Legal Question in Medical Malpractice in Connecticut

Discovered Mid-forceps delivery was unnecessary

I had a horrible experience giving birth to my daughter. The doctor was nasty, rude, insulting and only wanted to go home and get some sleep. He made that very clear, verbalizing it several times. During delivery and after only pushing for a short time (ten minutes) he told me that he needed to use forceps because the baby had turned and he was going to just "turn" her in the right position. The baby was in no way in distress of any kind. He then proceeded to yank my daughter out of me rather forcefully and quickly. I read in my chart at my next visit that he had done a mid-forceps delivery. It's been many years since, and my daughter has had learning disabilities and almost lost sight in her right eye (she had a forceps mark by her eye right after delivery). He also never attempted to get her to cry after delivery. Can the problems my daughter has been experiencing her whole life been caused by this unnecessary type of delivery done clearly for the doctor's convenience? What are the statute of limitations in Connecticut to bring action against this doctor, if a case can even be established? Thank you.


Asked on 10/29/00, 11:55 am

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Re: Discovered Mid-forceps delivery was unnecessary

My preliminary research on the internet reveals that the State of Connetticutt may not have a minor's tolling statute. That means that a claim must be brought within three years of the time the injury was sustained or discovered. This is a sufficiently important matter for you to confirm whether you have a present right to file a claim by consulting local malpractice attorneys. There may be some exception of which I am unaware which would permit the late prosecution of such a case. There is certainly some reason to investigate a potential claim if the claim is not barred by the statute of limitations. You should inquire as well of the treating physicians as to whether your child's injuries are consistent with forceps trauma. If your child was unresponsive for several days after delivery and or sufferred seizures and or fed poorly brain injury at the time of birth would be a more likely explanation than if she seemed normal initially.

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Answered on 11/17/00, 11:43 am


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