Any injury sustained to either mother or child during the birthing process is considered a birth injury. Unfortunately they are rather common, and typically a result of your doctor’s or hospital’s negligence. Statistics show an alarming trend of medical negligence in the past few years: out of every 1,000 children, six to eight of them suffer a birth injury. This breaks down to almost three children every hour.
If you or your child have suffered at the hands of a healthcare professional’s negligence, it is vital you reach out to a dedicated personal injury lawyer as soon as possible. Sweeney Merrigan Personal Injury Lawyers has served the Somerville community for many years now and have recovered millions of dollars for medical malpractice victims. To speak with a team representative and discuss your best legal options, please give us a call at (617) 391-9001 or use our contact form.
A birth injury differs from a birth defect in that it is any injury sustained during the birth process. A birth defect, on the other hand, is an injury developed while in the womb and is not commonly a result of medical malpractice. A birth injury also does not have to be the product of negligence. Sometimes, even with all of the right attention, the trauma of birth can take a toll on the mother and baby’s bodies.
However, this is not always the case. It can be quite alarming to plan for nine months, choose your hospital and pack a baby bag, only to leave with life-altering injuries to your newborn child. Common birth injuries to children can include:
These injuries can range in cause, such as failure to properly monitor the parent during birth or failure to perform a cesarean section when needed. A lot of physical injuries, such as to the spine or neck, are often a result of incorrectly using forceps. If you are unsure if you or your child’s injuries are a direct result of negligence, a Somerville birth injury lawyer can help investigate your claim and get to the bottom of your case.
Sweeney Merrigan Personal Injury Lawyers are here to help you in your time of need. When you are recovering from an injury or caregiving for a newborn in need, adding a lawsuit into the mix can feel overwhelming. You need compensation for lost wages and medical bills, but you don’t have the time to fight for your family. At Sweeney Merrigan Personal Injury Lawyers, we will do the fighting for you while you focus on your family and recovery. We will be there for you every step of the way, including partaking in the following processes:
Filing a medical malpractice claim is the first step to getting the compensation you and your family so rightfully deserve. The claim process in Somerville is a little tricky, due to laws in place to protect doctors, surgeons, and other health professionals. We will navigate the ins-and-outs of filing for you.
To support your claim and build your defense, you need evidence of negligence on behalf of the nurse, doctor, or hospital. A prestigious and dedicated Somerville birth injury attorney will gather this evidence on your behalf. By speaking with experts in the field, your defense will thoroughly detail the negligent behavior you and your child experienced.
Claims don’t often result in trial, but if we fail to meet an agreement for a settlement with the at-fault party, we are ready to represent you and fight for you in the courtroom.
Under Massachusset’s state law, the statute of limitations to file a claim to receive damages for your birth injury is three years. Once filed, the team at Sweeney Merrigan Personal Injury Lawyers will get to work building your case. It can take time to show your child’s birth injuries were a direct result of negligent actions. Occasionally, it can even take years for the injuries to reveal themselves. If this is the case, our team will work diligently to ensure you are receiving appropriate compensation for past expenses.
Damages for those affected by birth injuries can range depending on the severity of the injury. For example, you and your family may be eligible to receive damages for medical bills, lost wages, physical therapy, rehabilitative care, long-term care, medications, medical devices, in-home care, and more. Your Somerville birth injury attorney will be dedicated to getting you the proper treatment and justice. Currently, Massachusetts has a damage cap of $500,000 on non-economic damages, which includes pain, suffering, and other intangible items.
Compensation can sometimes be the only way for your child to live a full and fulfilling life. Sweeney Merrigan Personal Injury Lawyers will fight for every penny you are owed.
Get you and your family one step closer to the justice you deserve by calling a birth injury lawyer at Sweeney Merrigan Personal Injury Lawyers today. Our co-managing partner, J. Tucker Merrigan, has been recognized by outlets such as Best Lawyers for his work in the medical malpractice field. Many of our lawyers share this and similar accolades, so you can trust us to do everything in our power to get you the compensation you deserve.
Our team knows deeply the pain you are going through, and handles every case with the respect and compassion required. We have fought for Somerville families for more than a decade, and want to do the same for you. For a free consultation today, give our offices a call at (617) 391-9001 or fill out our contact form.