The birth of your child should be one of the most exciting days of your life. However, this moment can turn into a nightmare when your baby is wrongfully injured due to a medical error. Massachusetts medical care providers are entrusted with the health and lives of the most vulnerable individuals, including newborns. We expect our Massachusetts doctors, nurses and other health care providers to use their skills, knowledge and available technology to ensure that all potential problems for newborn babies are discovered early and treated. The birthing process should be handled with the utmost care, yet sometimes a medical care provider’s negligence can cause a common medical event to go terribly wrong. Whether a medical professional’s mistake leads to minor Massachusetts birth injuries, including bruising or jaundice, or more serious injuries or wrongful death, physical injury to an innocent life is horrifying and wrong.
Massachusetts medical malpractice involving newborns may lead to numerous types of injuries which may occur before, during or following the birthing process. Common Massachusetts birth injuries include:
Attentive prenatal care is essential to identifying any potential complications that may arise during birth. An overweight or underweight baby can create a risk for a complicated delivery, in addition to posing a threat of health problems for the newborn. A woman’s pelvic size and shape must also be considered, as this could impact whether she is able to successfully vaginally deliver or whether a C-section is a safer option. A failure to determine the need for a cesarean section can lead to dystocia, a lengthy and strenuous labor. When babies are born in “breech,” a position in which the baby’s legs and buttocks are presented first, as opposed to their head, the chance of birth injuries is higher and the delivery is more difficult. A sonogram can determine the size, weight and position of the baby, in addition to the mother’s pelvis shape and size, so that all precautions can be taken and the labor and delivery can go smoothly.
Medical mistakes during the Massachusetts labor and delivery processes may result in many different types of Massachusetts birth injuries that range from minor to severe. The improper use of forceps, vacuum extractors or any other excessive use of force during a Massachusetts delivery can cause bruising and surface and other wounds for the newborn or mother. Massachusetts medical errors may also lead to serious and permanent damage, including cerebral palsy, Brachial plexus palsy, Erb’s palsy or mental retardation. When a doctor neglects to properly and quickly address fetal distress, such as responding promptly to umbilical cord entrapment or intubating a newborn in need of oxygen, these mistakes or carelessness may be considered medical malpractice. In such circumstances, money damages may be recovered for the doctor’s negligence.
Cerebral Palsy
Cerebral Palsy may result when a baby lacks sufficient oxygen during pregnancy or delivery. This permanent neurological disability is tragic, especially considering that it is often preventable if a doctor properly responds to fetal distress. Babies with cerebral palsy may have trouble with movement, hearing, seeing and learning due to impaired brain and nervous system functioning.
Symptoms of Cerebral Palsy include delayed developmental milestones, such as sitting, rolling, crawling or walking. Cerebral Palsy is marked by uncoordinated muscle movements, which generally appear within the first two years after birth and in many cases as soon as three months thereafter. While certain cases of Cerebral Palsy are congenital, negligence by Massachusetts medical care providers during birth most often causes Cerebral Palsy. Frequently, Cerebral Palsy is caused by the umbilical cord wrapping around the baby’s neck, resulting in asphyxiation or other brain injuries. Umbilical cord problems are preventable if the doctor promptly and properly responds to the issue. If your doctor acted negligently and caused your newborn to develop cerebral palsy, you may have a medical malpractice case for substantial money damages.
Erb’s Palsy
Erb’s Palsy generally results from injuries during delivery, and causes nerve injuries in the baby’s shoulder muscles. Erb’s Palsy leads to paralysis of the arm, and may require physical therapy or surgery. The size of the baby may contribute to the risk of Erb’s Palsy, and is something that should be identified and taken into account by doctor’s prior to labor. Erb’s Palsy may also be caused by the excessive use of force during delivery. If your child suffered Erb’s Palsy during birth, a Massachusetts doctor’s mistake or carelessness may be to blame. In that case, our Boston, MA birth injury attorney specialists may be able to recover substantial money damages for you and your newborn.
Obtaining and analyzing medical records from the involved hospitals and doctors can help to determine if medical practice was involved in your child’s birth injuries. It is essential that you promptly contact an experienced Massachusetts birth injury accident lawyer to evaluate your case and help you proceed with obtaining justice for you and your family. When you choose the Massachusetts birth injury attorneys at our Boston, MA law office to represent you, we will immediately begin a thorough investigation of your case, including gathering all of the medical records and other relevant evidence to discover whether any medical malpractice occurred before, during or following your child’s delivery. Our Boston birth injury lawyers will work with medical experts to determine the extent and causes of your child’s birth injuries, and we will fight until you receive the compensation you need to deal with your suffering and medical costs. Call our Boston birth injury law office today at 617-787-3700 or send an email to info@gilhoylaw.com to learn more about how we can help you.
Negligence Following Massachusetts Delivery
Negligent care of a newborn also constitutes Massachusetts medical malpractice. A baby may still sustain injuries or develop problems due to careless or improper care following birth. For example, infants suffering from untreated jaundice may develop Kernicterus, a progressive type of brain damage. In addition, sometimes birth injuries, especially those involving brain or nerve damage, may not be apparent immediately after birth. Cerebral Palsy symptoms may surface at any time within the first two years of a baby’s life.
Tragically, some Massachusetts birth injuries cannot be prevented. However, many Massachusetts birth injuries are avoidable, and result from a doctor, nurse or other medical care giver’s negligence, mistake or other wrongdoing. Individuals responsible for medical malpractice leading to birth injuries should be held liable for the pain and suffering that they cause and our expert Boston, MA medical malpractice lawyers will help you hold those responsible accountable for what they did.
Proving a Massachusetts Birth Injury Medical Malpractice Claim
a standard of care, namely the normally expected care and skill provided by the average doctor in comparable circumstances, was owed by the medical professional to the patient and baby;
a deviation from the standard occurred when the doctor, nurse or other medical care provider failed to meet the established standard of care;
injury was sustained by the baby before, during, or after delivery; and
causation, namely that the injury was caused by the negligence of a medical professional and would not have occurred had the standard of care been provided.
A number of individuals and entities, including Massachusetts physicians, nurses, hospitals or technicians, may share responsibility for your baby’s injuries. Additionally, manufacturers of medical products used during pregnancy, delivery or infant care may be liable if the product causes injuries. Pharmacists and medication manufacturers may also be held responsible in Massachusetts courts for birth injuries resulting from faulty or incorrect medication taken during pregnancy or delivery. The Massachusetts birth injury attorneys at our Boston medical malpractice law office can help you determine who the responsible parties are in your case and hold them accountable for the damages and suffering they have caused you and your family.
Damages for Massachusetts Birth Injuries
There are many types of meritorious claims for damages that may be filed after a birth injury depending on the particular circumstances of the accident. If your child was the victim of a birth injury, you may be entitled to file a Massachusetts medical malpractice claim, Massachusetts wrongful death claim or a Massachusetts product liability claim. Both the parents and the injured child may be legally entitled to obtain compensation for a preventable injury caused by a negligent Massachusetts doctor. The type and amount of compensable damages varies on a case by case basis, but frequently include money for medical bills, physical and mental pain and suffering experienced by the baby and parents, loss of companionship, attorney’s fees and court costs.
The Massachusetts birth injury accident attorneys at the Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates have the expertise and resources necessary to successfully handle all types of Massachusetts birth injury cases. We work closely with a team of medical experts to evaluate your case and determine whether medical malpractice was a factor in your child’s birth injury. Contact our expert Boston, MA birth injury lawyers today via phone at 617-787-3700 or by email at info@gilhoylaw.com. We will schedule a case review at no charge where we will answer all of your questions and explain your rights and legal options. If you have a valid birth injury negligence claim, we will aggressively pursue your case to ensure that justice is achieved.
If you suspect that a Massachusetts doctor or other Massachusetts health care provider’s mistake or carelessness is to blame for your child’s birth injury or wrongful death, you may have a valid Massachusetts medical malpractice claim or Massachusetts wrongful death claim. Although no amount of money can get rid of the pain you have experienced and continue to suffer, a successful Massachusetts medical malpractice case can provide help to secure your family’s finances both now and in the future. Birth injuries often lead to mounting medical bills for therapy, surgery and medication which can create a significant financial burden. Our expert Boston, MA birth injury lawyers can help you get the compensation you need to pay for any current and future medical expenses. We work hard to ensure that you receive the money necessary to give your child the best care available for his or her birth injuries. Let us put our skill and knowledge to work for you today!
Second, our Boston birth injury lawyer specialists always provide our clients with exceptional client service. This is as important to us as the outcome of your birth injury case. Our Boston, MA birth injury law office keeps every client fully informed of the progress of his or her birth injury accident case. As part of this commitment and goal, all of our birth injury accident clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our Massachusetts injury clients. Our level of client service and dedication truly distinguishes us from other Massachusetts birth injury law firms. The Boston birth injury accident attorneys at our birth injury accident law office never act on behalf of a client without first talking about the matter at hand with our client and jointly coming to a decision beforehand. Our Boston birth injury law firm endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique birth injury accident case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a law office you can trust and rely on.
