Donovan O'Connor & Dodig, LLP
Call OUr Law Office TODAY
Massachusetts 413-346-5305
Vermont 802-681-4687
Toll Free 800-365-9913
Our Practice Areas

What malpractice claim guidelines exist for pregnancy injuries?

If you are an expecting mother in Massachusetts, you know that when a preventable injury occurs as a result of a medical error, it has consequences not only for your well-being, but also for the health and safety of your child. After such an incident, you may wish to seek recompense; however, it is important to pursue action within the guidelines of the state’s legal code.

According to the National Conference of State Legislatures, you must file a medical malpractice claim within three years of the injury. In more complicated cases, such as an injury of which you were not—and could not reasonably expect to be—aware until after the fact, you have up to seven years to file a claim. In cases involving a foreign object left in the body, the timeline is indefinite. In such a scenario, you may pursue legal action more than seven years after the time of initial injury.

The NCSL further laid out nationwide standards for medical malpractice claims. Specifically, you must provide reasonable evidence of the following:

  • In accordance with an existing standard of care, the physician owed you treatment as a patient.
  • The physician violated the previously mentioned standard of care.
  • You suffered harm because the physician violated that standard of care.
  • You received an injury that is deemed compensable.

If you file your medical malpractice claim within the specified deadline and are able to establish through the four requirements discussed above that you were injured during pregnancy because of negligence on the part of your physician, you may be eligible to receive compensation for your suffering. Please note that this information has been provided for informational purposes and is not intended to serve as legal advice.

No Comments

Leave a comment
Comment Information
Email Our Team Today

Tell Us About Your Legal Issue

For more information, please call 800-365-9913 or fill out the below form to send us a confidential email:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

North Adams Office
1330 Mass MoCA Way
North Adams, MA 01247

Toll Free: 800-365-9913
Phone: 413-358-4652
Fax: 413-663-7970
North Adams Law Office Map

Pittsfield Office
2 South Street
Suite 115
Pittsfield, MA 01201

Toll Free: 800-365-9913
Phone: 413-358-4652
Fax: 413-443-1894
Map & Directions

Bennington Office
116 South Street
Bennington, VT 05201

Toll Free: 800-365-9913
Phone: 802-681-4687
Map & Directions

Springfield Office
1331 Main Street
Springfield, Massachusetts 01103

Toll Free: 800-365-9913
Phone: 413-358-4652
Fax: 413-443-1894
Map & Directions

  • Super Lawyers
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • PeerReviewRated
  • American Association for Justice
  • ABA | American Bar Association
  • MassBar |Association
  • NAELA
  • American College of Trial Lawyers