The birth of a newborn baby is one of life’s most precious moments. If you or your baby was harmed as the result of medical malpractice or a missed diagnosis during pregnancy, Altman & Altman’s team of Boston-based birth injury lawyers are equipped to handle your case in an efficient and effective fashion.
The statute of limitations for bringing forward a birth injury claim may be longer than other Massachusetts statutes, which are normally three years from the time of the incident. Injuries occurring in children under the age of six may carry a statute of limitations of up to six years. So even if your birth injury happened a long time ago, it may still not be too late to file a claim for compensation with the help of a birth injury attorney.Common Birth Injuries
Unfortunately, not all births occur without complications. There are many issues that can happen to both the mother and babies, many of which could not be foreseen or prevented. However, other medical issues are preventable with proper medical care, and some injuries and lifelong defects are entirely avoidable with the help of an attentive team of doctors.
In the worst cases, where a baby or mother is harmed or passes away due to conditions that could have been reasonably prevented by a doctor, you may be entitled to seek for financial compensation on the grounds that the medical staff was negligent in caring for the mother or baby during the birthing process, or that they engaged in malpractice and you suffered as a result.
The most common birth injuries include:
- Cerebral palsy or similar oxygen deprivation conditions resulting in brain damage
- Physical ailments like broken bones from rough delivery
- Erb’s palsy resulting in partial or full, permanent paralysis of one or both arms
- Injuries to the baby or mother from incorrect use of birthing tools
The most common form of debilitating injury that can happen to a baby due to oxygen deprivation is cerebral palsy, which affects about 200,000 infants annually. Cerebral palsy is a lifelong affliction which will limit the child’s mobility, motor functions and other functions such as speech throughout their life. Cerebral palsy can be triggered by maternal infections that affect the fetus prior to birth, it can result due to oxygen deprivation during birth, or as a result of a stroke or infection in a young infant.
In some cases, cerebral palsy can be prevented by medical personnel, such as in a maternal infection that is caught early enough and treated before it can spread to the growing fetus. In other cases, doctors may misdiagnose a dangerous birth scenario which results in oxygen deprivation, or the doctor should have recognized the need for a C-section before a natural birth was attempted.
Other birth injuries may be purely physical, caused by rough mishandling of the infant by a doctor during birth. Such injuries can cause severe, permanent damage to a baby’s muscular and skeletal systems, resulting in conditions such as Erb’s palsy, where the child’s arms become permanently weakened or even paralyzed as a result.
Other physical injuries could result from the use of various birthing tools, such as forceps or vacuums. Other cases might involve the use of incorrect medicine, which may trigger allergic reactions in the mother or infant. In such cases, the argument for malpractice are significantly clearer.
Other forms of injuries may result from treatable infections, such as strep and meningitis infections. Should a mother suffer from symptoms of these infections, it is the doctor’s responsibility to diagnose and treat these afflictions before the growing baby is put at risk.Consult With one of Our Experienced Attorneys
Any injury that occurs to an infant or growing fetus can be especially damaging, both to the child and the mother. A unique level of care is required to be a maternity doctor, as they are dealing with such fragile and helpless lives. A pregnant mother must put an infinite amount of trust into her medical team, certain that they will do everything to ensure the healthy birth of her baby.
When a doctor or member of a birthing team violates this trust, whether through gross negligence or malpractice, they must be held accountable. No mother should have to endure the pain of having their baby disabled or permanently harmed through no fault of their own.
At Altman & Altman LLP, our birth injury attorneys have over 40 years of experience advocating for victims of birth injuries. We will take the time to sit down and go over the details of your specific case, ensuring that we give you the best chance at obtaining a substantial settlement, and we will advocate for you in court if necessary.
If you are a resident of Boston or another location in Massachusetts and are in need of a reliable birth injury attorney, we offer consultations completely free of charge, and we do not collect payment unless you are successful in a claim. Call one of our experienced birth injury lawyers today at 617.492.3000 or toll-free at 800.481.6199. We are available to all Massachusetts residents 24/7.