While most mothers make it through the labor and delivery without any long-term issues, any medical mistakes that occur during this process can lead to serious or even fatal injuries. This is true not only for the mother but for the child as well.
If you experienced trauma during labor and delivery due to medical malpractice, you have the right to seek financial compensation. Before you consider legal action, you could benefit from discussing your situation with a skilled birth injury attorney at Berkowitz Hanna. A legal professional can advise you on how best to proceed with Connecticut labor and delivery malpractice lawsuits.
There are many ways a mother or baby could suffer injuries during labor or delivery. While there are inherent risks that come with childbirth, many of these injuries could be avoidable if not for acts of negligence committed by medical professionals. Some of the most common examples of medical malpractice during labor and delivery in Connecticut include:
Any of these medical errors could lead to life-altering health consequences. With the help of an attorney, it could be possible to secure a measure of justice on behalf of the mother and the infant.
To prove that a provider acted negligently, a lawyer will need to establish that the medical professional did not act as a reasonable provider would under the same circumstances. When this is the case, an attorney can allege that the provider committed medical malpractice. If these claims are successful, they could result in monetary damages that cover the cost of medical care, lost wages, or physical pain and suffering.
Every type of lawsuit filed in Connecticut must comply with the statute of limitations, and labor and delivery malpractice cases are no exception. The statute of limitations provides a deadline for these lawsuits, and filing late could lead to the permanent dismissal of a malpractice case. This would leave an injured party unable to obtain any compensation for their losses. In any malpractice case—including those involving labor or delivery—the statutory period generally lasts two years, although there are cases in which this period can be extended.
There is one important exception to the statute of limitations that is commonly used in labor and delivery injury cases. State courts have adopted something known as the “discovery of harm rule.” Under this rule, the statute of limitations does not start to expire until the injured party knows or should have known of the injury, which could give the injured party more time to bring their case. Anyone facing a labor and delivery malpractice case in Connecticut is well-advised to consult with an attorney as soon as possible after the incident to ensure that all necessary paperwork for their lawsuit is filed within the state’s required timeframe.
If you are considering a civil lawsuit related to labor and delivery malpractice, it is vital that you give yourself the best opportunity to succeed. The guidance of a dedicated attorney could be invaluable during every phase of this process. To learn more about Connecticut labor and delivery malpractice lawsuits, contact our office today. During a free consultation, we can assess your case and help you understand your legal compensation options.