Massachusetts Personal Injury Library
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,
- vaccuum extraction,
- 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 birth injury lawyer Thomas Kiley specializes in these kinds of lawsuits and can help parents who are dealing with serious medical issues caused by birth injuries.
Types of 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.
Permanent Nerve Damage
One example of this damage is facial paralysis that can be caused by pressure on the facial nerves during birth or by the use of forceps during birth. If the nerve is torn, corrective surgery may be required.
Another example of a birth injury is called brachial plexus injury (also known as Erb's Palsy) — a paralysis or weakness of the arm caused by stretching of the nerves around the shoulder during birth. This damage can be caused by excessive pulling on the arm during a breech delivery.
Although many babies recover within six months, some babies may require surgery to correct the nerve damage.
Cerebral Palsy
Cerebral palsy is a chronic disorder caused by trauma to the brain during or near the time of birth and its symptoms include the loss of movement or other nerve functions.
The condition is not progressive; it does not worsen or improve with time. Its severity is determined by the type of damage done to the brain.
The damage may be caused by medical mistakes such as the improper use of forceps or leaving the baby in the birth canal for too long which deprives the baby of enough oxygen.
When to Contact a Birth Injury Lawyer?
Parents of Massachusetts children who have suffered a birth injury should look for a Boston personal injury attorney who specializes in birth injuries, such as Tom Kiley.
They should do this as soon after the injury as possible because every state has a statute of limitations that limits the time to file a personal injury lawsuit.
When you are interviewing personal injury attorneys ask critical questions, like:
- How long have you been practicing in Massachusetts?
- What is the largest compensation you have won for your clients?
- Do you have experience with birth injury cases?
Kiley Law Group located in Boston and Andover, Massachusetts takes time when speaking with you about your case and works with you on a contingent basis so there are NO FEES unless our trained attorneys win your case.
Call now for a FREE evaluation of your case: 888-208-1695.
Free Consultations!
