Birth Injury Lawyer in Boston

Negligence is defined as acting without the reasonable amount of care someone else in the same position would have had. Proving that negligence occurred is the key to a birth injury lawsuit; not every injury or medical mistake made is necessarily grounds for a lawsuit. The birthing process is complex, and both mother and newborn are vulnerable during the delivery.

If a medical error occurred during the delivery and you can prove negligence occurred, your family may be able to file a lawsuit against that obstetrician. Negligence can lead to conditions such as cerebral palsy, Erb’s palsy, spina bifida, brain damage, and more. Other negligent acts that we handle lawsuits for include:

• Failing to perform the C-section in a timely manner
• Cutting an umbilical cord before the child can breathe on their own
• Failure to monitor the infant’s heart rate
• Not detecting an issue with the umbilical cord, such as a knot or a prolapse
• Pulling too hard on the child during delivery

The steps involved in filing a lawsuit for birth injuries can be complicated and time-consuming, and involve expert knowledge of state laws on the manner. Our Boston attorneys are here to take the most complex parts of the lawsuits out of your hands so you can focus on your family. The first thing we will do to help you is collect evidence and reports regarding the birth to figure out what legal action you can take and how much compensation you can receive.

Massachusetts law states that doctors must report a birth injury or defect within 30 days of the diagnosis if it can lead to a disability. These reports can help us get a sense of what happened. Other medical records will also be extracted if need be, and in some cases, we will work with relevant medical experts. These professionals can help us see how certain actions could lead to an injury.

If these pieces of evidence lead us to believe that the injury was caused by negligence on behalf of the hospital or the medical professional, we may file a legal document, also known as a complaint, detailing your case to the court and the damages you will be seeking. This is the start of your lawsuit.

A lot of cases end before trial, especially if you have such overwhelming evidence. Sometimes this isn’t the case, however, and in these instances, we are ready to present your case to a judge and jury if that’s what it takes to recover compensation.

Each birth injury case is different. It is impossible to calculate the exact compensation you could be entitled to without the details of your case. However, the damages received in birth injury cases tend to fall into a number of categories. Settlement offers or jury verdicts, if they are in your favor, will assess the severity of the injury and the degree of negligence to determine how much you are awarded. Damages that you may be awarded in a birth injury lawsuit can include:

• Medical expenses: You may get compensation for particularly costly expenses that arise from the injury. This can include surgeries, medications, and any necessary doctor’s appointments.

• Physical and/or occupational therapy: The rehabilitation that may be required of both the child and the mother is no doubt extremely expensive and as such could be one of the damages that you are awarded compensation for.

• Pain and suffering: The severity of the physical pain suffered by either the baby or mother can be compensated for. In addition, the emotional suffering and trauma endured by the mother of the child could add further compensation.

• Special education expenses: If a severe brain injury occurs during delivery, your child may require additional special education when or before schooling begins. If negligence is proved, your family may be able to win compensation for these expenses.

Birth injuries are something no family should have to go through. We have a track record of success, getting clients damages for what they have endured and helping them gain peace of mind for their future. Our clients pay a reasonable fee, and only if we win their case. If your baby was born with an injury and you feel that someone was at fault, contact our office in Boston to learn how we could help — fill out case review form today.