Your Massachusetts Birth Injury Attorneys

We are the Boston, MA Birth Injury Lawyers to Represent You With Respect to Your Birth Injury Medical Malpractice Claim.

Providing Excellent Legal Counsel to Victims of Birth Injury Medical Malpractice All Over Massachusetts.

For a FREE CONSULTATION About Your Birth Injury Claim,
Call (617) 787-3700 today!

NO FEE UNTIL WE GET YOU MONEY ON YOUR BIRTH INJURY MEDICAL MALPRACTICE PERSONAL INJURY CLAIM!
TwitterFacebookEmail Us

Call Our Boston, MA Birth Injury Medical Malpractice Lawyer Experts 24/7 at 617-787-3700. Our Massachusetts Birth Injury Negligence Attorney Specialists Are Here to Help You. Our Boston Lawyers Always Provide Our Massachusetts Birth Injury Clients With a Free and Confidential Initial Consultation.

What is Massachusetts Law With Respect to Birth Injury Claims and Medical Malpractice?

The Commonwealth of Massachusetts has enacted laws which protect the rights of our children and their families who suffer birth injuries at the hands of their doctors and nurses. All too frequently, these medical professionals, upon whom we should be able to rely for professional treatment and care, act negligently, or worse, and we suffer the consequences.

If you or a loved one has suffered damages as a result of birth injury medical malpractice or the death of a child, please call our Massachusetts birth trauma lawyers and Boston wrongful death attorneys today at 617-787-3700 or email us at info@gilhoylaw.com.

What follows is a list of common inquiries regarding birth injury claims and related issues.

Who Is Responsible?

There are several parties that may be responsible to you and your child for money damages if he or she has suffered a birth injury due to medical negligence. The first party who may be responsible is the doctor who performed the delivery. Physicians are liable if they fail to adhere to the standard of care exercised by reasonable physicians in the same or similar circumstances. Under the legal theory of respondeat superior, the doctor may also be liable for injuries caused by the negligent acts of nurses, residents or interns who are under the doctor’s control and who breach their duty of care during the delivery of the child.

The hospital itself can also be held vicariously liable for injuries sustained by your child while admitted to their facility, as hospitals owe a duty to children and other patients seeking treatment and care in their establishments. If a hospital does not exercise reasonable care during the arrangement and coordination of patient care, or acts improperly with respect to the hiring and retention of their employees, the law may hold them in breach of their duty and liable for monetary damages to you and your child. Lastly, nurses may also be held legally responsible for their negligent acts when they fail to adequately monitor patients, fail to appropriately diagnose conditions or properly medicate patients, or fail to effectively communicate and record any issues or concerns with the attending physician.

What Must Be Proven to Recover Monetary Damages?

Not every medical procedure has a desirable outcome. In order to prevail in medical negligence cases involving birth injuries, the injured party has to prove certain elements of his or her case. The injured party, called the plaintiff, bears the burden of establishing the standard of care required during delivery, as well as proving that the doctor did not meet that standard. The term “standard of care” refers to the methods or actions that reasonable medical providers would undertake in similar circumstances. What is reasonable in regards to standards of care varies from community to community. Highly trained specialists who are employed by high tech medical facilities in large cities are not held to the same standard of care as general practitioners in medically under served and rural communities. They are, instead, held to a much higher standard of care. The plaintiff must provide medical experts to testify as to the appropriate standard of care in the particular case, and contrast that standard with the actual care rendered by the negligent treating physician.

Once the plaintiff establishes the relevant standard of care, and the breach of that standard of care by the medical professional, the plaintiff will also need to establish that it was this deviation from the standard of care that resulted in the birth injury to their child. This means proving that the birth injury would not have occurred but for the substandard prenatal care or delivery, and that the reduction in the quality of the baby’s life would not have occurred had the medical practitioners rendered reasonable and appropriate treatment.

When Should I File My Claim?

Generally, the Statute of Limitations in the Commonwealth of Massachusetts allows for no more than three years from the date of the malpractice to file a birth injury lawsuit. Depending on the particular facts of the case, there may be an allowance for a longer length of time, or there may be a tolling of the statute of limitations. In any event, you need to move quickly. Case preparation involves an extensive investigative period, including expert retention and obtaining evidence. Due to this complex, time consuming, and extensive process, upon any suspicion of medical neglect, we advise potential clients to contact our Boston birth injury lawyers immediately either by telephone at 617-787-3700 or via e-mail at info@gilhoylaw.com. We can help you. You have nothing to lose, and everything to gain.

What Am I Entitled To With Respect To Damages?

Victims of birth trauma injury due to medical negligence are entitled to both economic and non-economic damages. Economic damages include past and future medical costs, loss of potential earning capacity due to the injury, and the cost of any present or future in-home care necessary as a result of the harm. The Commonwealth of Massachusetts follows the collateral source doctrine, which means that a defendant may be held responsible for such expenses, even when the injured party is covered by their health or other insurance. Plaintiffs may also be entitled to recover for intangible damages, such as pain and suffering, mental anguish, loss of enjoyment of life, and losses related to living with a mental impairment or physical disability.

Our Boston, MA Birth Injury Medical Malpractice Lawyer Professionals Are Available 24/7 at 617-787-3700. You Can Also Email Our Massachusetts Birth Injury Negligence Attorney Experts at info@gilhoylaw.com. Please Do Not Hesitate. Contact Our Boston Lawyers Today!

It is very difficult to calculate the value of your or your loved one’s birth injury medical malpractice claim. One of the major difficulties in figuring out the value of your birth injury claim is that insurance companies often dispute the extent to which their insured is responsible for your baby’s and your injuries. In any event, however, birth injury damages can be substantial, frequently in the millions of dollars.

Another central issue that affects the monetary value of your birth injury case is the amount of insurance coverage or assets that are available. It is possible for the monetary value of your claim to be greater than the amount of available insurance or assets to cover your money damages. Regardless of whether there is an insufficient amount, or no amount, of available insurance coverage or assets, it is important that you contact one of our expert Boston birth injury medical malpractice attorneys at our Boston, MA birth injury law office as soon as possible after a birth injury has happened. Frequently, there are ways for our expert Boston medical malpractice attorneys to find additional coverage, whether it is through the State or another person or entity.

Medical malpractice law is full of nuances that may be overwhelming to many. You should not have to go through this alone. Our team of expert Boston birth injury attorneys is here to help you navigate through the law and successfully establish and prove your case. If your child or the child of a loved one has suffered a serious birth injury as a result of medical negligence, contact our Boston birth trauma and personal injury attorneys today at 617-787-3700 or by e-mail at info@gilhoylaw.com to discuss your rights and options.

Call Our Boston, MA Birth Injury Medical Malpractice Lawyer Professionals at 617-787-3700. Our Massachusetts Birth Injury Negligence Attorney Advocates Are Here to Speak With You Now. Your Needs Are Our Top Priority!

 

 

 

 

 

 

 

 

 

 

 

 

 

Call Our Boston Birth Injury Lawyers Today At 617-787-3700 or Email Our Injury Attorneys At info@gilhoylaw.com
Our Boston Birth Injury Lawyers Are Available 24/7.


Email Us

Our Boston Medical Malpractice Personal Injury Lawyers Have Obtained Significant Monetary Compensation For Birth Injury Victims.
Our Massachusetts Birth Injury Attorneys Are Passionate About Representing Our Clients.
Let Our Boston, MA Birth Injury Lawyers Put Our Expertise And Skills To Work For You.