The birthing process can be daunting, especially for new parents. Not knowing what to expect is hard, but experiencing complications during birth or undergoing a particularly difficult birthing process can make things even more stressful. Although Massachusetts law does not demand that medical professionals have a zero error rate, it does require them to use a certain level of care and skill when treating patients. If a medical professional fails to use adequate care during a birth, the baby can suffer serious injuries. Roughly one in every thousand babies suffers a fracture during the delivery process. In many cases, these fractures are a result of negligence on the part of the treating physician. If your baby suffered a fracture injury during birth, and you believe that it was a result of your physician’s negligence, our Boston birth injury lawyers are ready to help you explore your potential claim.Understanding the Risks Associated with Fracture Injuries During Birth
Although a baby can suffer a fracture in many different ways during the birthing process, it is most common for the fracture to involve the collarbone. This is usually the widest part of a baby’s body and the most difficult portion to pass through the birth canal. Collarbone fractures are even more common in situations involving a breech birth and in cases involving shoulder dystocia.
If a physician or midwife is not careful in maneuvering or adjusting a baby during the birth process, a fracture may result. Medical research has identified a number of factors that can contribute to fractures during birth. If a baby exceeds a certain weight, he or she may be more prone to suffering a fracture. The larger the baby, the more constricted that his or her body will be when passing through the birth canal. If the baby is in an improper or unusual position during birth, it may also compromise the baby’s ability to pass through the birth canal safely. If a baby is born prematurely, he or she may not be fully developed. Fragile bones are far more prone to fractures during birth. As another example, a prolonged and strenuous labor can put excessive pressure on a baby’s body and increase the risk of fractures.
If your baby is injured during the birth process as a result of medical malpractice, we can help you bring a personal injury claim against the medical provider to recover compensation for the baby’s injuries. Our attorneys may also be able to assert against other medical professionals who were involved in the incident. To recover compensation, we must show that the defendant failed to use due care. In general, Massachusetts law requires medical professionals to use the same procedures and practices, and the same level of care, that other medical professionals in their specialties would use when treating a patient or handling a birth involving similar conditions. It is always necessary to retain a medical expert to examine your case and to testify on your behalf regarding the defendant’s conduct.
After showing that the defendant failed to use appropriate medical care, we must prove that this failure was the cause of the fracture that your baby sustained. Next, we will help you provide evidence supporting the amount of damages that you are requesting from the defendant, including any past and future estimated medical expenses arising from the fracture.Schedule a Consultation with a Medical Negligence Attorney in Boston
Few things are more devastating than seeing your baby in pain immediately after he or she is born. This is supposed to be one of the most joyous and exciting times for your family. While you are doing your best to be with your injured infant and to ensure that he or she is treated appropriately, we can ensure that your legal rights are asserted aggressively. Our injury lawyers represent people in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To set up your free consultation to discuss a claim arising from a birth injury or another instance of medical negligence, such as a misdiagnosis, call us now at 1-800-379-1244 or contact us online.