When a child is born with a congenital disability or birth injury, it can be a stressful time for a family. This scenario is especially true when the injury is the result of negligence on the part of hospital staff, a midwife, or any other medical professional. When should you consider hiring a birth injury lawyer?
What is a Birth Injury?
Birth injuries can occur for any number of reasons, but generally, they are the result of negligence on the part of a health care practitioner or provider. When negligence results in birth injuries, they are commonly known as “obstetrical malpractice”.
Obstetrical malpractice refers to any medical malpractice that relates to either childbirth or pregnancy. As obstetrical malpractice may occur at any point from the inception of a pregnancy through the birth of the child, there are many instances where negligence can occur. These negligent instances include:
- The failure to properly conduct or interpret genetic testing resulting in wrongful birth
- Mistakes in testing for injuries to the fetus
- The failure to properly manage gestational diabetes
- Misdiagnosis during the pregnancy
- Negligence during either labor or delivery
- Delay or failure to deal with or alleviate any fetal distress
- Failure to perform a timely C-section
- Failure to deal with shoulder dystocia
- Negligent administration of Pitocin or other medications
- Inability to manage a premature delivery
- Surgical negligence
Damages for Birth Injuries
Regardless of the nature of the medical negligence, or whether the onset of complications happened over time or suddenly, no mother should have to face the severe consequences of obstetrical malpractice. When a person brings a claim of medical negligence against an OB/GYN, they must prove that the doctor strayed from the accepted standard of care owed to the patient. Also, this breach of duty must have directly resulted in the injuries or loss sustained by the patient or mother. To legally pursue a claim in Massachusetts, a physician of the same specialty as that of the defendants must provide an affidavit swearing, under oath, that the care and treatment of the defendant fell well below the accepted standard of care.
How a Birth Injury Lawyer Can Help You Recover Some of What You Lost
As with all malpractice claims, the cases are incredibly hard-fought and expensive to pursue. For these reasons, it is difficult to pursue a medical malpractice case unless the injuries are life-altering. Successful claims can significantly assist a family in recovering much-needed medical costs and life care for their child, as well as monetary damages for the “pain and suffering” the child must endure their entire life due to the medical negligence and misdiagnosis of the defendant.
Consult an Experienced Massachusetts Malpractice Attorney Today
A birth injury has the power to change the life of a family in a split second. At the Shapiro Law Group, we have successfully represented many families who were the unfortunate victims of negligence during pregnancy or in childbirth. We know the leading experts in many diverse medical fields, and we are well versed on both neo-natal medicine and the law, which is key to getting you the results you deserve.
To get the proper compensation for birth injuries or other obstetrical errors, make sure you consult the Shapiro Law Group. In addition to medical bills and costs, you may be entitled to compensation for the pain and suffering you and your child have had to endure. Contact us today at (339) 309-1188 for a free consultation.