Child Birth Injury in Boston, MA

Are you concerned that you may have waited too long to sue for medical malpractice?

General Laws in Massachusetts have a three-year statute of limitations for childbirth injuries. The clock either starts ticking from the date of the incident or discovering the complications. Either way, parents in Boston do not have long to take legal action.

Since the litigation process moves slowly, it is often in your best interest to schedule a consultation quickly. Assess your needs with us today and connect with an attorney that will fight for the compensation your family deserves.

What Causes a Childbirth Injury?

Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Boston, MA.

During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the Boston medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.

To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones are not reached.

In fact, brain injuries due to malpractice have resulted in sizable damages in Boston. In 2019, a jury awarded $30 million to the family of a child who suffered brain injuries at Massachusetts General Hospital.

Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Boston. One of the following examples may apply to your circumstances.

  • Improper Vacuum Usage

Sometimes a mother has difficulties delivering a baby through the birth canal. Boston medical professionals may intervene and use a vacuum to assist. This machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.

  • Improper Use of Forceps

There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb.

In this case, attending medical professionals may use forceps to help move a baby through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.

The medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.

  • Hypoxia

Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.

This condition often occurs due to a damaged or infected placenta. Thankfully, most Boston, Massachusetts medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.

However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.

  • Cesarean Section Delay

An emergency C-section may be necessary due to the infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.

In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.

In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.

  • Cerebral Dysgenesis

Cerebral dysgenesis refers to the interruption of fetal brain development. As a result of this condition, brain signals may not transmit properly. Parents in Boston may recognize these types of symptoms in their infant:

  • Seizures
  • Infections
  • Unusual eye movements
  • Delays in developmental milestones

Cerebral dysgenesis is one of the known causes of cerebral palsy in children. Moreover, there can be links between malpractice during childbirth and its development in infants.

  • Cephalohematoma

Cephalohematoma can be jarring to witness in a newborn. It can create a dangerous-looking mass when blood pools between the scalp and the skull. Thankfully, many cases of it can clear up with minimal medical attention.

However, more pronounced issues can follow if medical personnel in Boston do not take it seriously. Since it is a relatively normal part of birth trauma, it may not receive the attention needed. This neglect can cause brain damage or other serious consequences.

  • Brachial Plexus Birth Injury

Brachial plexus birth injuries continue to plague live births in the U.S. despite medical advancements. Even more galling is that roughly half of infants do not have prior risk factors.

The American Academy of Orthopaedic Surgeons estimates that 1 or 2 in every 1,000 live births result in this injury. Over twisting, or the excessive exertion of force by obstetricians in Boston, can lead to these subsequent consequences:

  • Nerve damage pain
  • Permanent disability
  • Numbness
  • Stiff joints

What Are Some Other Possible Causes of Childbirth Injury in Boston?

Other types of medical neglect that could result in injuries to the child or the birth mother include:

  • Failing to perform sufficient prenatal testing
  • Not using labor-inducing drugs timely
  • Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
  • Not addressing changes in the baby’s condition

Why Should You Take Action for Your Child Birth Injury?

It is essential that any parent whose child has been diagnosed with a birth injury in Boston, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.

According to the Massachusetts State Health Assessment, disparities remain before, during, and after childbirth. Problems are especially prevalent among minorities in Boston. If you believe you have become a victim of the system, you deserve representation.

Work With an Experienced Local Child Birth Injury Lawyer in Boston, Massachusetts 

If you suspect child birth injury medical malpractice in Boston, you should take action. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Massachusetts state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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