When medical malpractice occurs during childbirth, it can lead to devastating consequences for both the mother and the baby. Birth injuries caused by medical negligence can range from mild to severe, and in some cases, may even result in death.

What Is Birth Injury Medical Malpractice?

In Massachusetts, medical malpractice occurs when a healthcare provider’s actions fall below the accepted standard of care, and that failure directly leads to harm or injury. In the context of childbirth, this could mean anything from prescribing the wrong medication to failing to perform a timely cesarean section.

According to the Centers for Disease Control and Prevention (CDC), approximately seven out of every 1,000 babies born in the United States suffer from a birth injury. Some of these injuries result from medical malpractice or negligence, which could have been prevented with proper care and attention.

Types of Birth Injuries Due to Medical Malpractice

While every birth is unique, the potential for medical errors that cause birth injuries is significant, and the consequences can be lifelong. Common types of birth injuries resulting from medical malpractice include:

  • Brain injury (e.g., hypoxic-ischemic encephalopathy)
  • Intrauterine fetal demise (stillbirth)
  • Intraventricular hemorrhage (bleeding in the brain)
  • Kernicterus (brain damage caused by severe jaundice)
  • Newborn cephalohematoma (bleeding between the baby’s skull and the membrane covering the skull)
  • Newborn jaundice (a liver condition that causes yellowing of the skin and eyes)
  • Periventricular leukomalacia (damage to the brain’s white matter)
  • Skull fractures
  • Spinal cord injury
  • Cerebral palsy (a neurological disorder affecting movement)
  • Erb’s palsy (a nerve injury affecting the arm)
  • Death (in extreme cases)

These are just a few of the many types of birth injuries that can occur as a result of medical malpractice. Each of these injuries can significantly impact the long-term health and well-being of the mother and child, and many require ongoing medical care.

medical malpractice - birth injuryHow Is Medical Malpractice Determined Under Massachusetts Law?

In Massachusetts, a medical malpractice case is based on the principle that healthcare providers are legally obligated to adhere to a certain standard of care. If a healthcare provider’s actions deviate from that standard and cause harm, they may be liable for the resulting injury.

To successfully pursue a medical malpractice case in Massachusetts, four key elements must be established:

  1. Duty of care: The healthcare provider must have had a duty to provide care to the mother and/or baby.
  2. Breach of standard of care: The provider must have deviated from the accepted standard of care, either by action (e.g., prescribing the wrong medication) or omission (e.g., failing to perform a timely C-section).
  3. Causation: It must be proven that the provider’s breach of care directly caused the injury to the mother or baby.
  4. Damages: The injury must have led to verifiable damages, such as medical costs, lost wages, pain and suffering, or long-term disability.

If any of these elements are not met, a malpractice claim may not succeed. For this reason, it is crucial to consult with an experienced personal injury attorney to assess the viability of your case.

What to Do If You Believe You Were a Victim of Medical Malpractice

If you believe a birth injury was caused by medical negligence, it’s important to seek legal counsel as soon as possible. While there is no need to act immediately, Massachusetts has a statute of limitations for personal injury claims, including medical malpractice cases. In general, the statute of limitations is three years from the date of the injury, though there are exceptions. For example, if the injury wasn’t discovered immediately, the statute of limitations could be extended and injuries involving children are subject to longer time periods.

Because medical malpractice cases are often complex and time-consuming, it’s essential to work with an experienced attorney who understands the intricacies of both medical care and Massachusetts law. A qualified lawyer will help you navigate the legal process and protect your rights.

If you or a loved one has been the victim of birth injury malpractice, the team at SUGARMAN is here to help. Our experienced personal injury attorneys specialize in medical malpractice cases and have the knowledge and resources to thoroughly investigate your claim and advocate on your behalf. Contact us today by phone at (617) 542-1000, by email at , or by filling out our Contact Form