Helping Parents After a Birth Injury
If your baby suffered a serious injury during the labor and delivery process, the lives of your entire family will be changed forever. At a time like this, you may be seeking the advice of doctors and other professionals about how you can best meet the challenges ahead. You may also benefit from the counsel of an experienced birth injury lawyer.
At Tremont Sheldon Robinson Mahoney P.C. in Bridgeport, Connecticut, our lawyers understand the emotional and financial issues that families face after a child suffers a birth injury. If that injury was caused by the negligence of the doctor or another medical professional, you may have legal options.
Was the Injury Preventable?
There are risks inherent to the labor and delivery process, and sometimes children suffer serious injuries or die even when doctors and nurses did everything they were supposed to do. In this case, there may be nothing the civil justice system can do to help your family. However, if your child’s injury was caused by medical malpractice, you are entitled to seek compensation for the costs you will face both now and in the future.
The following are examples of birth injuries that may be caused by medical malpractice:
- Cerebral palsy due to birth trauma
- Erb’s palsy caused by forceps delivery
- Vacuum extraction injuries
- Complications due to breech birth
- Brain damage due to hypoxia (oxygen deprivation)
- Injuries caused by failure to perform a timely caesarean section
Our lawyers will consult with medical experts to determine if your child’s injury was due to preventable medical errors.
For More Information About Birth Injuries
Medical Malpractice Frequently Asked Questions
How can I be assured of good medical care while in the hospital?
A.When you are in a hospital, demand specific information:
1. You and a trusted family member should always know the diagnosis and potential procedure.
2. Question each procedure before it is started.
3. Before taking medication, ask what it is for and who prescribed it.
4. Insist that you know the doctor who is in charge of your case overall.
5. Before going into the operating room, find out who they think you are, as well as what operation they expect to perform and where upon your body.
6. You and your family members should not be afraid to complain if you feel the patient is having a problem that is being ignored.
7. Repeat over and over again any allergies or reactions you may have.
8. If your instincts say something is wrong, demand to see the doctor in charge.
9. Never hesitate to ask for and obtain a second opinion.
How long does it take to determine whether I have a medical negligence case?
A.The investigation to determine whether a medical malpractice case exists can take several months and sometimes over a year. This is why it is very important that you consult with an attorney as soon as possible if you feel that you or a family member has been harmed by medical treatment. Before we can decide whether you have a case, we must obtain copies of all your relevant medical records and reports, including at times x-ray and MRI scans. Typically, these records are provided to an out-of-state medical provider in order to determine whether medical rules and standards have been broken. Sometimes we have to consult with doctors in several different medical specialties before we can make a decision on whether we can bring a case for you.
How much time do I have to bring a case against a medical provider, hospital or nursing home for harm caused to me or a family member?
A.Under the law, you generally have two years from the date of malpractice or from when you knew or should have known of the malpractice in which to bring a claim in a court of proper jurisdiction. The maximum amount of time for bringing a claim under any circumstances is three years from the date of malpractice. In order to determine the specific limitation that may apply in your case, you should consult with a lawyer as soon as possible. You can also request a 90-day automatic extension of time in which to file suit, which must be filed before the applicable limitation has expired.
How to best survive a Connecticut hospital stay?
A.To reduce problems during a Connecticut hospital stay, demand specific information. Some guidelines are mentioned below:
• You and a trusted family member should always know the diagnosis and potential procedures.
• Question each procedure that someone is to perform before it is started.
• Before taking medication, ask what it is for and who prescribed it.
• Insist that you know the doctor who is in charge of your case overall.
• Before going into the operating room, find out who they think you are, as well as what operation they expect to perform and where upon your body.
• You and your family members should not be afraid to complain if you feel the patient is having a problem that is being ignored.
• Repeat over and over again any allergies or reactions you may have.
• If your instincts say something is wrong, demand to see the doctor in charge.
• Never hesitate to ask for and obtain a second opinion.
If a patient tragically dies as a result of careless medical care and treatment, can a case still be brought?
A.Yes. In the tragic situation where careless medical care and treatment result in a patient’s death, a lawsuit can be brought by the administrator of the estate of the person who died, whether or not the person had a will.
What is required under the law in order to bring a case against a medical provider, hospital or nursing home for harm caused to me or a family member?
A.Under the law, in order to file a medical negligence claim against a medical provider, hospital or nursing home, we must obtain the written and signed opinion of a similar health care provider stating that there have been violations of the medical rules or standards in the care and treatment provided to a patient and the statement must also give a detailed basis for the opinions. The statement must be filed with the lawsuit. In addition, the attorney must also attach a certificate of probable cause that there is a good faith belief that grounds exist for a lawsuit.