Few things are more exciting than bringing a new baby into the world. That time is supposed to be filled with anticipation and preparation. Although most people are nervous when the big day arrives regardless of whether it is their first child or a subsequent child, we put faith in our medical providers that they will keep us safe and deliver our child successfully. In some cases, unavoidable situations happen that result in injuries to the mother, baby, or both. But sometimes medical providers fail to use the attention and care that a patient deserves during this serious situation, causing avoidable harm and potentially permanent injuries either through an oversight, misdiagnosis, or other mistakes. At the Law Offices of Barry Feinstein, we have seen just how devastating this situation is for a family. A seasoned Massachusetts birth injury attorney at The Law Offices of Barry Feinstein and Affiliates P.C. is standing by to help you determine whether you may be entitled to compensation.Medical Malpractice in Massachusetts
The term birth injury refers to any injury that takes place during or after the delivery of a baby. There are a number of injuries that commonly occur during birth and that can be addressed relatively quickly. Examples include jaundice and bruising, which can be treated with observation and appropriate medications. There are some more serious injuries that could result in developmental delays and other life-altering outcomes for the baby. In some unfortunate situations, the injuries may even cause the baby to die.
In a medical malpractice action, the plaintiff is alleging that the medical professionals involved in the situation did not render appropriate medical care. Virtually any medical professional is subject to medical malpractice regulation, including doctors such as surgeons or OB-GYNs, as well as radiologists, nurses, pharmacists, and urgent care providers. In general, you must show that these professionals failed to render the same level of timely care and treatment that a doctor with a similar specialty or background would have rendered when faced with a similar situation. This standard takes into account any unique factors such as the patient’s prior medical history and current medical status. In most cases, it is necessary to retain a medical expert witness who can testify about the defendant’s care and how it fell below the required standard.Seeking Compensation
One of the most complicated aspects of any birth injury case is proving that the defendant’s negligent care was the direct and foreseeable cause of the injuries that the baby suffered. If you cannot show a causal link between the lack of due care and the injuries, then you may be barred from receiving compensation. There are a number of ways that birth injuries can result from negligence. Some common examples that occur during labor and delivery are excessive or improper use of force, the misuse of forceps and other delivery aides, failure of a midwife to seek assistance from a medical professional, failure to perform a cesarean section when needed, failure to intubate a baby requiring oxygen, and failing to notice that the baby was not in the proper delivery position. Some of the defects that these incidences of negligence can cause are Erb’s palsy, brachial plexus palsy, cerebral palsy, cognitive and developmental defects, bruising, and other physical injuries.
Once you have proven that there is a connection between the lack of appropriate care and the injuries suffered, the matter turns to determining the amount of compensation that you are entitled to receive. Massachusetts allows the defendant to seek compensation for the baby to cover reasonable past and future anticipated medical expenses, lost wages and lost earning capacity, impairment or loss of a bodily function, scarring and disfigurement, and loss of chance of survival. A diligent birth injury lawyer can help you and your family ensure that you seek the full amount of damages that you are entitled to receive.Schedule a Free Consultation with a Birth Injury Lawyer in Massachusetts
We know that no amount of money could truly make this situation right for you and your family, but it can help you offset the crushing financial burden that often comes with infant-related injuries. A skilled attorney on our team will guide you through each step of the legal process, gathering evidence and negotiating with insurance companies to pursue the outcome that you deserve. We are available to represent clients in areas around Boston, Cambridge, Lowell, Newton, Quincy, Dedham, Somerville, Norwood, Waltham, Brookline, and Peabody. Call us now at 1-800-262-9200 or contact us online to get started.