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Can I File for Medical Malpractice for Injuries Sustained in Labor?

Types of Injuries Mothers Could Suffer During Labor in Massachusetts

During the labor and delivery process, mothers are naturally susceptible to suffering an injury, but negligent doctors and other medical professionals could cause injuries themselves. Mothers in Massachusetts are vulnerable to suffering the following injuries by negligent medical providers:

  • Anesthesia complications
  • Infection
  • Internal organ damage
  • Medical tools left behind after C-sections
  • Ruptured uterus
  • Uncontrolled bleeding
  • Untreated preeclampsia resulting in seizures

These types of injuries can cause harm that may need costly medical repairs to fix, and you should be able to get the compensation you deserve to combat your doctor’s negligence. 

Types of Injuries Newborns Could Suffer During Labor in Massachusetts

Birthing trauma can result in injuries that may not only affect the mother. Infants can also suffer injuries during the birthing process that could lead to legitimate medical malpractice claims. These injuries include, but are not limited to:

  • Bone fractures
  • Brachial plexus palsy
  • Caput succedaneum
  • Cephalohematoma
  • Death
  • Hypoxic-ischemic encephalopathy
  • Soft tissue and skin injuries

The injuries listed above are not always the result of medical negligence. To determine whether an injury sustained during labor was caused by medical malpractice, a personal injury lawyer will need to review your unique situation, what happened, and whether the medical provider breached the duty of care that you were owed.

What To Know About Medical Malpractice During Labor and Delivery in Massachusetts

Duty of care varies on the medical practitioner’s field of expertise, geographic location, and the practitioner’s skills. Any medical provider is expected to provide a level of treatment that meets the standard of care a reasonably competent physician in the same field of practice and geographical region would provide. A qualified medical expert will assist in establishing the appropriate standard of care.

Once the lawyer and medical expert agree upon the appropriate standard of care, the doctor’s treatment will be measured against that standard. Medical experts will conduct a detailed analysis of what occurred during labor, comparing it to what a similarly trained and experienced physician would do in the same situation. If the medical experts determine that the provider’s care has deviated from the expected standard of practice, the next step will involve determining whether the deviation directly resulted in the injury of the mother or child.

Speak With an Experienced Birth Injury Attorney in Massachusetts 

If you or your baby has suffered a serious birth injury and you believe it could have been prevented, speak with a birth injury lawyer at Sweeney Merrigan Personal Injury Lawyers today. Sweeney Merrigan Personal Injury Lawyers can evaluate your medical malpractice claim and help you recover the maximum compensation to which you are entitled.

Our birth injury team includes Peter M. Merrigan and J. Tucker Merrigan, and is assisted by medical records reviewer and legal nurse consultant Amy Nichols. Start your free claim review today by calling our office at (617) 391-9001 or by completing our convenient online contact form.

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