Boston Birth Injury Attorney

When you’re expecting a baby, you put complete faith in the doctors and other medical professionals who are responsible for taking care of you and your child. Unfortunately, birth injuries caused by negligent prenatal or delivery care impact far too many families throughout Massachusetts each year.

The Boston birth injury attorneys at Kiley Law Group understand that birth injuries can change your entire family’s life, and our lawyers have successfully fought for injury victims for more than 40 years, recovering hundreds of millions of dollars on behalf of our clients. The recovery process from a birth injury can take years, and full recovery is not always possible; the costs associated with long-term care and rehabilitation can be crippling unless those responsible are held fully accountable for their negligence. If your child suffered a birth injury in Massachusetts, please call 888-979-9323 for your free consultation with a knowledgeable attorney.

For additional information on birth injury legal claims and types of birth injuries, please click the links that follow.

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Birth Injuries Overview

Birth Injuries Related to Inadequate Prenatal Testing and Care

Birth Injuries Related to Negligent Labor and Delivery Care

Contacting an Attorney about a Birth Injury

If your newborn suffered a birth injury or death that may have been due to the negligence of a caregiver, it’s not only important to contact an attorney, it’s critical to work with a law firm that has a track record of success in birth injury cases. The Kiley Law Group has extensive experience in birth injury claims, and we understand the physical, emotional and financial impacts a birth injury can have on a child and his or family in the short-term and over the course of a lifetime.

If you’re confronted with the terrifying reality of a birth injury, you don’t have to face the burden alone. After you’ve ensured the safety of your ones, call our Boston office at 888-979-9323 or contact us online. We can walk you through what documentation to save and what steps to take next, and we can arrange to meet you in person, even at the hospital. Our attorneys are here to help you move past this difficult time and recover the peace of mind you need to begin a new chapter in your life. Back To Overview

Obstetrical Malpractice

During pregnancy, your obstetrician becomes one of the most important and trusted people in your life. When your obstetrician, or another pregnancy or childbirth caregiver, is negligent, it can leave your child facing long-term impairment, and leave you feeling betrayed and suddenly confronted with life-changing costs. Birth injuries, and resulting malpractice cases, often stem from negligent acts that include, but are not limited to:

  • Improper monitoring of the mother and baby
  • Misdiagnosis, delayed diagnosis or failure to diagnose
  • Failure to render proper and timely treatment

When an obstetrician or other healthcare provider breaches his or her duty to you, and that negligence results in harm to you or your child, the attorneys at the Kiley Law Group are here to guide you through this challenging time. We have a thorough understanding of the costly, far-reaching effects of birth injuries, and an extensive background in obstetrical malpractice cases. Back To Overview

Financial Responsibility in Birth Injury Cases

Birth injuries vary widely in their causes, and birth injury legal claims can likewise differ in financial responsibility. Birth injuries may be the result of doctor error, negligent prenatal testing, failure to diagnose a medical problem during delivery, or harmful medication, among other factors.

Depending on the circumstances of the injury, a medical facility such as a hospital may be liable, as may individual healthcare providers such as doctors, nurses or anesthesiologists. In some cases, as with birth defects linked to SSRI drugs, pharmaceutical companies may be responsible for damages. The Kiley Law Group has more than 40 years of success in injury cases, and our attorneys know how to thoroughly build a case to pursue the financial security you and your family need to move forward with your lives. Back To Overview

Compensation in Birth Injury Cases

The ramifications of a birth injury are far-reaching, and they often extend beyond immediate treatment. In many cases, birth injuries result in the need for lifetime care. Compensation in birth injury cases may include, but is not limited to, money for:

  • Medical care
  • Physical therapy
  • Home accommodations
  • Counseling and special education
  • Loss of earning potential
  • Pain and suffering
  • Funeral expenses and loss of companionship in the event that the birth injury causes wrongful death

No amount of compensation can repair the damage caused by a birth injury. But just restitution can make the recovery process less traumatic, and provide peace of mind for the future. The attorneys at the Kiley Law Group are proud to protect the rights of birth injury victims, and our lawyers have the trial experience necessary to take your case to court when settlement offers are inadequate for your needs. Back To Overview

Inadequate Prenatal Testing and Care

During pregnancy, you want to know everything you can about your baby’s condition and your own health, as well as what to expect when the time comes for childbirth. One way to accomplish this is through thorough prenatal testing.

However, if prenatal care providers fail to conduct tests properly or choose to ignore warning signs of potential problems, both you and your child could be at risk. Negligent prenatal care can contribute to costly, life-altering harm. The Kiley Law Group is dedicated to helping birth injury victims recover the financial security they need to cope with this devastating injuries and move ahead with their lives. Back To Overview

Pre-Eclampsia and Eclampsia

Pre-eclampsia is a complication that can occur during pregnancy and is characterized by high blood pressure and damage to the kidneys or another organ. Pre-eclampsia typically occurs after 20 weeks of pregnancy, and it can develop in women who previously had normal blood pressure.

Without treatment, pre-eclampsia can lead to eclampsia, which is marked by the onset of seizures and can be fatal to mother and child alike. It is the responsibility of your doctor to monitor for pre-eclampsia and other prenatal conditions that can cause injury to you or your child. In one recent case, the Kiley Law Group recovered more than $2 million for a family after medical staff failed to properly manage pre-eclampsia during pregnancy, resulting in death to the mother. Back

Sickle Cell Disease

Sickle cell disease is a type of anemia in which the body lacks sufficient healthy red blood cells to effectively distribute oxygen. Sickle cell disease gets its name from the rigid, sickle-shaped red blood cells it causes; in healthy people, the red blood cells are round and pliable.

Sickle cell disease can lead to episodes of pain, frequent infections, delayed growth and other problems. The condition is inherited, and parents should receive screenings during pregnancy (and prior to, if possible) to determine if their child is at risk. In one recent case, the Kiley Law Group secured $900,000 for a family after their child was diagnosed with sickle cell disease at age 3; the parents were surprised by the diagnosis, and their prenatal physician never performed the necessary blood tests on the parents. Back

SSRI Birth Defects

Selective serotonin reuptake inhibitors (SSRIs) are drugs most commonly used as antidepressants; some widely prescribed brands include Lexapro, Prozac and Zoloft. SSRI drugs can be dangerous to unborn children. According to the National Center for Biotechnology Information (a division of the National Institutes of Health), between 20 and 30 percent of newborns who were exposed to SSRI antidepressants near the end of gestation can develop birth defects that include, but are not limited to:

  • Heart defects, particularly atrial septal defects
  • Craniosynostosis, a birth defect of the skull
  • Anencephaly, a birth defect of the brain and skull
  • Gastroschisis or omphalocele, birth defects of the abdominal wall
  • Neonatal abstinence syndrome (NAS), which can lead to low birth weight, breathing problems and seizures
  • Persistent pulmonary hypertension of the newborn (PPHN), a life-threatening condition in which the infant’s circulatory system does not function as it should

If your child was born with a birth defect as a result of a prescription SSRI, you may be able to hold the pharmaceutical company accountable. The attorneys at the Kiley Law Group have extensive experience in birth injury cases, and we can determine whether the negligent practices of a pharmaceutical manufacturer contributed to your child’s birth defect. Back

Birth Injuries Related to Negligent Labor and Delivery Care

When it is time for childbirth, parents traditionally place the health and safety of their newborns in the hands of a professional medical team. While there are inherent risks associated with the delivery process, many birth injuries are preventable and are the result of negligent medical care.

Birth injuries that occur during labor and delivery are often caused by misdiagnosing or failing to diagnose a complication, or failing to render timely and proper treatment when a complication arises. These injuries can result in long-term impairment or even death. If your child suffered a birth injury, it’s important to discuss your case with an attorney as soon as possible to protect your ability to seek compensation. The Kiley Law Group has helped the families of many birth injury victims recover the financial peace of mind they need. Back

Erb’s Palsy and Brachial Plexus Injuries

Children who suffer Erb’s palsy due to a brachial plexus injury during birth may face serious physical limitations for the rest of their lives. Newborns most often suffer brachial plexus injuries when there are complications during birth, such as a breech birth or prolonged labor, that cause the shoulders to become wedged in the birth canal (a condition called shoulder dystocia); this can cause temporary or long-term nerve damage.

Erb’s palsy occurs when shoulder dystocia damages the brachial plexus, a network of nerves that spans from the spine to the shoulder and lower neck. Brachial plexus injuries sustained during childbirth are often the result of negligent medical care. Even children who are able to fully recover from these injuries may require costly surgery. The attorneys at the Kiley Law Group are here to help you hold negligent medical professionals accountable for their actions and recover the financial security you and your child need to cope with the comprehensive effects of Erb’s palsy and other brachial plexus injuries. Back

Facial Paralysis

During labor or delivery, damage to an infant’s facial nerve can result in facial paralysis, in which the newborn loses voluntary muscle control; the extent of muscle-control loss may be minor and localized, or it may affect the entire face. This nerve damage may be caused by improper use of forceps or vacuum extraction, or other instance of negligent care.

While facial paralysis in newborns is often temporary, it can also be permanent, leaving the baby and parents facing long-term physical and emotional challenges. The attorneys at the Kiley Law Group understand the obstacles faced by victims of facial paralysis and other birth injuries, and our lawyers have an extensive record of success recovering the compensation families need for a hopeful future. Back

Fetal Distress

Fetal distress is as frightening as it sounds. It means the baby is in trouble and needs immediate help during labor. Fetal distress typically occurs when the baby is not receiving sufficient oxygen, but it is also associated with overlong pregnancies and labor complications.

When not handled appropriately, fetal distress can lead to further problems, some of them—such as cerebral palsy and brain damage—with lifelong effects. Kiley Law Group has an established record of success in medical malpractice cases related to fetal distress, and we have recovered millions of dollars on behalf of children and their families when failure to diagnose or adequately respond to fetal distress resulted in harm. Back

Forceps Injury

Forceps are occasionally used during delivery to assist the baby through the birth canal by gently gripping the baby’s head and pulling or turning in conjunction with contractions. When forceps are used negligently or without proper training, they can cause severe injuries to the infant, including spinal cord injury, brain damage, intracranial hemorrhage and seizures among other problems.

Even amid birth complications, care providers are required to obtain informed consent prior to using forceps to assist with delivery. This means the mother has been provided with enough information about the risks and benefits of forceps use; if the mother is unable to give consent, another family member or court-appointed guardian may provide consent. If you believe negligent or unauthorized forceps use during childbirth led to injury or wrongful death, the attorneys at the Kiley Law Group are here to investigate your claim and help you through this difficult time. Back


Hypoxia is an oxygen deficiency in the tissues, and it can be the result of pregnancy and childbirth complications including placental abruption, prolonged labor or breech birth. Neurological damage to a fetus or newborn caused by hypoxia can result in lifelong disability. Hypoxia is sometimes the result of medical negligence in failing to diagnose conditions that can lead to hypoxia, or failing to respond appropriately when complications occur.

With more than 40 years of success on behalf of injury victims, the Kiley Law Group understands the devastating financial, physical and emotional impacts of birth injuries like hypoxia. Our attorneys provide compassionate support and aggressive representation for injury victims and their families, and we can help you pursue the financial security you need to cope with your child’s injuries. Back

Klumpke’s Palsy

A brachial plexus injury similar to Erb’s palsy, which affects the upper arm, Klumpke’s palsy (also known as Klumpke paralysis) is a form of paralysis that impacts the muscles of the forearm and hand. The injury sometimes heals on its own, but the paralysis can also be permanent.

Like Erb’s palsy, Klumpke’s palsy can be the result of medical negligence during childbirth; in many malpractice cases involving Klumpke’s palsy, damage to the brachial plexus is caused by improper use of forceps or vacuum extraction. Even when full recovery is possible, the financial costs can be immense. The attorneys at Kiley Law Group understand the extensive costs associated with birth injuries like Klumpke’s palsy, and we know how to recover the compensation you and your child need for immediate treatment and long-term care. Back

Umbilical Cord Injury

The umbilical cord is the lifeline between a mother and her growing infant during pregnancy, and your obstetrician and other medical providers should monitor its position to address any abnormalities that may interfere with a healthy labor and birth. Umbilical cord complications that can contribute to birth injuries or death include:

  • Umbilical cord prolapse (in which the cord drops through the cervix before the baby, causing the cord to become pinched or closed and cutting off oxygen to the infant)
  • Umbilical cord compression (in which the cord becomes twisted or pressed shut, obstructing blood flow and causing a drop in fetal heart rate)
  • Nuchal cord (in which the cord wraps around the baby’s neck)
  • Umbilical cord knots (in which the cord becomes knotted and reduces or cuts off oxygen)

Failure to identify umbilical cord complications can have devastating consequences. If you believe your child suffered a developmental impairment or death due to negligent medical care, the attorneys at the Kiley Law Group can investigate your claim and fight to hold the responsible parties accountable. We are dedicated to recovering the financial peace of mind injury victims and their families need to heal and move forward with their lives. Back

Vacuum Extraction Injury

A vacuum extractor is a medical device with a suction cup-like top that is placed on the baby’s head during delivery to help ease the infant out of the birth canal. Vacuum extraction is relatively rare, but a doctor may recommend the method if the baby is not progressing properly through the birth canal, or there are signs of fetal distress.

When administered with negligence, vacuum extraction can result in severe injuries or death to the child. The financial burdens, physical impacts and emotional costs of such injuries can seem overwhelming without proper representation on your side. The Kiley Law Group has more than 40 years of experience in injury cases, and we are dedicated to helping you and your family recover the compensation you need to cope with medical costs, rehabilitation and long-term care. Back

  • Proven Results
    $3.5 Million
    18 year-old man who suffered a head injury in a motor vehicle accident
  • Proven Results
    $5.6 Million
    68 year-old man who suffered a head injury in a motor vehicle accident

Contact a Boston Birth Injury Attorney

In the aftermath of a birth injury, you and your family should focus on healing and moving forward. At the Kiley Law Group, our birth injury attorneys will focus on recovering the financial peace of mind you need to ensure your child receives proper care. We offer free case consultations, and we do not charge unless we recover on your behalf. If your child suffered a birth injury or wrongful death due to possible medical negligence, please call us today at 888-979-9323. Our lawyers are committed to helping injury victims from Boston and throughout Massachusetts.

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