Battle-Tested Medical Malpractice Attorneys in Boston
Untreated infections kill. By definition, infections produce symptoms of pain, swelling, fever and other clear signs of illness. If these serious signs are ignored or misunderstood, the consequences can be deadly. Infections relating to the birth of a baby are among the most severe. When a mother develops an infection after giving birth, and it goes undetected or untreated, the mother can face devastating consequences. If this infection occurs before the baby is born or during the birth process, she can pass the infection to the unborn child through the placenta, blood stream, or birth canal during delivery. Physicians who specialize in births are taught to look for signs of infections and to treat them promptly to help prevent any of these issues from occurring. Despite this, medical professionals sometimes fail to use appropriate care when treating a pregnant mother, leaving her baby and her with serious injuries. At Breakstone, White & Gluck, our Boston birth injury lawyers have assisted many families with understanding their legal rights in a situation involving an undiagnosed or untreated infection.
Issues Associated with Infections During Pregnancy or at Birth
There are many different types of infections that can arise during the birthing process. A few common examples include villitis, group B strep, UTIs, E. coli, and chorioamnionitis. If a physician or treating medical professional does not address these conditions appropriately, the mother can face serious consequences. These conditions can cause many different types of symptoms and conditions, such as early labor, an interruption of the exchange of nutrients to the baby through the umbilical cord, brain damage, and more.
The baby may also face injuries, including lifelong disabilities like cerebral palsy or hypoxic ischemic encephalopathy (HIE). Some of these injuries and conditions are even more likely during caesarean section procedures. Due to the frequency of and danger associated with birth infections, physicians are taught to look for certain indications of their presence and trained in how to treat them before they cause permanent and irreversible damage. When a doctor or medical professional fails to employ this training, he or she can be held liable for the injuries and damages that result.
Should I bring a claim against a careless doctor?
If you were harmed as a result of a medical professional’s carelessness during the labor and delivery process, you may be entitled to compensation through a medical malpractice case. This type of lawsuit is usually quite complicated, especially when there are complex medical concepts and conditions involved. Before filing your claim, it is important to conduct a thorough investigation to ensure that you will be able to prove each element of a medical malpractice case.
Massachusetts law requires plaintiffs’ attorneys in medical malpractice lawsuits to show that the defendant owed the plaintiff a duty of care but failed to act according to that duty. In general, Massachusetts law requires doctors to treat patients according to the same protocols and practices that other similarly qualified doctors in the same region would use when treating a patient with similar symptoms and conditions. This standard takes into account whether the defendant had any special training or certifications in a particular field, such as obstetrics. It is generally necessary to retain at least one medical expert who can testify regarding the treatment that the defendant rendered and how it fell below the applicable standard of care.
Next, the plaintiff’s lawyer must show that this failure was the direct cause of the injuries that he or she sustained. If the defendant can show that some other factor was to blame for the birth injuries, such as a pre-existing condition or an undetectable condition, the defendant will not be required to provide the plaintiff with compensation. Finally, the last stage of a birth injury lawsuit involves providing documentation supporting the amount of compensation that you are seeking in the lawsuit. This includes past and future medical expenses, as well as compensation for the pain and suffering that a mother and child went through.
Seek Guidance from an Experienced Boston Lawyer
Having provided legal counsel to many families in Massachusetts following a birth injury, our team of seasoned attorneys is familiar with medical malpractice laws and knows how devastating this situation can be for a family. We proudly serve victims in Boston and surrounding areas, such as Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule a free consultation, call us at 1-800-379-1244 or contact us online.