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Birth injuries: Can parents find recourse for emotional pain?

Having a child is a unique and amazing experience for many parents. Unfortunately, things do not always go as planned sometimes, making the experience for some traumatic and tragic. Although physical birth injuries are more easily documented, some parents experience emotional injuries surrounding the circumstances of their child's birth. Massachusetts parents may be interested in one man's recent lawsuit against a hospital and a nurse, claiming that they caused intentional harm following the birth of his child.

The mother of the child is a member of a Native American tribe, but the father is not. According to the lawsuit, the grandmother of the child, who is also a tribe member, was not happy that the child's father was white. The grandmother filed a claim that the father of the baby was abusive to the mother during her pregnancy, and she received an order to have the newborn placed in her care and custody. Officers of the tribe were allowed to enter the hospital and remove the child.

Following the incident, the father of the newborn filed a lawsuit against the hospital as well as a nurse who worked there, claiming that both caused emotional distress. A detective, tribal judge and the infant's grandmother have also been named in the lawsuit. Some of the claims are false imprisonment, conspiracy and defamation.

Whether birth injuries are physical or emotional, the resulting complications and impacts on parent's lives are very real. Parents may lose time and income at work as a result of caring for their children, and unexpected medical and therapy bills may quickly lead to dire financial circumstances. Massachusetts attorneys can review the details of a parent's case and can offer advice on the potential for legal recourse.  

Source: NBC Miami, "Father of Newborn Taken From Hospital Files Lawsuit Against Miccosukee Tribe, Hospital", April 13, 2018

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