Even when everything goes right, giving birth is extremely emotionally and physically challenging. While having a child can be incredibly beautiful and rewarding, there is always the possibility that something could go wrong. If the mother or baby suffers a birth-related injury, the negligence of a medical professional may have played a part.
If a doctor or nurse acted negligently and caused you or your child to suffer a birth injury in Massachusetts, you may have grounds to file a medical malpractice claim for compensation. At Sweeney Merrigan Personal Injury Lawyers, our dedicated team of Massachusetts birth injury lawyers is committed to thoroughly investigating every case so that our clients can collect the maximum amount of compensation available for their claims. To schedule a free consultation to discuss your case with a trusted birth injury attorney, give us a call at (774) 341-5778 or complete our online contact form today.
Common Causes of Birth Injuries in Massachusetts
When a medical professional acts negligently during labor or delivery, both the mother and child could suffer irreversible injuries. However, it is essential to note that birth injuries are different from congenital disabilities. While a congenital disability is a condition present before the baby is born, a birth injury can happen either during labor or during delivery.
Although many doctors provide mothers and babies with the highest level of medical care, many others may fail to follow proper procedures. Some common causes of birth injuries in Massachusetts include:
- Improper use of medical equipment such as forceps and vacuum extractors during delivery
- Medication errors
- Failure to diagnose the mother’s medical conditions
- Failure to recognize and respond to symptoms of fetal distress
- Failure to develop a plan for complicated or high-risk pregnancies
- Failure to perform a C-section when appropriate and necessary
If your doctor’s negligence caused you or your child’s birth injury, you do not need to suffer alone. The compassionate Massachusetts birth injury lawyers at Sweeney Merrigan Personal Injury Lawyers understand how challenging dealing with the aftermath of a birth injury can be. Our team is dedicated to making the claims process as stress-free as possible so you can hold the liable parties responsible while focusing solely on your child’s and your own recovery.
Birth Injuries Involving Newborns in Massachusetts
While some birth injuries can be mild, others can last a lifetime. Unfortunately, any type of birth injury could cause lasting trauma for the mother and her child. If a doctor deviates from the upheld standard of care, the newborn may suffer severe birth injuries. Some common birth injuries in Massachusetts include:
- Brachial plexus injuries
- Brain injuries
- Cerebral palsy
- Bone fractures
- Erb’s palsy
- Internal hemorrhaging
- Hypoxia
- Spinal cord injuries
- Cephalohematoma
- Oxygen deprivation
This is by no means an exhaustive list, and it is possible that your newborn may have suffered another injury due to your doctor’s negligence. While many birth injuries harm the newborn, some may significantly harm the mother. After suffering from medical malpractice during labor, the mother may experience vaginal tearing, a ruptured uterus, or PTSD, among other severe conditions.
How to Determine When a Birth Injury Is Medical Malpractice
While birth injuries can occur due to genetics or health complications, they are often the result of medical malpractice. To successfully prove that your child suffered a birth injury due to your doctor’s negligence, your Massachusetts birth injury attorney must establish the following essential elements:
- A doctor-patient relationship existed
- The doctor did not adhere to a high standard of care during your labor and delivery
- The doctor’s negligence directly caused your child’s injuries
- Your child’s injuries resulted in economic and non-economic damages
All medical professionals in Massachusetts are required to meet a professional standard of care as they treat their patients. In other words, the doctor must respond as other doctors would in a similar situation. If your doctor deviated from the standard of care during your labor and delivery and your child was injured as a result, they may be held liable through a medical malpractice claim. At Sweeney Merrigan Personal Injury Lawyers, our attorneys will thoroughly investigate your case to determine your legal options moving forward.
Evidence Your Massachusetts Birth Injury Attorney May Use to Establish Negligence
In order to establish liability for your case, your attorney will analyze every detail and collect evidence to support your claim. We also partner with medical experts who can review your medical records and determine how your healthcare provider deviated from the standard of care. A few pieces of evidence your attorney may use to build your claim include the following:
- Medical records for your pregnancy, labor, and delivery
- Medical records for your child’s injury and follow-up appointments
- Any complaints filed against the defendant
- Eyewitness and expert testimonies
- Photos (when applicable)
Your birth injury attorney in Massachusdetts will work with you to fully understand your case and your child’s injuries to establish liability and build a strong claim on your behalf.
Who Can Be Held Liable for Birth Injuries?
Birth injuries can be complex, and one or more parties may bear responsibility for your child’s injuries. Depending on the unique circumstances surrounding your case, the following parties may be held liable through a medical malpractice claim:
- The attending physician
- The hospital or facility
- Physician’s assistants
- Nurses
- Other medical staff members
While many individuals assume that the doctor or medical professional may be the only liable party in a birth injury case, the hospital or healthcare facility may also be at fault. If the hospital has negligent training practices or fails to maintain proper records, it may be held liable through a medical malpractice claim. At Sweeney Merrigan Personal Injury Lawyers, our skilled birth injury attorneys are committed to holding every liable party fully accountable for your child’s injuries and other losses.
Damages You May Be Eligible to Recover if Your Child’s Birth Injuries Were the Result of Medical Malpractice
Birth injuries can be emotionally, physically, and financially debilitating for mothers and their families. If you and your child were the victims of a birth injury caused by a medical professional’s negligence, you should not be forced to foot the bill for your recovery. The dedicated Massachusetts birth injury attorneys at Sweeney Merrigan Personal Injury Lawyers will fight tirelessly for your rights so that you can recover the maximum amount of compensation possible for the losses you and your child endured. Some damages you may be eligible to recover through a medical malpractice claim include:
- Past, current, and future medical expenses
- Diminished quality of life
- Physical therapy
- Long-term care
- Medications and medical devices
- In-home care
- Lost wages and earning potential
- Pain and suffering
- Acute emotional distress
- Special education
Your case’s unique circumstances will determine the specific damages you may be eligible for. Your Massachusetts birth injury lawyer at Sweeney Merrigan will thoroughly investigate your case to establish the doctor’s liability and the total value of the damages you and your family are owed.
PARTNER WITH A TRUSTED MASSACHUSETTS BIRTH INJURY ATTORNEY AT SWEENEY MERRIGAN PERSONAL INJURY LAWYERS
Our medical malpractice team includes experienced attorneys and is assisted by medical document reviewer Amy Nichols. Members of our medical malpractice team have been recognized by outlets such as Super Lawyers for their continued excellence and devote their practices 100% to litigation. To get started and schedule a free consultation, give us a call at (774) 341-5778 or reach out online through our contact form today.
