A traumatic birth experience that involves injury can lead to confusion, frustration, and apprehension. Navigating this challenging time is even more stressful afterward—the overwhelming medical bills, ongoing health issues, and the pursuit of justice.
If you or a loved one suffered the devastating effects of a birth injury in Waterbury, know you are not alone.
The Flood Law Firm's dedicated and experienced team of lawyers seeks rightful compensation and justice for families suffering the repercussions of birth injuries. We understand the implications of these incidents and will shoulder the legal burdens so you can focus on healing.
With our successful record in handling birth injury cases and understanding of the complexities these circumstances involve, we can navigate this difficult journey. Contact us today for an obligation-free case evaluation, and find out how our Waterbury birth injury lawyers can work with you to manage this challenging situation.
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Why Choose The Flood Law Firm?
It's important to choose a competent and successful lawyer to manage your affairs. The Flood Law Firm has decades of experience seeking compensation for injured parties in Waterbury through Connecticut's legal process. We understand the legal intricacies and emotional distress this process involves.
Our Waterbury personal injury lawyers will protect your rights and advocate for your interests using our intimate knowledge of the local hospitals and healthcare institutions, which can allow us to represent you effectively.
Understanding Birth Injury Compensation
According to Medscape, about seven significant birth injuries occur in every 1,000 live births in the United States and can result in life-long medical issues or death. Families that birth injuries have affected may be eligible for compensation, including medical expenses, loss of future income, and damages for pain and suffering.
The actual worth of your damages will depend on the severity of the injury, its lasting effects, and contributory negligence. The Flood Law Firm can evaluate your case and explain your rights and the potential for compensation through Connecticut's medical malpractice claims process.
Birth Injuries in Waterbury: A Local Perspective
Obstetrician-gynecologists (OB/GYNs) provide services during pregnancy, labor, and delivery in various private practices, hospitals, and clinics throughout the region. Birth injuries can occur anywhere, including here in Waterbury.
The team at The Flood Law Firm understands the local landscape and has represented clients who have experienced birth-related injuries in the region's hospitals, including Waterbury Hospital's Family Birthing Center and Saint Mary's. We educate the Waterbury community about these injuries and the importance of seeking legal help when they occur.
Understanding Birth Injuries
According to Contemporary OB/GYN Journal, medical malpractice claims involving birth injuries occur frequently, and half of all OB/GYNs will face legal action at least once before they reach age 55. Birth injuries can range from minor bruises to severe neurological injuries.
Typical birth injuries include:
- Cerebral palsy: According to the Centers for Disease Control and Prevention, the term cerebral palsy refers to disorders that can hinder a child's ability to move and maintain balance or posture, often resulting from damage to the developing brain.
- Bruising or forceps marks: As Cleveland Clinic explains, forceps resemble metal salad tongs that medical providers use to pull the baby from the birth canal if the mother cannot push or labor stalls. Recent decades have seen a decline in the use of forceps, as there is a lack of training in how to use them properly. Forceps-involved deliveries occur in about 0.5 percent of all vaginal births in the United States.
- Facial paralysis: Facial paralysis can occur through the improper use of forceps or vacuum extraction-assisted births.
- Fractures: Bone fractures can occur through the use of birthing tools or during the delivery of a large infant entrapped in the birth canal.
These injuries can result from medical negligence, which refers to the provider's failure to offer a standard of care that includes all reasonable efforts to avoid causing harm to the mother or infant.
Examples of the types of medical negligence that result in injury to the infant during the birth process include:
- Using birthing tools, including vacuum suction and forceps, inappropriately.
- Failing to monitor the baby's oxygen level.
- Delaying a necessary cesarean section when lab reports, ultrasounds, and other medical tests indicate one is essential.
- Providing a cesarean section when it is not medically necessary, subjecting the mother to unneeded surgery and the risks that surgical procedures involve.
- Failing to diagnose a medical condition in the mother or infant during pregnancy. Gestational diabetes, for example, is a common condition that develops in mothers during pregnancy. Failing to diagnose and treat this condition can lead to premature delivery and very large babies.
- Prematurely discharging the child from the hospital or failing to provide adequate follow-up of concerns present at delivery.
While the term birth injury usually refers to injuries to the infant, the mother can also suffer harm during the birth due to medical negligence. Incidents that can occur during pregnancy, labor, or delivery include the failure to diagnose dangerous conditions during pregnancy, failure to monitor excessive tearing or bleeding during or after the birth, or errors occurring during a cesarean section.
The United States has the highest rate of maternal mortality in the industrialized world, with 700 to 900 women dying each year in pregnancy and childbirth. For each death, 70 women suffer hemorrhages, organ failure, and other significant complications.
The report notes that a study at Cedars Sinai Hospital in Los Angeles found that in 44 percent of cases involving life-threatening complications during pregnancy and childbirth, the expectant mother could have received better care. A 60 percent increase in emergency hysterectomies after a childbirth complication in recent years stems from bleeding or infection, and the rate of new mothers needing breathing tubes or treatment for sepsis following birth has risen by 75 percent.
Birth injuries can have lifelong emotional and physical consequences for the child, the mother, and their family. The Flood Law Firm will seek the compensation you deserve, allowing you to recover financially after an injury during pregnancy, labor, or delivery due to medical error.
Battling Insurance Companies
Healthcare providers in Waterbury must obtain and maintain medical malpractice insurance policies with coverage of at least $500,000 per claim or aggregate coverage of at least $1.5 million, according to state regulations.
A facility, such as a hospital, clinic, or private practice, will obtain a policy to cover the liability of their employed staff, such as nurses, physician's assistants, and administrative workers. Doctors are often independent contractors rather than employees and usually have a policy to provide coverage for errors they or staff under their direct supervision make.
The Claims Process
The medical malpractice claims process begins when the injured child's family hires an attorney to handle their claim. A Waterbury birth injury lawyer from The Flood Law Firm will investigate the incident to determine who was at fault and the medical malpractice insurance policy available.
Once the infant's condition is stable and further treatment is not reasonably expected to provide further recovery, the attorney will establish a value for the claim and prepare a demand package to send to the at-fault provider's insurer. The demand package will contain details of the incident and documentation showing liability and justifying the claim's value.
When the insurance company receives the demand, they will assign a claims adjuster to evaluate your case and determine how much compensation the provider owes you. The claims adjuster can choose to accept the demand and pay the claim, deny the claim and provide your attorney with a written reason for the denial, or make an offer to settle the claim for less than its established value.
Settlements are the typical resolution for medical malpractice claims, as they are faster and less expensive than litigation in most cases.
If the insurance company fails to provide fair compensation for the claim, you can file it in court as a medical malpractice lawsuit. You must file the claim within two years of the date when you discovered a medical error that the injury caused.
Failing to meet this two-year deadline, or the statute of limitations, will generally bar you from using the court process to seek compensation and free the insurance company from the legal obligation to resolve the claim, meaning a settlement is unlikely.
When you hire a Waterbury birth injury lawyer from The Flood Law Firm to handle your claim, they will protect your right to use the court process by managing the timeline of the case.
Along with the legal complaint (lawsuit), Connecticut law requires the claimant's attorney to submit a certification of reasonable inquiry, which states that the attorney has made a good-faith effort to ensure that the details of the case show that medical negligence was the likely cause of the infant's injury. They must also obtain an opinion letter from a qualified medical provider who established medical negligence.
While a settlement can occur at any time during the claim, your attorney will begin preparing your case for trial after you file your claim. This involves discovery, which is the exchange of information and witness testimony that each party plans to present at trial, filing and responding to motions, and attending pretrial hearings on your behalf.
Insurance companies may attempt to deny birth injury claims or offer settlements for far less than your case is worth. The Flood Law Firm can handle these challenges, protect your interests, and fight for the compensation you deserve.
Steps to Take After a Birth Injury
After the mother or infant suffers a birth injury, following their medical provider's treatment plans is crucial to provide them with the best opportunity to recover. If you have records of relevant information pertaining to your case, bring this information to us—we will leverage it to build the strongest case possible. The legal team at The Flood Law Firm can gather any additional evidence to prove your claim.
Contact The Flood Law Firm Today
Birth injuries can lead to a lifetime of medical needs. If your family is suffering the consequences of a mother or child's injury resulting from childbirth in Waterbury, contact The Flood Law Firm.
We offer a free case evaluation and will work with you to seek justice and compensation. We understand the pain and confusion following such a devastating incident and will provide the legal support your family needs during this difficult time.
Contact us today through our online contact form or by calling our Waterbury office at (203) 575-1153.
Client Testimonial
"Treated with respect by everyone I came into contact with at the Waterbury office. They are very good at communicating with their clients and responsive. Very professional staff and attorneys! I was very pleased with the outcome of my settlement and would def recommend them! Thank you Flood Law Firm!" -Christina K. ⭐⭐⭐⭐⭐
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The Flood Law Firm - Waterbury Office
144 Buckingham Street
Waterbury, CT 06710
P: 203-575-1153
