneys.
- Delayed or Unnecessary Cesarean Section (C-section): Delayed or unnecessary cesarean section (C-section) refers to situations where a C-section delivery is not performed promptly or is performed when it is not medically necessary, potentially leading to complications and harm to the mother or baby.
- Errors Leading to the Death of the Mother or Child: Errors leading to the death of the mother or child can occur during childbirth due to medical negligence or mistakes, resulting in fatal outcomes.
New Haven Medical Malpractice Review Board
In New Haven, there is a process for medical review in cases of potential medical malpractice, including birth injuries. The Connecticut Medical Malpractice Review Panel is responsible for reviewing medical malpractice claims before they proceed to court.
When a medical malpractice lawsuit is filed, the case is typically referred to the Medical Malpractice Review Panel. The panel consists of healthcare professionals who review the facts and evidence presented in the case. Their role is to assess the merits of the claim and provide a non-binding opinion on whether there is sufficient evidence of malpractice.
The panel’s opinion is not a final decision, but it can have an impact on the subsequent legal proceedings. The panel’s opinion is admissible in court as evidence, and if they find that there is no evidence of malpractice, the claimant must obtain a written opinion from a similar healthcare professional to proceed with the lawsuit.
Role of Expert Testimony in New Haven Birth Injury Claims
Expert testimony plays a crucial role in birth injury claims. In these cases, expert witnesses are often called upon to provide their professional opinions and expertise regarding various aspects of the case. Here are some key roles of expert testimony in birth injury claims:
- Establishing the Standard of Care: Experts in the field of obstetrics, neonatology, or relevant medical specialties can explain the standard of care that healthcare providers should have followed during the birth. They evaluate the actions and decisions of the medical professionals involved and determine whether they deviated from accepted standards.
- Evaluating Negligence: Expert witnesses can assess whether medical negligence or malpractice occurred. They review medical records, relevant documentation, and other evidence to identify instances where healthcare providers failed to meet the standard of care, contributing to the birth injury.
- Demonstrating Causation: Experts can help establish a direct link between the negligence of the healthcare provider(s) and the birth injury. They evaluate the specific circumstances, medical records, and available evidence to determine how the negligence contributed to or caused the injury.
- Educating the Court: Expert witnesses educate the court and the jury about complex medical concepts, procedures, and practices involved in the birth injury case. They simplify technical information, helping the court and the jury understand the medical aspects of the case and make informed decisions.
- Providing Professional Opinions: Experts offer their professional opinions based on their experience and knowledge in the field. They may opine on issues such as the long-term effects of the birth injury, the prognosis, the need for ongoing medical care, and the impact on the child’s quality of life.
- Strengthening the Plaintiff’s Case: Expert testimony can strengthen the plaintiff’s case by providing authoritative and objective opinions from highly qualified professionals. Their expertise lends credibility to the claims made by the injured party and can be influential in the outcome of the case.
What Is The Statute of Limitations for New Haven Birth Injury Claims?
The statute of limitations for New Haven birth injury claims sets a specific time limit within which legal action must be initiated. In Connecticut, the statute of limitations for birth injury claims is generally two years from the date of the injury or when the injury reasonably should have been discovered. However, there are exceptions and specific rules that may apply depending on the circumstances of the case.
Discuss Your Delivery Error Concerns With A New Haven Birth Injury Lawyer
If your child has suffered a birth injury in New Haven, it is crucial to seek legal representation from a compassionate and experienced birth injury claims lawyer. At the Law Office of Carl A. Secola, Jr., LLC, understand the emotional and financial toll that birth injuries can have on families, and we are dedicated to advocating for the rights of affected children and their parents.
A New Haven birth injury attorney from our office has the knowledge and experience to navigate the complex landscape of birth injury claims and will work tirelessly to hold the responsible parties accountable. We are committed to securing the compensation needed to cover medical expenses, ongoing care, and other damages associated with the birth injury. We represent clients throughout the New Haven area and across Connecticut.
If you or your child has been harmed in any way because of a medical professional’s error during pregnancy or at any time during the delivery process, contact our Connecticut personal injury lawyer to discuss your rights and legal options. You can reach us by phone at 203-891-5265 or schedule a free consultation.