Birth-related injuries may occur when a doctor, hospital, or other medical staff acts negligently. Depending on the circumstances, these injuries could have significant, long-term consequences for your child’s health.
While persistent conditions might lead to serious medical issues for a child and expensive medical bills that some families cannot afford, plaintiffs do have legal recourse.
Negligence during labor or the delivery process could serve as grounds for a medical malpractice lawsuit that a Somerville birth injury lawyer could help you file. If your child sustained injuries during childbirth, a compassionate medical malpractice attorney could work on your behalf to pursue compensation from the medical professionals whose negligence resulted in your child’s injuries.
It may be possible that a medical professional acted inappropriately—or failed to act when they should have—during the birth process in a way that amounted to medical malpractice. It should be noted that not every case may be that simple. The outcome alone might not be enough to prove that the doctor, nurse, or other medical professional committed medical malpractice.
When it comes to birth injuries, the Medical Standard of Care hinges on the question of whether a similarly-skilled care provider would perform the same actions in a similar situation. In certain traumatic childbirth cases, a quick response time is necessary on the part of the doctor, especially when the health of the infant or the mother is in danger. A birth injury may be considered a “necessary” risk if the situation calls for drastic measures.
In cases where there are no complications and labor proceeds normally, a medical professional may be deemed negligent if the infant sustains serious physical injury after delivery. If a quick response to a life-threatening situation is necessary and the doctor fails to act, it may be considered negligence and the medical professional may be legally responsible for any resulting injuries.
The testimony of an expert medical witness who has experience in the same medical field as the defendant may be pivotal in a birth injury case. The trial judge has the discretion to exclude expert testimony when it would not assist the jury, as established in Commonwealth v. Tolan, 453 Mass. 634. A birth injury lawyer in Somerville could gather evidence and work to prove negligence caused a child’s birth injury.
A birth injury that results in fetal death may result in a medical malpractice lawsuit if the medical professional failed to use proper skill and care before or during childbirth. Situations that result in fetal death could be filed as a wrongful death case since the Massachusetts Wrongful Death Statute allows recovery for death resulting from negligence, reckless or intentional conduct, and breach of warranty.
Distinguishing the Massachusetts wrongful death statute from the Massachusetts survival statute can help determine what type of recovery the beneficiaries may receive, as well as what is applicable for specific wrongful death lawsuits. Under the Massachusetts survival statute, the focal point is on the decedent’s own personal damages such as pain and suffering between the time of injury and the time of death.
When applicable, legal beneficiaries may also be compensated for the loss of the decedent through what is often referred to as a “loss of consortium” type of compensation. In addition to personal injury cases, a Somerville birth injury attorney may also be able to offer advice on pursuing wrongful death cases against neonatal medical professionals.
The tremendous emotional, physical, and financial burdens families may face following a birth injury could be devastating. An accomplished Somerville birth injury lawyer could evaluate and investigate the facts of your case and fight to pursue fair compensation that could help lessen these burdens. Call today to get started on your case.