The birth of a child should bring joy to the parents and their family. This joy, however, can swiftly turn to heartbreak when medical negligence or malpractice leads to a birth injury. These injuries can devastate the child and their family, often resulting in physical, emotional, and financial hardship.
If you or your child suffered a birth injury in Danbury, you may recover significant compensation.
The Flood Law Firm, with its team of seasoned Danbury birth injury lawyers, fights for families after these traumatic incidents. We understand the profound consequences of these injuries, and our mission is to work with you to navigate the convoluted legal process and strive relentlessly to secure the highest possible compensation.
Contact The Flood Law firm today for a free case evaluation and embark on your journey toward justice and recompense.
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Why Choose The Flood Law Firm?
The Flood Law Firm has a proven track record of winning birth injury cases. Our team of dedicated personal injury lawyers in Danbury has experience with this type of claim and fights for victims of birth injury incidents. We take pride in our personalized, client-centered approach and will advocate tirelessly to secure the compensation you deserve.
Birth Injury Compensation
The Flood Law Firm strives to secure maximum financial compensation for families that have experienced birth injuries. These damages can cover medical bills, therapy costs, pain and suffering, and more.
We understand the financial stress these injuries cause, especially when lifelong medical care is necessary. Our dedicated attorneys meticulously calculate compensation by considering all future care costs, expenses of assistive devices, loss of income, and emotional distress.
Where Do Birth Injuries Occur in Danbury?
Birth injuries can occur at any medical facility, irrespective of their reputation. It's alarming to note the prevalence of birth injuries in and around Danbury, with several cases occurring in various hospitals and clinics across the region. This highlights the need for continuous vigilance and the importance of seeking legal help when these unfortunate incidents happen.
Practice Area: Birth Injuries
There are various types of birth injuries, each with different causes and implications. These include cerebral palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy. Negligent actions by a medical provider can cause these injuries.
Common provider errors that result in birth injuries include:
- Failure to diagnose a condition affecting the mother or infant during pregnancy: As Contemporary OB/GYN explains, healthcare providers can use several tools to ensure that a pregnant woman and her unborn child are healthy and the pregnancy is progressing normally. An ultrasound is one example. Issues such as poor-quality equipment or poorly trained personnel conducting the procedure can lead to low-quality images and the potential of missing signs that could inform the doctor's diagnosis and treatment of the condition.
- Failure to perform a timely cesarean section when medically indicated: The American College of Obstetricians and Gynecologists reports that there are several medical indications for a cesarean section, including an abnormally long or slow labor, an abnormal fetal heart rate, the baby presenting in a breech position in the birth canal, or a multiple pregnancy. A doctor failing to perform the procedure after detecting these indications can result in oxygen deprivation for the infant or other catastrophic outcomes.
- Failure to properly monitor the infant's vitals during labor and after birth: Doctors, nurses, and other healthcare personnel must provide continual monitoring of the baby in the hours after birth to assess heart rate, breathing effort, muscle tone, reflexes, and color. These evaluations aim to discover health problems that could hinder the infant's well-being. Additional physical exams can determine the baby's birth weight, measurement, head circumference, temperature, and other information.
- Improper use of birthing tools, including forceps or vacuum suction: When a woman's labor stalls during the stage when she is ready to push, the use of certain birthing tools, such as forceps and vacuum suction, is common. Cleveland Clinic reports that there has been a decline in the use of such tools simultaneous to an increase in cesarean sections, but around five percent of vaginal births still involve forceps, and 2.6 percent utilize vacuum suction. Doctors should not use these tools when the baby is too large to fit through the birth canal, the mother is not completely dilated, or the medical personnel cannot determine the baby's position.
- Premature discharge from the hospital: According to a published study from the National Library of Medicine, releasing a mother and infant from the hospital too early carries risks. Feeding-related problems, for example, may occur if the mother and child have not had enough time and assistance to establish breastfeeding. Other risks include unidentified health problems with the mother or child at discharge.
Injuries due to medical negligence during pregnancy, labor, delivery, and the following hours can have long-term consequences on the child's cognitive function, motor skills, and overall quality of life.
Fighting the Insurance Company
According to the Connecticut State Department of Health, providers who give direct care to patients in the state must obtain and maintain medical malpractice insurance with not less than $500,000 in coverage per individual per occurrence and an aggregate of not less than $1,500,000. This professional liability insurance covers patients who suffer injuries due to a medical mistake by the provider and provide a legal defense for a provider who is fighting a medical malpractice claim.
Dealing with insurance companies following a birth injury can be incredibly challenging. These companies often seek to minimize their liability and might deny the claim or offer a lower settlement than you deserve.
The Flood Law Firm will investigate the claim and determine the source of liability and the relevant malpractice insurance policy to file against. Doctors generally work as independent contractors with privileges at specific medical facilities. They carry their own medical malpractice insurance to cover claims against them for errors they make or for mistakes by other personnel directly under their supervision. The facility's malpractice policy also covers medical personnel, as the medical practice is liable for the actions of its employees.
Once your child's condition stabilizes and the medical personnel does not expect continued treatment to provide meaningful recovery, your attorney can calculate a claim value by assessing the financial and psychological effects of the injury and the presence of permanent conditions that will require ongoing medical care and services throughout the child's life.
After your lawyer determines the value of your claim, they can send a demand package to the insurance company that provides the at-fault party's malpractice policy. The insurance company will assign a claims adjuster to evaluate this claim, determine if the medical care provider was liable, and calculate how much compensation they owe.
The adjuster may decide to pay the claim, deny it and provide notification to the claimant and their attorney (including a reason for the denial), or offer to settle the claim out of court for less than its established value. You can file a medical malpractice lawsuit if the insurer fails to pay the claim.
The Requirements for Filing a Medical Malpractice Lawsuit
Medical malpractice claims, like all personal injury claims, commonly settle without going to court. These cases, however, are typically valued higher than other types of personal injury claims and are prone to disputes in liability and value, which can lead to litigation.
Unlike most states, Connecticut does not provide additional time for child medical malpractice claimants to reach the age of majority and file a claim on their own. You must file medical malpractice lawsuits within three years of the date of the injury.
Along with the legal complaint, a Danbury birth injury lawyer must file a certificate declaring that a qualified medical expert determined in good faith that a medical error occurred. The Flood Law Firm has a network of medical professionals they can approach to obtain a qualified opinion on the facts of your case.
While some states cap the compensation you can receive through a medical malpractice claim, Connecticut has no such limits. Claimants and their attorneys can seek the full value of the financial and emotional consequences of their child's birth injury up to the limits of the provider's medical malpractice policy.
What To Do After a Birth Injury
In the aftermath of a birth injury, it's crucial to follow a doctor's treatment plans closely to provide your child with the best opportunity to recover from their injury, and you should speak with an attorney as soon as possible about your case.
While many people regard a lawyer as a useful option when handling a legal matter, having an attorney handle your medical malpractice claim is crucial to the claim's success, as this legal process necessitates a deep understanding of medical concepts and legal requirements.
Your legal team needs to gather extensive documentation regarding the circumstances surrounding your child's injury and treatment to prepare and file the claim, enter settlement discussions, and file the lawsuit in court—if necessary—before the statute of limitations expires.
The Flood Law Firm team can conduct a comprehensive case evaluation and determine the best course of legal action to pursue your claim.
Affording an Experienced Danbury Birth Injury Lawyer
Many parents who face the unimaginable circumstance of having their child injured during birth due to a medical provider's negligence worry about how they will afford to hire an experienced attorney to handle their case. The Flood Law Firm, however, ensures that those who need our help have access to it.
We offer a free case evaluation, which allows you to speak with an attorney about the details of your case, obtain answers to your legal questions, and learn more about how our legal team handles birth injury claims.
When you hire a Danbury birth injury lawyer from The Flood Law Firm, you will not need to pay any money upfront for our services, and we will not bill you throughout your case. We will ask you to sign a contingent fee agreement instead.
This contract outlines the services we will provide and designates a percentage of the compensation you receive for your claim for your legal fees. If you don't receive compensation, we don't either. If you obtain payment through a negotiated settlement or a court award, we will ensure you receive it and subtract our costs at that time.
Contact The Flood Law Firm Today
We understand the emotional pain, physical suffering, and financial strain a birth injury can cause. Reach out to The Flood Law Firm for a free case evaluation. We will listen to the details of your case, answer your legal questions, and explore the legal options available for you through the medical malpractice claims process.
Trust The Flood Law Firm to stand by your side, fighting relentlessly for justice and compensation. Our committed team will navigate this challenging journey, handling your claim and offering unwavering support every step of the way. Contact us by sending us a message online or calling (203) 448-2631.
The Flood Law Firm - Danbury Office
1 Moss Avenue
Danbury, CT 06810
P: 203-448-2631
