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Babies are at their most vulnerable as newborns, which is why expectant parents rely on the care of highly trained doctors and obstetricians during pregnancy, labor and delivery. Newborns have their whole lives ahead of them, and when something goes wrong, it can have a permanent detrimental effect on their future. It’s no wonder, then, that Massachusetts parents become so protective and upset in cases involving physician negligence during birth; a careless mistake or thoughtless oversight can have devastating lifelong consequences for children.

In another state, a mother and her baby have recently filed a lawsuit over just such birth injuries. The complaint alleges malpractice and negligence by the doctor who delivered the baby. The physician was employed by the Department of Health and Human Services at the time of the newborn’s delivery; as such, the lawsuit names as defendant the United States of America.

Per the complaint, during her birth in 2009, the newborn suffered an injury to her brachial plexus. The plaintiffs allege that the baby’s injuries were due to the doctor’s failure to diagnose the fetus’s macrosomia. Had he done so, the lawsuit claims, a C-section could have been considered, minimizing the risk of injuries to the baby. Instead, the injuries the infant sustained during delivery have required the child to undergo an undisclosed number of surgeries, as well as both occupational and physical therapy.

The lawsuit is seeking unspecified damages, although the amount is apparently in excess of the court’s jurisdictional limits. Often, in successfully litigated cases involving birth trauma, a majority of any monetary damages awarded goes toward the sizeable bills incurred by the costly ongoing medical treatment that’s usually necessary for injured child victims. In such incidents of grievous injury due to physician negligence during birth, the guidance and counsel of an experienced Massachusetts medical malpractice attorney nearly always proves crucial to a successful outcome.

Source: pennrecord.com, “Mercer County mother, minor file malpractice suit against federal government“, Louie Torres, Dec. 6, 2017