Birth Injuries in Connecticut
Average Settlement: $1,000,000 - $5,000,000 | Statute: 2 years from the date the injury is discovered or should have been discovered
About Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Connecticut Medical Malpractice Laws
Statute of Limitations
2 years from the date the injury is discovered or should have been discovered
Damage Cap
No cap on damages
Discovery Rule
Connecticut applies a broad discovery rule — the statute runs from when the patient discovers or reasonably should discover the injury, subject to a 3-year statute of repose from the negligent act.
Pre-Filing Requirements
Plaintiffs must file a good faith certificate and a written opinion from a similar health care provider that there is evidence of malpractice.
Common Examples of Birth Injuries
- •Failure to monitor fetal heart rate and respond to signs of fetal distress
- •Delayed or improperly performed emergency cesarean section
- •Excessive use of force with vacuum extractors or forceps during delivery
- •Failure to diagnose and treat maternal infections during pregnancy
- •Improper administration of labor-inducing drugs such as Pitocin
- •Failure to identify and manage umbilical cord complications
- •Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- ✓Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- ✓Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- ✓Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- ✓Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- ✓Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- ✓Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
- ✓Connecticut requires a good faith certificate and a written opinion letter from a qualified expert prior to filing.
- ✓The state follows a modified comparative negligence system with a 51% bar.
- ✓There is no cap on economic, non-economic, or punitive damages in medical malpractice cases.
- ✓Expert witnesses must be board certified or experienced in the same specialty as the defendant physician.
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Other Malpractice Types in Connecticut
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Connecticut.