Birth Injury Lawyers Tirelessly Advocating For Families

Birth injuries are devastating events that alter the future of the child injured and the parents who must help and care for them. When birth injuries occur, families need experienced legal counsel to help guide them through the legal process so that they can concentrate on taking care of their injured child.

At the law firm of Donovan O'Connor & Dodig, LLP, we have the knowledge and experience to help you receive compensation for an avoidable injury suffered by your child during the delivery process, including retaining the necessary medical experts to advocate on your behalf.

Understanding Birth Injuries

Even if your family has experienced a birth injury, you may not know how it happened or who is responsible. The following information could help clarify how negligent birth injuries happen in Berkshire County.

Examples Of Birth Injuries

Birth injuries come in many forms. Some will heal in the first few months, while others may be permanent, requiring lifelong care. In many cases, birth injuries result from the treating doctor’s failure to respond to or assess the conditions and complications of a woman’s pregnancy or delivery. When a fetus is in distress, it is often suffering from deprivation of blood and oxygen, and prompt delivery, by cesarean section if necessary, is critical. If medical providers fail to act quickly, babies may be born with significant brain injuries, hemorrhages or other deficits.

Children diagnosed with Cerebral/Erb’s Palsy and Kernicterus after birth are often victims of medical malpractice. Other common birth injuries, along with their causes, include:

• Asphyxia: The fetus’s oxygen supply can get cut off, potentially leading to brain damage from hypoxic encephalopathy if not promptly dealt with.
• Broken bones: Careless handling of the fetus during or after delivery can damage their delicate bones, including their skull.
• Brachial plexus damage: The brachial plexus is a bundle of nerves in the shoulder that controls movement and sensation. Instruments used during childbirth can damage the brachial plexus, leading to shoulder dystocia and Erb’s Palsy.
• Brain/neurological injuries: Pressure on the skull or asphyxiation can cause lifelong neurological disabilities.
• Spinal cord injuries: Negligence from the doctor or staff can result in spinal cord damage and paralysis.
• Medication errors: Improper drugs or inappropriate dosages can harm the mother and fetus.
• Unreasonable delay in performing a C-section: Often, fetal distress can only be relieved by delivery through a cesarean section. A doctor who hesitates too long could be responsible for any resulting harm to the baby.
• Infections: Substandard hygiene in the hospital can expose the baby and mother to serious infections.

If your child’s birth injury was the result of medical malpractice, it may be possible to recover compensation from the medical providers or healthcare facility involved in the prenatal, delivery or postnatal care. A consultation with one of our medical malpractice lawyers can help you determine your options.

Why Birth Injuries Have Added Medical Complexity

Unlike medical malpractice claims involving adults, birth injuries are more complex due to a baby’s growth. The infant’s injuries can develop as they grow older, which is why doctors cannot simply address the issue with one solution.

Aside from that, parents have to wait months and years for specific symptoms that hinder the baby from achieving their developmental milestones. Matters become more intricate when you consider the child’s genetics, labor factors and healthcare provider negligence.

These three conditions exhibit the complexities of birth injury claims, and understanding them is vital.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE refers to a brain injury that infants suffer when their brain lacks oxygen. This causes brain cells to die quickly, but some may remain for days when blood flow reaches the child’s head. Unfortunately, the symptoms may not appear right after birth and may only surface throughout the years. This makes it difficult for doctors to know the full extent of the condition.

Cerebral Palsy

Determining whether an infant has cerebral palsy may take a long time. This condition is a group of neurological disorders that affect a child’s motor abilities. Usually, abnormal brain development and errors during delivery are the causes of cerebral palsy. Unfortunately, doctors cannot fully diagnose the child until the child has missed multiple growth milestones.

Brachial Plexus Injuries

When a baby’s shoulder gets stuck behind the mother’s pelvic bone or the doctor pulls too hard, it can injure the baby’s brachial plexus. This stretches the muscles in the neck and shoulders, causing weakness in the upper arm. The complexity lies in determining whether the injury was an unavoidable physical complication of labor or a mistake in delivery technique.

Because birth injuries involve multiple factors, negligence claims often demand high settlements. This involves calculating the cost of the child’s specific therapies, special education, home modifications and loss of future earning capacity.

Addressing How Trauma Arises In Delivery Rooms

Delivery rooms can be one of the most stressful environments in a hospital. Healthcare practitioners face high pressure, which can trigger a chain reaction of systemic failures that lead to a birth injury.

When panic sets in the room, medical professionals may commit obstetrical violence by forcing unnecessary procedures without obtaining your consent. This comes with a high risk of physical birth injuries, such as perineal tears on the mother’s uterus and an infant skull fracture.

The physical injury to a parent and child leaves psychological trauma. Bearing the weight of knowing a preventable injury can hinder your recovery. You do not only have to heal from physical pain but also face the consequences of emotional distress.

Common Points Of Negligence Of Hospital Delivery Teams

In birth injury cases, the focal point of your claim rests on proving negligence in the delivery room. You have to identify critical deviations from standard medical care. Common prevalent liability factors include:

• Misuse of pitocin: Excessive amounts of pitocin can cause uterine hyperstimulation, water intoxication and fetal distress.
• Improper fetal monitoring: Neglecting to monitor fetal heart rate strips results in acting upon clear signs of fetal distress that can escalate preventable injuries.
• Delayed C-section: Unnecessary delays in performing a C-section can deprive the baby of oxygen.
• Failing to consider maternal distress: Ignoring the mother’s concerns can lead to postpartum hemorrhage or a significant drop in blood pressure.

When providers ignore these critical medical standards, a joyful milestone can transform into preventable trauma.

The Legal Timelines Of Massachusetts And Vermont

Whether you are in Massachusetts or Vermont, learning the state’s statute of limitations on birth injuries is a must. If you miss them, you may no longer have the right to seek compensation for your and your child’s damages.

If you live in Massachusetts, the state enforces a three-year deadline for medical malpractice claims with a seven-year repose. This cap does not apply if the case involves a foreign object inside the body. However, if your child got injured before they turned six years old, you must file the lawsuit by the time they turn nine.

For Vermont, you must file a medical malpractice claim within three years from the incident or two years from discovery. The state also has a seven-year statute of repose, which applies to birth injury lawsuits.

How Can A Birth Injury Lawyer Help With My Case?

Hospitals and medical professionals are often reluctant to admit fault. They and their medical malpractice insurance provider may drag out their “investigation,” make a lowball settlement offer, and try other tactics to avoid compensating you fairly. Our attorneys know all the tricks. We will build a strong, evidence-based case and work diligently to pressure the defendants to settle your claim with reasonable compensation – or argue on your behalf in court if necessary. This maximizes the amount of damages our clients collect to pay for things like your child’s needed medical and home care.

Along with a better result, working with one of our attorneys can help your peace of mind. We will communicate with the insurance company and deal with court filings and other details on your behalf. You can focus on taking care of your family.

We Have The Experience To Handle Complex Medical Claims

For over 100 years, we at Donovan O'Connor & Dodig, LLP, have stood by victims and helped them navigate the burdens of birth injuries. We deeply understand the pain and trauma left after the delivery, and we want to be a pillar of support that provides the empathy and respect you deserve.

Seeking compensation for your child’s lifelong care can be a steep hill to climb. Aside from legal advice, our century-long legacy has built a plethora of resources and medical expertise you need to drive your point across in court.

Contact Us Now For A Free Initial Consultation

If your child has suffered a birth injury, our attorneys may be able to help. Please call us at 413-663-3200 in Massachusetts or 802-442-3233 in Vermont for a free initial consultation or contact us online. We have conveniently located offices and other meeting locations throughout Massachusetts and Vermont and regularly travel throughout the region to meet with clients.

All cases are handled on a contingent-fee basis – you will not pay attorneys’ fees unless we win compensation in your case.