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The joy of becoming a parent may turn to sorrow if a new baby is injured at birth due to a careless or inexperienced medical team involved in the delivery. If your family recently welcomed a new child who was harmed in the delivery process due to a medical error, a Marlborough birth injury lawyer may be able to get you the compensation you need for the baby’s special care.

What is Medical Negligence in a Birth Injury?

Medical negligence leading to a birth injury occurs when doctors or other members of the delivery team fail to live up to the standard of care expected in the medical community when attending to a pregnant patient. Some common birth injuries caused by medical negligence are the improper use of forceps or vacuums, delay in performing a Caesarian Section, and Hypoxia.

If the baby is injured during pregnancy or delivery, the parents may be able to file a birth injury lawsuit by contacting a Marlborough attorney. An attorney could examine medical records such as diagnostic tests, electronic fetal monitoring information, birthing tools, and delivery room flow sheets. Expert witnesses may also be consulted to determine if the medical team could have been negligent.

Improper Use of Forceps

Sometimes the mother has difficulty during labor because the baby is in a breech position or the labor is prolonged. Forceps or a vacuum may be used to reduce oxygen deprivation and delivery the baby. If misused, forceps and vacuums can cause nerve damage and other injuries to the baby’s head, face, and chest.

Delay in C-Section

Fetal distress is a signal for the medical team to order an emergency C-Section, often caused by the baby’s slowed heartbeat, uterine ruptures, or the placenta’s detachment. Failure to order a C-Section can cause injury to the mother and child.


If a baby’s brain is not receiving enough oxygen, which can be caused by a damaged placenta, infection, or a twisted umbilical cord, then cognitive and physical disabilities can occur. A medical team that does not recognize and treat hypoxia immediately could be liable for the baby’s condition.

Types of Birth Injuries

A tiny newborn may be vulnerable to improper forceps and vacuum use, and some of the following may occur:

  • Brain or head damage
  • Bone fractures in the neck or upper body
  • Facial paralysis
  • Neck damage
  • Cerebral palsy, brachial plexus injury, Erb’s palsy, or Klumpke’s palsy

A Marlborough birth injury attorney could review evidence about the type of damage a baby suffers so proper compensation can be determined.

Statute of Limitations

Connecticut gives a plaintiff a certain amount of time to file a lawsuit. For medical negligence claims, the state generally limits the amount of time to file a claim to two years, but if the injury is not discovered right away, a plaintiff may have more time. The maximum allowable statute of limitations in a medical malpractice case is three years from the time of the injury, but certain situations may require one in as little as 90 days. A Marlborough lawyer could help file a client’s birth injury lawsuit on time.

Recoverable Damages in Marlborough

Raising a child who was injured at birth can be an expensive and exhausting task. Chronic conditions may require special care for a lifetime. Parents will need money for medical care, but also for intangible losses such as any impairment to the child’s ability to work in the future, the loss of enjoyment of life, and pain and suffering. State law grants additional punitive damages in rare cases in which the defendant’s acts are intentional or malicious.

A Marlborough Birth Injury Attorney is Here for You

Your children mean everything to you, and you want the best care possible for them. If one of them is injured at birth, you may struggle to pay for that care now and in the future. If a negligent medical professional caused your child’s injury, you should contact a Marlborough birth injury lawyer to help you hold the responsible parties accountable for your child’s future well-being. Call today for your free consultation.


Connecticut Trial Firm, LLC

Connecticut Trial Firm, LLC