Roxbury Birth Injury Lawyer

Most parents hope their baby’s birth will be routine, but sometimes a medical provider’s negligence may cause the child to sustain birth injuries. These injuries or trauma may often be temporary conditions which are easily treatable. But in other cases, they may cause severe developmental delays or neurological injuries.

If your child has suffered a birth trauma, consider contacting a Roxbury birth injury lawyer to evaluate your situation and discuss your legal options. If you choose to pursue a claim, a compassionate medical malpractice attorney could help you prove liability on the medical provider’s part and help you pursue the compensation you deserve.

Contributing Factors

Although delivering a baby is a developed and frequent procedure, there may be various factors that may contribute to birth injuries. Some of these factors may include:

  • The size and weight of the baby
  • The position of the baby
  • Dystocia, or prolonged periods of labor
  • Cephalopelvic disproportion, changes to the size and shape of the mother’s pelvis
  • Excessive force through the use of forceps or vacuum extractor
  • Fetal distress
  • Umbilical cord entrapment

Doctors or midwives who are delivering babies must be cognizant of the factors present in a particular birth and must act in a manner that is reasonably designed to account for these factors. When doctors fail to adequately consider or adapt strategies to accommodate these issues, birth injuries may result.

A Roxbury birth injury attorney has the experience to assess these factors and determine whether a doctor’s action – or inaction – was reasonable in a particular case. If the attorney finds these actions were not reasonable, the doctor and other medical staff involved in the delivery may be responsible for the damages resulting from the birth injuries.

Potential Injuries

Birth injuries range in severity and may be temporary or permanent in nature. Some common examples of injuries or medical conditions that birth trauma may cause are:

  • Brachial plexus, Erb’s, and Klumpke’s palsy, which could cause partial or full paralysis of a baby’s arm
  • Cerebral palsy, which may affect body movement and muscle coordination
  • Developmental delays
  • Bruising, abrasions, fractures, and brain injuries from forcible extraction
  • Kernicterus, which is progressive brain damage caused by severe jaundice

While not every birth injury may be wholly preventable, doctors could cause or contribute to these injuries by acting in a negligent manner or making medical errors prior to birth, during delivery, and after delivery. If a plaintiff proves that a doctor’s failure to exercise reasonable care caused the birth injury, the doctor may have to pay the plaintiff compensation for their actions.

Statute of Limitations in Improper Delivery Cases

Most types of lawsuits are subject to statutes of limitations. These statutes are deadlines that individuals must file their personal injury claims before.

MGL c. 260 § 4 sets the deadline to file a personal injury claim as three years from the date of injury. In birth injuries cases, this might mean three years from the date of injury or three years from the date of discovery of the injury. However, a claim must be brought before the child’s ninth birthday and no more than seven years after the incident occurred.

This statute of limitations could be complex and confusing, but a skilled personal injury attorney could assess the circumstances and determine the appropriate statute of limitations for any potential claim.

Reach Out to a Roxbury Birth Injury Attorney

When a birth injury occurs, individuals may want to do everything in their power to help them through the treatment and recovery process. However, they may be facing financial and emotional burdens that are hard to bear. It is important to remember that you may be entitled to compensation if a doctor’s wrongdoing caused birth trauma to your child.

Contact a Roxbury birth injury lawyer today, who could meet with you, review all pertinent medical records, and help you determine if you have a potential claim for damages.