Massachusetts Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

A Massachusetts birth injury lawyer can help families with children that developed cerebral palsy, Erb’s palsy, or another serious condition due to careless doctors. Your lawyers will work to secure financial compensation to pay for your child’s lifetime of treatment costs. See if you can work with a Massachusetts birth injury attorney today.

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Working With a Birth Injury Lawyer in Massachusetts

A birth injury lawyer is a type of personal injury attorney who specializes in birth trauma. Massachusetts birth injury attorneys strive to win money so families can cover costs associated with a birth injury.

Birth injury lawyers will work hard to take the stress out of filing a lawsuit. Massachusetts birth injury lawyers can collect evidence, file a lawsuit on your behalf, and represent you in the court of law.

The projected lifetime treatment costs for a child with cerebral palsy is roughly $1 million, according to the Centers for Disease Control and Prevention (CDC).

Your child may need several types of treatment to manage their condition and symptoms. These treatment options may include medication, surgery, adaptive equipment, mobility aids, and different forms of therapy. Legal compensation secured by a lawyer can help you afford medical care and more.

We have helped families near you.

Our partner law firms can work with families in the following Massachusetts areas:

  • Amesbury
  • Attleboro
  • Barnstable
  • Bedford
  • Boston
  • Brockton
  • Cambridge
  • Canton
  • Lincoln
  • Lowell
  • Lynn
  • Marlborough
  • New Bedford
  • Norwood
  • Pittsfield
  • Quincy
  • Reading
  • Springfield
  • Worcester
  • Other cities

If you believe your child suffered a birth injury due to medical negligence, you may be eligible for compensation. You do not need a formal birth injury diagnosis to get a free case review. Speak with one of our experienced nurses to see if negligence is to blame for your child’s injury.

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Birth Injuries and Medical Negligence

Birth injuries are often caused by preventable medical mistakes during childbirth, also referred to as medical negligence. These costly errors made by medical professionals in the delivery room can have long-lasting consequences for the child.

Some situations that may be considered medical negligence include:

  • Improperly using a vacuum extractor or forceps delivery tool
  • Not performing a C-section (cesarean section) in a timely manner
  • Not detecting symptoms of fetal distress, such as abnormal heart rate
  • Not detecting or treating oxygen deprivation (hypoxia)
  • Using excessive force when the child is being pulled out of the birth canal

All of the actions listed above can cause irreversible birth injuries. You may be able to work with a Massachusetts birth injury attorney if your child suffered an injury caused by negligence during childbirth.

Types of Cases Massachusetts Birth Injury Attorneys Work On

Many birth injuries can stem from medical negligence. These injuries can differ in severity and type for each child.

Massachusetts birth injury lawyers can handle cases involving:

If your child suffered any of the injuries listed above, you may be able to file a birth injury lawsuit. Get a free consultation today to see if you can work with a Massachusetts birth injury attorney.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

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Notable Birth Injury Settlements in Massachusetts

Birth injury medical cases are concluded by either a settlement agreement or a trial verdict.

Most birth injury claims are resolved through a settlement, which involves the doctor and/or hospital being sued (defendants) paying a lump sum of compensation to the family suing (plaintiffs). The lawsuit will conclude once a settlement agreement has been reached.

According to a study from the TDC Group, medical malpractice cases involving children under one month old typically pay out almost $1 million.

Cases that do not settle out of court will move on to the trial phase. During a trial, a judge or jury will listen to both legal teams and determine a winner. If you do not win your case during a trial, you will not get any compensation.

Top Massachusetts birth injury lawyers prefer settlements since trials can be risky and time-consuming.

Notable Massachusetts settlements and verdicts include:

  • $29.9 million verdict for medical malpractice leading to a birth injury
  • $7.75 million settlement for delayed delivery, diagnosis, and treatment
  • $6.25 million settlement for delayed delivery that led to a brain injury
  • $3 million settlement for delayed childbirth leading to a brain injury

When to File a Lawsuit in Massachusetts

If you believe your child’s birth injury was a result of medical malpractice, it is important to contact a Massachusetts birth trauma lawyer as soon as possible. You only have a limited time to file your lawsuit.

Laws called statutes of limitations place limits on how much time you have to file a personal injury lawsuit. These timeframes can vary based on the state you live in.

MA Statute of Limitations for Birth InjuriesMA Statute of Limitations for Infant Wrongful Death
3 years3 years

It is crucial to work with a Massachusetts birth injury attorney – even if your child has not been formally diagnosed. A specialized medical malpractice lawyer can help you find out what caused your child’s condition and if you qualify to file a claim.

If you miss the deadline for the Massachusetts statute of limitations, you will no longer be able to file a lawsuit.

For best results, check with a lawyer even if you think the statute of limitations has passed in your case. Although you generally are not allowed to file after the statute of limitations has expired, there may be other compensation options available.

Get a free case review to get connected with a Massachusetts birth injury lawyer today.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Get Help from Birth Injury Lawyer in Massachusetts

Doctors, nurses, and other health care providers have years of experience and training to deliver babies safely. Negligent medical professionals must be held responsible for their actions.

Children that suffer from birth injuries often require lifelong — and expensive — treatments. You should not be responsible to pay for your child’s medical expenses if their injury could have been prevented by doctors.

If you believe your child’s birth injury was caused by medical negligence, see if you can work with a Massachusetts birth injury lawyer. Get a free case review today to learn if you are eligible for compensation.

Massachusetts Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Massachusetts?

The statute of limitations for birth injury medical malpractice and infant wrongful death claims is 3 years.

Contact a lawyer as soon as you suspect your child’s injury was preventable. You may lose the opportunity to sue once the deadline has passed if you wait too long.

How much do Massachusetts birth injury lawyers cost?

Experienced Massachusetts birth trauma lawyers should come at no cost to you. The best birth injury attorneys work on a contingency fee basis and do not charge any upfront costs.

Your lawyer will only take a percentage of the money they secure for you at the end of the case.

How do I know if my child’s birth injury was caused by medical negligence?

The best way to find out if your child’s condition was caused by negligence is to consult with a Massachusetts birth injury attorney. A lawyer can assess your specific case and see if preventable medical errors caused your child’s injury.

Get a free case review today to see if your family is eligible for financial compensation.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Centers for Disease Control and Prevention. (2022, May 2). Data and statistics for cerebral palsy. Retrieved June 29, 2024, from https://archive.cdc.gov/www_cdc_gov/ncbddd/cp/data.html
  2. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved June 29, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/