Massachusetts Personal Injury Lawyer Blog

What is the legal recourse in case of birth injury?

A birth injury occurs when there is a trauma to the baby by the process of being born.  The trauma usually is due to the pressure of the baby passing through the birth canal and  can be caused by prolonged labor, a “breech” or legs first birth, premature birth, the use of forceps during birth, or the mother's small sized pelvis.  Some of these traumas are caused by incorrect medical procedures and if serious injury is the result, the parents may need to pursue a lawsuit to recover compensation for the large medical bills or maintenance of an injured baby.  Massachusetts attorney Thomas M. Kiley, specializes in these kinds of lawsuits and can help parents who are dealing with serious medical issues caused by birth injuries.

    Some birth injuries are not serious and heal within a few weeks.  Sometimes bruising or swelling that occurs during the birth can cause temporary loss of nerve or muscular function.  If the nerves become torn, the resulting damage may be permanent.

Birth injury legal FAQ

• What questions should parents discuss when seeking legal advice?
• What are the financial concerns for the child's treatment needs, now and and in the future?
• Why do the parents suspect negligence on the part of the doctor?
• How could the child's injury have been prevented?
• Did the labor and delivery records accurately reflect the delivery complications and injury to the baby?
• Has this physician had other cases filed against him/her?
• How has the child's injury affected the family emotionally and financially?
• How long does a lawsuit last?