Modern medical practices and technology have substantially reduced the risk of injury posed to both mother and child by difficult labor. Many conditions that previously would have caused life-altering or even fatal harm can now be nullified completely with proper care from qualified professionals. However, there are still circumstances under which doctors assisting with childbirth may choose to use more old-fashioned methods to address prolonged labor, with obstetrical forceps being a prime example.
Unfortunately, as birth injury attorneys know all too well, misuse of forceps during childbirth can cause trauma to the baby and permanently alter the course of their life. If your child has suffered a serious birth injury from this particular type of medical malpractice, do not wait to contact a Danbury forceps injury lawyer. Our team at Berkowitz Hanna has handled countless cases like yours, and we are prepared to get to work for you.
Obstetricians and other medical professionals assisting with childbirth are expected to provide the same level and quality of care to their patients that any other equally qualified physician would under the same circumstances. Choosing to use obstetrical forceps at an inappropriate time, using forceps when a safer alternative method was available, and misusing forceps in such a way that they cause damage to an infant’s skull or spinal cord are all examples of behaviors that could qualify as a legally actionable breach of the “standard of care” described above.
A doctor found to have caused injury through violating the standard of care applicable to them can be made financially responsible for every negative effect that injury will ever have on the affected patient(s), including:
In many situations, a Danbury forceps injury attorney can also help demand compensation from the healthcare organization(s) that employed a negligent obstetrician, as well as from any other individual practitioner whose misconduct contributed to causing or unnecessarily worsening a forceps injury.
A skilled legal professional can provide vital assistance in ensuring you comply with Connecticut state law’s unique restrictions on medical malpractice lawsuits. Most notably, a forceps injury lawyer in Danbury can make sure the “reasonable inquiry” requirement established under Connecticut General Statutes §52-190a does not unduly delay or otherwise impede the pursuit of fair compensation for a birth injury.
In brief, this section of state law requires prospective malpractice plaintiffs to speak with at least one qualified medical expert—as defined under C.G.S. §52-184c—about their case and present all evidence they have gathered in preparation to file suit. Based on their review of that evidence, the medical expert must then draft and sign a report affirming under oath that they believe legally actionable malpractice has occurred and that the plaintiff has valid grounds to file suit. A lawyer can handle these communications and legal steps on your behalf.
Misuse of forceps during childbirth can very easily lead to a child suffering debilitating harm. Because of this, forceps injuries often serve as strong grounds for a medical malpractice claim against the doctor(s) responsible. However, knowing you have a cause of action to sue your child’s doctors is one thing, and getting a positive result from an ensuing lawsuit or settlement demand can be another entirely.
Representation from a Danbury forceps injury lawyer will make a world of difference in how efficiently you can construct the strongest possible claim and how effectively you can demand the compensation your family deserves. Call today to learn what Berkowitz and Hanna LLC can do to help you.
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