Results: 12

Massachusetts Birth Injury Lawyers

  • Massachusetts,
  • Rhode Island
I'm Paul d'Oliveira, and my legal practice covers Asbestos & Mesothelioma, Maritime Law, Medical Malpractice, Nursing Home Abuse, Personal Injury, Products Liab...
  • Asbestos & Mesothelioma
  • Maritime Law
  • Medical Malpractic
  • +5
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
I'm Paul d'Oliveira, and my legal practice covers Asbestos & Mesothelioma, Maritime Law, Medical Malpractice, Nursing Home Abuse, Personal Injury, Products Liab...
  • Asbestos & Mesothelioma
  • Maritime Law
  • Medical Malpractic
  • +5
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
  • Massachusetts
As William D. Kickham Esq., my expertise in Asbestos & Mesothelioma, Construction Law, Consumer Law, Criminal Law, Domestic Violence, DUI & DWI, Insurance Claim...
  • Asbestos & Mesothelioma
  • Construction Law
  • Consumer Law
  • +13
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • Insurance Claims
  • Landlord Tenant
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Real Estate Law
  • Traffic Tickets
  • White Collar Crime
  • Workers' Compensation
As William D. Kickham Esq., my expertise in Asbestos & Mesothelioma, Construction Law, Consumer Law, Criminal Law, Domestic Violence, DUI & DWI, Insurance Claim...
  • Asbestos & Mesothelioma
  • Construction Law
  • Consumer Law
  • +13
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • Insurance Claims
  • Landlord Tenant
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Real Estate Law
  • Traffic Tickets
  • White Collar Crime
  • Workers' Compensation
  • Massachusetts,
  • California,
  • Michigan,
  • +1
  • New York
I'm Kelly M. Neumann Esq., and my legal practice covers Animal & Dog Law, Bankruptcy, Business Law, Civil Rights, Collections, Criminal Law, Divorce, Elder Law,...
  • Animal & Dog Law
  • Bankruptcy
  • Business Law
  • +15
  • Civil Rights
  • Collections
  • Criminal Law
  • Divorce
  • Elder Law
  • Employment Law
  • Environmental Law
  • Family Law
  • Insurance Claims
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
I'm Kelly M. Neumann Esq., and my legal practice covers Animal & Dog Law, Bankruptcy, Business Law, Civil Rights, Collections, Criminal Law, Divorce, Elder Law,...
  • Animal & Dog Law
  • Bankruptcy
  • Business Law
  • +15
  • Civil Rights
  • Collections
  • Criminal Law
  • Divorce
  • Elder Law
  • Employment Law
  • Environmental Law
  • Family Law
  • Insurance Claims
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
  • Massachusetts,
  • New Hampshire
As Robert S. Stephen, my expertise in Employment Law, Insurance Claims, Medical Malpractice, Personal Injury, Products Liability, Social Security Disability, Wo...
  • Employment Law
  • Insurance Claims
  • Medical Malpractic
  • +4
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
As Robert S. Stephen, my expertise in Employment Law, Insurance Claims, Medical Malpractice, Personal Injury, Products Liability, Social Security Disability, Wo...
  • Employment Law
  • Insurance Claims
  • Medical Malpractic
  • +4
  • Personal Injury
  • Products Liability
  • Social Security Disability
  • Workers' Compensation
  • Massachusetts,
  • Florida,
  • Rhode Island
My name is David Tapalian, and I specialize in Medical Malpractice, Nursing Home Abuse, Personal Injury, Workers' Compensation. Working across Florida, Massachu...
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • +1
  • Workers' Compensation
My name is David Tapalian, and I specialize in Medical Malpractice, Nursing Home Abuse, Personal Injury, Workers' Compensation. Working across Florida, Massachu...
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • +1
  • Workers' Compensation
  • Massachusetts
I'm Reza Breakstone, and my legal practice covers Appeals & Appellate, Arbitration & Mediation, Business Law, Insurance Claims, Legal Malpractice, Medical Malpr...
  • Appeals & Appellate
  • Arbitration & Mediation
  • Business Law
  • +6
  • Insurance Claims
  • Legal Malpractice
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
I'm Reza Breakstone, and my legal practice covers Appeals & Appellate, Arbitration & Mediation, Business Law, Insurance Claims, Legal Malpractice, Medical Malpr...
  • Appeals & Appellate
  • Arbitration & Mediation
  • Business Law
  • +6
  • Insurance Claims
  • Legal Malpractice
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Massachusetts,
  • Rhode Island
I'm Ronald J. Resmini, and my legal practice covers Asbestos & Mesothelioma, Medical Malpractice, Personal Injury, Workers' Compensation. Working across Massach...
  • Asbestos & Mesothelioma
  • Medical Malpractic
  • Personal Injury
  • +1
  • Workers' Compensation
I'm Ronald J. Resmini, and my legal practice covers Asbestos & Mesothelioma, Medical Malpractice, Personal Injury, Workers' Compensation. Working across Massach...
  • Asbestos & Mesothelioma
  • Medical Malpractic
  • Personal Injury
  • +1
  • Workers' Compensation
  • Massachusetts
My name is Andrew Brodie, and I specialize in Civil Rights, Consumer Law, Criminal Law, Medical Malpractice, Nursing Home Abuse, Personal Injury, Products Liabi...
  • Civil Rights
  • Consumer Law
  • Criminal Law
  • +4
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
My name is Andrew Brodie, and I specialize in Civil Rights, Consumer Law, Criminal Law, Medical Malpractice, Nursing Home Abuse, Personal Injury, Products Liabi...
  • Civil Rights
  • Consumer Law
  • Criminal Law
  • +4
  • Medical Malpractic
  • Nursing Home Abuse
  • Personal Injury
  • Products Liability
  • Massachusetts,
  • Vermont
I'm David Reid, and my legal practice covers Criminal Law, Divorce, DUI & DWI, Insurance Claims, Medical Malpractice, Personal Injury. Working across Massachuse...
  • Criminal Law
  • Divorce
  • DUI & DWI
  • +3
  • Insurance Claims
  • Medical Malpractic
  • Personal Injury
I'm David Reid, and my legal practice covers Criminal Law, Divorce, DUI & DWI, Insurance Claims, Medical Malpractice, Personal Injury. Working across Massachuse...
  • Criminal Law
  • Divorce
  • DUI & DWI
  • +3
  • Insurance Claims
  • Medical Malpractic
  • Personal Injury
  • Massachusetts
I'm Melissa DiBenedetto, and my legal practice covers Family Law, Landlord Tenant, Medical Malpractice, Personal Injury, Real Estate Law. Working across Massach...
  • Family Law
  • Landlord Tenant
  • Medical Malpractic
  • +2
  • Personal Injury
  • Real Estate Law
I'm Melissa DiBenedetto, and my legal practice covers Family Law, Landlord Tenant, Medical Malpractice, Personal Injury, Real Estate Law. Working across Massach...
  • Family Law
  • Landlord Tenant
  • Medical Malpractic
  • +2
  • Personal Injury
  • Real Estate Law
  • Massachusetts
My name is Andrew Fischer, and I specialize in Business Law, Civil Rights, Consumer Law, Medical Malpractice, Personal Injury, Products Liability. Working acros...
  • Business Law
  • Civil Rights
  • Consumer Law
  • +3
  • Medical Malpractic
  • Personal Injury
  • Products Liability
My name is Andrew Fischer, and I specialize in Business Law, Civil Rights, Consumer Law, Medical Malpractice, Personal Injury, Products Liability. Working acros...
  • Business Law
  • Civil Rights
  • Consumer Law
  • +3
  • Medical Malpractic
  • Personal Injury
  • Products Liability
  • Massachusetts
My name is John T. Martin, and I specialize in Civil Rights, Criminal Law, Medical Malpractice, Personal Injury, Products Liability. Working across Massachusett...
  • Civil Rights
  • Criminal Law
  • Medical Malpractic
  • +2
  • Personal Injury
  • Products Liability
My name is John T. Martin, and I specialize in Civil Rights, Criminal Law, Medical Malpractice, Personal Injury, Products Liability. Working across Massachusett...
  • Civil Rights
  • Criminal Law
  • Medical Malpractic
  • +2
  • Personal Injury
  • Products Liability

The joy of welcoming a new baby can sometimes take an unexpectedly tragic turn when birth injuries occur. In Massachusetts, the legal framework surrounding birth injuries provides families a means to seek compensation and justice with the help of a Massachusetts birth injury attorney.

In this article, we will explore the birth injury system in Massachusetts, key aspects to understand, and the critical role a birth injury attorney Massachusetts plays in navigating these emotionally charged cases.

Overview of the Birth Injury System of Massachusetts

Birth injuries range widely from minor, temporary conditions to severe, lifelong disabilities. Birth injuries in Massachusetts are defined as harm or injury to a newborn resulting from medical malpractice or negligence during labor and delivery. The legal system allows parents to file a lawsuit on behalf of their child to seek damages for medical expenses, pain and suffering, and other related costs with the assistance of Massachusetts birth injury attorneys.

What constitutes a birth injury?

Birth injuries can include, but are not limited to:

  • Brachial plexus injuries (such as Erb's palsy);
  • Cerebral palsy;
  • Hypoxic-ischemic encephalopathy (HIE);
  • Fractures;
  • Injuries from vacuum or forceps delivery.

Understanding the difference between a birth injury and a birth defect is also crucial, especially when seeking legal guidance from birth injury lawyers in Massachusetts. A birth defect is generally a condition that develops before birth and is not caused by the birthing process, whereas a birth injury is the result of complications during delivery.

Key Aspects of Birth Injury in Massachusetts

When considering a birth injury case in Massachusetts, it's essential to understand the following key aspects.

Statute of limitations

In Massachusetts, the law stipulates a statute of limitations during which a birth injury lawsuit can be filed with the help of birth injury lawyers Massachusetts. This term is three years from the date of the harm or when it should have been properly found in most medical negligence cases, including birth injuries. However, for minors, the statute of limitations does not begin until the child turns 18, giving them until age 21 to file a claim.

Elements of proof

To have a viable birth injury case, specific elements must be proven:

  • Duty of care: The healthcare provider had a duty of care towards the child.
  • Breach of responsibility: The healthcare provider's actions or inactions constitute a breach of that responsibility.
  • Causation: That the breach of duty caused the injury.
  • Damages: The injury resulted in damages (e.g., medical expenses, pain and suffering).

Comparative negligence

Massachusetts follows a "modified comparative negligence" rule. This means that if it is found that the injured party (or, in this case, the parents on behalf of the infant) was also negligent, any compensation received will be reduced by the percentage of their fault, as long as it is not over 51%. It's important to consult with a birth injury attorney in Massachusetts to understand how this may apply to your specific case.

The Role of a Birth Injury Attorney in Massachusetts

One of the pivotal roles a Massachusetts birth injury lawyer plays is conducting an expert evaluation of the case. This involves a comprehensive review of the incident to ascertain if it fulfills the required elements of proof. Birth injury lawyer Massachusetts consults with medical experts to validate the claim of medical malpractice and help gather the necessary medical records and evidence. This in-depth investigation is crucial to establishing a credible case.

On the legal front, your birth injury lawyer in Massachusetts is your representative in court and during any negotiations with the other party. Their advocacy and legal expertise are key in navigating through the often complex processes of law. They fight tirelessly to secure rightful compensation for the harmed party, ensuring all legal procedures and protocols are meticulously followed.

However, the scope of work of a birth injury attorney does not end with legalities. These cases are often emotionally challenging and draining for the affected families. An empathetic and understanding birth injury attorney Massachusetts near me can offer much-needed emotional support during these trying times. They understand the delicate nature of birth injury cases and provide compassionate guidance, offering legal advice and emotional support.

Is It Worth Hiring a Birth Injury Attorney?

Given the legal complexities and the emotional toll of birth injury cases, seeking the professional assistance of a birth injury attorney well-versed in Massachusetts law is invaluable. A birth injury lawyer Massachusetts near me has become not just a legal representative but also a pillar of support, ensuring that you and your family's rights and best interests are protected.

When faced with a birth injury, securing the best possible outcomes for your child's future is paramount. Have you considered all the ways a specialized birth injury attorney can assist you in navigating your case in Massachusetts? By partnering with the best birth injury attorney Massachusetts, you become equipped with legal expertise and the advocacy necessary to address the full extent of your child's needs now and into the future.