The Birth Lawyers Group’s birth asphyxia lawyers in Massachusetts are dedicated to defending families that put their faith in a Massachusetts medical facility’s knowledge and skill to ensure safe delivery. We will give you a free case consultation if their negligence caused major birth damage.
It’s challenging to provide for a hurt child while still paying for medical bills that the hospital caused. Our firm will strive to prove medical negligence and obtain compensation for you and your family that lessens the financial hardship you have been through. Continue reading to discover more about what a birth injury lawyer can do for your birth asphyxia case.
For a free legal consultation, call 1-800-222-9529
The Legality of Suing Your Doctor After a Birth Injury
Medical staff is legally required to provide a standard duty of care to patients. They must have the abilities, experience, and knowledge necessary to manage challenging laboring conditions.
In situations where hospital staff stray from accepted practices, they may harm a kid at delivery. The following medical errors have been proven to be medical negligence that causes birth injuries such as birth asphyxia in children:
- Failure to recognize fetal distress indicators and administer the proper care to avoid trauma or brain damage
- Failure to treat the mother for conditions such as preeclampsia
- Delaying to perform an emergency C-section even when the mother’s health or the health of the newborn infant calls for it
- Negligent use of forceps, vacuum extractors, and other medical tools used for delivery
Birth injuries resulting from medical malpractice warrant legal action. If you experienced any of the listed circumstances during your labor and delivery, you may be eligible for compensation to cover the costs associated with your birth injury.
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Birth Injury Lawsuit Settlement Factors and Figures
We were successful in obtaining $1.15 million in compensation after a baby died due to inadequate medical care, but the amount of damages recovered varies from case to case.
After reviewing your claim, your Massachusetts birth asphyxia attorney will evaluate how much you can expect to receive from a successful birth injury lawsuit. Your settlement package is based on the details of your case and the following factors:
- The estimated cost of future medical expenses to treat the birth damage
- Payment for the physical hardship and pain the kid has experienced
- Compensation for the child’s mental suffering stemming frequently from the loss of enjoyment of life
- Diminished wages that the child may experience due to birth damage
- Loss of consortium
A settlement from a birth injury case holds medical professionals accountable for their carelessness. Nothing will undo the harm done, but receiving compensation from the negligent parties can lessen your family’s suffering.
Proving Liability in a Medical Malpractice Case
A medical malpractice attorney in Massachusetts can review your case to determine if your child’s birth injury was caused by medical malpractice. Liability is typically proven by obtaining medical records and hearing expert testimonies that support the allegations of medical negligence.
After determining which person(s) are responsible, a settlement amount will be requested by your attorney and negotiated on your behalf.
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Massachusetts Birth Injury Lawsuit Limitations
The amount of anguish that you and your family experience may be ongoing, but there are legal restrictions to be aware of. Massachusetts enforces a cap on how much money medical negligence victims receive, as well as the amount of time given to file a claim. Connecting with a birth asphyxia lawyer in Massachusetts can help you navigate the following regulations:
Compensation Limits for Birth Injury Lawsuits in Massachusetts
According to Massachusetts General Law Chapter 231-60H, patients who suffer because of medical malpractice can be compensated up to $500,000. However, if it is determined that the case’s negligence caused significant or permanent disfigurement or loss of a physical function, the cap does not apply.
Timeline Restrictions for Birth Injury Claims in Massachusetts
Two regulations in Massachusetts require birth injury sufferers to file their lawsuits within a particular period of time.
- Chapter 260, Section 4, of the Massachusetts General Law mandates that all medical malpractice claims brought on behalf of a minor kid must be submitted within three years.
- Chapter 231, Section 60D, of the Massachusetts General Law establishes an exception for cases of birth harm brought by the kids themselves. To file their claims, they have seven years.
When to Hire a Birth Injury Attorney for Medical Negligence
Contact us today to hold the appropriate party responsible for medical negligence. Our birth injury attorneys in Massachusetts understand how overwhelming your situation may feel. Our legal team can help you file a medical malpractice claim if your child experienced birth asphyxia.
The legal process for suing your doctor for a birth injury can be extensive alongside caring for an injured child, missing work, and paying medical bills. The best time to contact legal help for your case is immediately after the injury. Our lawyers are available 24/7 to simplify the litigation process so that you and your family have time to cope and move forward with healing.