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Birth injury law covers legal claims arising from injuries to a newborn or mother that occurred during pregnancy, labor, delivery, or shortly after birth. In Braintree, Massachusetts, these claims are handled under Massachusetts medical-malpractice and personal-injury principles and are filed in the state court system. Birth-injury cases commonly involve brain injuries from lack of oxygen, physical trauma such as brachial plexus injuries, medication errors, delayed or improper response to fetal distress, and errors in cesarean-section decision-making or technique. These cases can be complex because they require medical experts, careful medical-record review, and understanding of both legal and medical standards of care.
Birth-injury claims often involve serious, lifelong consequences for the child and family. You may need a lawyer when:
- The child has a serious diagnosis that could be linked to events at or near birth, for example cerebral palsy, hypoxic-ischemic encephalopathy, skull fracture, or brachial plexus injury.
- You suspect a hospital, doctor, midwife, or other provider failed to follow the accepted standard of care - for example failing to monitor fetal distress, delaying an urgent cesarean section, misreading test results, or administering incorrect drugs or dosages.
- You need help obtaining and preserving medical records, imaging, and other evidence from hospitals and providers.
- You want professionals to evaluate causation and prognosis, including long-term care needs and lifetime costs of care.
- You are contacted by an insurance company or the hospital and need advice on whether to sign releases or accept a settlement offer.
- You want to pursue compensation to cover medical bills, therapy, assistive equipment, special education, lost income, and pain and suffering.
Birth-injury claims in Braintree are governed by Massachusetts state law and are litigated in the Massachusetts court system, typically in Norfolk County courts for local residents. Key legal aspects to understand include the following.
- Statute of limitations and timing - Medical-malpractice and birth-injury claims are subject to time limits for filing. These limits can be strict and may vary depending on when the injury was discovered and whether the injured person is a minor. It is important to consult a lawyer promptly to preserve your rights.
- Standard of care and medical experts - A successful birth-injury claim usually requires evidence that the provider breached the applicable standard of care and that the breach caused the injury. Expert medical testimony is typically necessary to establish both breach and causation.
- Damages available - Families can seek economic damages such as past and future medical costs, therapy, assistive devices, and lost earnings, as well as non-economic damages such as pain and suffering. Massachusetts law determines which damages are recoverable and how they are measured.
- Administrative reporting and licensing - Adverse events may also be reported to state agencies such as the Massachusetts Department of Public Health and to professional licensing boards. Filing a malpractice claim does not replace any required reports to regulatory authorities.
- Special procedures for public providers - If care was provided by a public hospital or government-employed provider, different notice requirements or procedural rules may apply.
Because procedural rules and deadlines matter a great deal in malpractice cases, meet with an experienced birth-injury attorney to get clear, case-specific guidance.
A birth injury is any physical or neurological injury to a baby or mother that occurs during pregnancy, labor, delivery, or shortly after birth. Common newborn injuries include oxygen-deprivation brain injuries, fractures, nerve injuries such as brachial plexus damage, intracranial hemorrhage, and injuries caused by medication errors. Some conditions may have multiple causes, so medical and legal review is needed to determine if negligence played a role.
Proof of negligence requires showing that a healthcare provider failed to meet the accepted standard of care and that this failure caused the injury. That usually means obtaining medical records, having independent medical experts review the care, and linking the provider’s actions or omissions to the child’s condition. A lawyer experienced in birth-injury cases can arrange expert reviews and help determine whether a malpractice claim is viable.
Time limits apply to medical-malpractice claims. Deadlines vary depending on the law and the facts of the case, and special tolling rules often apply where the injured person is a child. Because deadlines can be short and missing them can bar your claim, contact an attorney promptly to learn the specific deadlines that apply to your situation.
Compensation in birth-injury cases commonly includes payment for past and future medical expenses, therapy and rehabilitation, assistive devices and home modifications, special education, lost earning capacity of a parent who must provide care, and non-economic damages such as pain and suffering. The exact categories and amounts depend on the case facts and applicable law.
Yes. Expert medical testimony is normally required to explain the standard of care, how it was breached, and how that breach caused the injury. Experts also help project future medical and support needs. Your attorney will identify and retain appropriate specialists to support your claim.
Many birth-injury attorneys handle cases on a contingency-fee basis, meaning they are paid a percentage of any recovery and you do not pay attorney fees upfront. There may also be case-related expenses such as expert fees and record costs. Discuss fee structure and costs with any lawyer before hiring to understand payment responsibilities and how expenses are handled if there is no recovery.
Immediately request and preserve medical records related to the pregnancy, labor, delivery, and the infant’s postnatal care. Keep a detailed timeline of events, names of providers, photographs of the infant’s injuries, hospital discharge summaries, bills, and insurance correspondence. Preserve any fetal monitoring strips and imaging if possible. Your attorney can help obtain records via formal requests and subpoenas if needed.
Be cautious. You can ask questions and request information from the hospital, but avoid giving recorded statements or signing releases without consulting an attorney. Hospitals and insurers may contact families early in the process. An attorney can advise on how to communicate and can handle negotiations or inquiries on your behalf.
Possibly. Many birth-injury claims use the discovery rule, which can start the clock when the injury or its connection to care was discovered. However, rules differ and statutes of repose may limit claims after very long periods. Prompt consultation with an attorney is important to determine whether your claim is timely.
Case length varies widely. Some cases settle within months after investigation and negotiation. More complex cases may take several years if litigation, expert discovery, depositions, and trial are needed. Settlement timelines depend on the strength of the evidence, the willingness of parties to negotiate, and court scheduling. Your lawyer can give a realistic timeline based on the specifics of your case.
Below are types of local and national resources that can help families dealing with birth injuries. Your attorney can also connect you with local specialists and support services.
- Massachusetts Department of Public Health - for facility reporting and public health information.
- Massachusetts Board of Registration in Medicine - for questions about physician licensing and complaints.
- Norfolk County courts - the local court system where civil actions are typically filed in the Braintree area.
- Massachusetts Bar Association and local trial lawyer groups - for referrals to experienced medical-malpractice attorneys.
- Disability Law Center - advocacy and legal-help information for people with disabilities in Massachusetts.
- Brain Injury Association of Massachusetts and Cerebral Palsy support organizations - for family support, education, and local resources.
- National organizations such as March of Dimes and the American Academy of Pediatrics - for medical information and community resources.
- Hospital patient advocates and social work departments - for help navigating hospital billing, appeals, and care coordination.
If you believe your child suffered a birth injury that may be related to medical care, follow these steps to protect your rights and get needed help:
- Get legal advice quickly - Contact an attorney experienced in birth-injury and medical-malpractice cases for a prompt consultation. They can review the case, explain deadlines, and advise on next steps.
- Preserve records - Request and keep complete medical records for the pregnancy, labor, delivery, neonatal period, and any follow-up care. Keep originals safe and make copies.
- Document everything - Create a timeline, write down provider names and dates, keep bills and receipts, and document the child’s current needs and limitations.
- Avoid signing releases - Do not sign medical or settlement releases or give recorded statements to insurers without speaking to your lawyer.
- Seek appropriate medical and support services - Obtain necessary medical care, therapies, and evaluations for your child. Ask hospitals about patient advocates who can help with immediate practical concerns.
- Ask about finances and benefits - Discuss insurance coverage, Medicaid, Supplemental Security Income, and other public benefits that may help cover care costs. An attorney or social worker can help with applications and appeals.
Birth-injury cases are emotionally and legally challenging. A local attorney with experience in Massachusetts birth-injury law can guide you through the medical, legal, and financial issues so you can focus on care for your child and family.
