Birth Injuries
Your Family Has Rights. A Birth Injury Lawyer Will Fight For Them
The birth of a child is a special occasion. But when birth injuries or trauma occur due to careless medical attention or negligence, it’s critical that whoever caused the injuries is held accountable for his or her actions.
You and your family deserve to be compensated for your pain and suffering. You should not have to pay for someone else’s mistakes or go into debt due to massive medical bills. When you have us on your side, we can help you get the money you need and the justice you deserve.
At the Law Offices of Mark E. Salomone in Massachusetts and the Law Offices of Mark E. Salomone & Morelli in Connecticut, we know what evidence to look for, what questions to ask, and how to compile all that information into a strong legal case. That's why we consistently help families attain sizable verdicts and settlements.
But your case is about more than just money. When you stand up to the medical professionals who harmed your child, you’re standing up for all parents. You’re making sure other newborn children are not harmed by the same, reckless medical professionals in the future. You’re standing up for justice.
What are common types of birth injuries?
Birth injuries refer to various incidences that occur to an infant or mother before, during, or directly after delivery. Many issues occur during natural childbirth, but others may be due to mistakes made by medical professionals. Birth injuries can cover a wide range. Many of the most common birth injuries we handle include:
- Fractures to the arm or collarbone
- Bruising on the face or head
- Facial paralysis
- Skin irritations
- Umbilical cord entrapment
- Cerebral palsy
- Brachial plexus palsy
- Erb’s palsy
- Brain damage
- Bleeding in the brain (intracranial hemorrhage)
- Ischemia (a restriction in blood supply to an organ such as the brain)
- Hypoxia (when the body or a region of the body is deprived of oxygen)
- Nerve injuries (cranial nerve, spinal cord injuries)
- Perinatal asphyxia (deprivation of oxygen to an infant)
- Caput succedaneum (swelling in a newborn baby’s scalp)
Cerebral Palsy
Cerebral palsy is a permanent type of birth injury caused by the lack of oxygen to the brain. Specifically, cerebral palsy affects a newborn child’s central nervous system. In most cases, children suffer from this condition due to mistakes made by medical professionals during childbirth. Other times, newborn children develop cerebral palsy after birth due to the reckless or negligent actions of healthcare workers.
Common symptoms of cerebral palsy include:
- Difficulty moving
- Difficulty walking
- Involuntary movements
- Seizures
- Delayed development
- Paralysis
- Mental retardation
Cerebral palsy victims require specialized care and therapy throughout their lives, depending on the severity of the disorder. Such, round-the-clock care can take a financial and emotional toll on the victim as well as families and caregivers.
Signs of Birth Injuries
A significant number of birth injury cases result from negligence on the part of medical professionals. When complications arising during pregnancy and/or labor are overlooked or mistreated, your healthcare provider may be liable (financially responsible) for injuries to your baby.
Signs that your baby may have sustained birth injuries:
- Persistent poor nursing
- Seizures that develop within 24 to 48 hours after birth
- An APGAR score of 5 or less at five minutes; 7 or less at 10 minutes
- An infant that is “floppy” after five minutes
- No infant cry before the child is 10 minutes old (unless the baby has a breathing tube in his or her throat)
- Prolonged resuscitation of the baby after delivery
- Full-term baby who does not go home with his or her mother
If your child sustained a birth injury, you may be entitled to compensatory damages. Depending on the type of injury the child suffered, this can include future and past medical expenses, pain and suffering, disability and disfigurement, loss of a normal life, and loss of future earnings.
Birth Injuries to Mother
Most birth experiences leave the mother unharmed. But the birth of a child always has a degree of risk involved for both mother and child. A medical error in the delivery room can have catastrophic consequences for the mother.
Birth injuries to the mother may result from any number of events. When the mother develops dangerously high blood pressure, she may suffer from preeclampsia or pregnancy-induced hypertension. This condition is treatable. Mothers may sustain birth injuries from infections and complications from anesthetics, which can be the result of too much or too little medication.
Birth injuries to a mother can have life-altering, even fatal, consequences. When the mother has sustained birth injuries, she and her family deserve an experienced firm that can provide aggressive representation. Give your case an advantage: The Salomone Advantage.
Common causes of birth injuries to a mother include:
- The baby’s size (the infant is too large to pass through the birth canal, which may occur if the mother has diabetes)
- Instrumental deliveries
- Vaginal breech delivery
- Abnormal or excessive traction
- Maternal size
- Prematurity
- Difficult or prolonged labor
How Do I File a Birth Injury Lawsuit?
To file a birth injury lawsuit claim, knowing what to do is critical for a successful outcome. You must provide evidence that proves the hospital or healthcare provider breached their standard of care and acted negligently. Additionally, you must show that there was direct causation and damages, a legal term for losses sustained due to someone else’s actions.
Most importantly, you should speak to an experienced child birth injury lawyer as soon as possible. The statute of limitations for the injured mother (the time limit for filing a birth injury lawsuit) in Massachusetts is three years; in Connecticut, it’s two years.
The statute of limitations for the injured child depends upon their age when injured. Any medical malpractice action by a minor must be initiated within three years from the date the cause of action accrues. However, minors under six years of age have until their ninth birthday to bring such an action; but in no event may an action be commenced more than seven years after occurrence of the act or omission that is the alleged cause of the injury, except where the action is based on the leaving of a foreign object in the body (Mass. Gen. Laws ch. 231, § 60D (2012)).
However, you should not wait that long. The sooner you speak to an attorney, the better. They can gather fresh evidence to support your claim and negotiate for a fair settlement on your behalf.
Contact A Birth Injury Lawyer For The Support You Deserve
If your baby is showing signs of birth injuries, contact us. Our birth injury attorneys serve families throughout Massachusetts and Connecticut. We can help you to obtain the compensation you deserve for damages you or a loved one has suffered due to the negligence of a health care provider.
Depending on the circumstances of your birth injury, your family may be eligible to receive compensation for:
- Medical expenses
- On-going medical care
- Pain and suffering
- Loss of income (if you have to reduce your work hours to care for child)
- Future housing needs for the child as an adult
Remember, your initial consultation is free, and you don’t pay us unless you win. Call 1-800-WIN-WIN-1 and schedule an appointment today. Our law firms have 18 offices located throughout Massachusetts and Connecticut. And if you can’t come to us, we can meet wherever’s convenient for you.