The birth of a new baby is miraculous and inarguably one of the most special times of any parent’s life. But when that special moment is tarnished by an unexpected injury to a tiny, vulnerable baby, Massachusetts parents have a right to take action. Parents naturally expect the healthcare team that’s caring for an expectant mother and delivering a newborn to provide a high standard of care. When an error or negligent act occurs that doesn’t live up to the standard of care parents reasonably expect, and the result is an injury to their child, they have a right to file a claim against the at-fault person or medical entity.
While a settlement doesn’t undo a birth injury, our experienced team of Boston birth injury lawyers can help parents to provide the medical care an injured baby requires for the best possible outcome. But first, parents must prove that negligence by a doctor or member of the medical staff directly led to the birth injury.
What Are Common Birth Injuries?
Birth injuries range from mild injuries that quickly heal with no lasting ill effects to devastating injuries with life-long ramifications. Some common birth injuries include:
- Forceps marks and bruises
- Brachial palsy from difficulties delivering a baby’s shoulders which causes temporary or lasting nerve damage
- Caput Succedaneum, or scalp injury from vacuum deliveries
- Facial paralysis from forceps or an extended period of pressure from the birth canal
- Fractures, especially of the collarbone
- Cephalohematoma, or a raised red bump on the scalp from bleeding between the skullbone and its covering
- Subconjunctival hemorrhage
- Stillbirth
Most birth injuries are preventable. If any of these or other birth injuries occurred during your child’s delivery, you have the right to file a claim for financial compensation.
Proving a Birth Injury in Massachusetts
A Boston birth injury lawyer can help parents gather the evidence required to prove the cause of a baby’s birth injury. Evidence typically includes:
- Medical records documenting the injury
- Expert consultations
- Eyewitness statements
- Medical bills
- Patient prognosis documents
- Eye-witness statements
This documentation can help prove that a medical professional’s negligence led to a child’s birth injury. Large babies, prolonged labor, and forceps deliveries are often common factors making a birth injury more likely if a doctor miscalculates or fails to monitor labor and react appropriately and in a timely manner.
In order to file a successful claim, parents and a Boston birth injury attorney must prove negligence on the part of the doctor or medical staff. This means proving the medical professional did not live up to their duty of care or did not act in a way that a reasonable, diligent professional would have in the same or similar circumstances.
Get Experienced Legal Help From a Medical Malpractice Attorney in Boston
Birth injury malpractice cases can be complex and difficult to navigate successfully. A Boston medical malpractice attorney with experience in proving the cause of birth injury can evaluate your case and help you gain the compensation you deserve for your baby’s injury so you can ensure your child gets the care they need including medical care, surgeries, therapies, and medications. If your baby suffered a preventable injury, you need the financial compensation required to provide every opportunity for recovery or the best possible quality of life. Contact the law firm of Barry D. Lang, M.D. & Associates for a free consultation and compassionate legal help with filing your claim.