Birth Injury Lawyer in Massachusetts

Was Your Baby or a Family Member Harmed by a Preventable Medical Error During Childbirth in Massachusetts?

In Massachusetts, when a preventable medical error during labor and delivery causes harm to a baby or mother, the family may be entitled to compensation for all past and future medical expenses, lifetime care costs, lost earning capacity, and pain and suffering through a birth injury medical malpractice claim. These cases require specialized obstetric expert testimony, careful review of fetal monitoring records, and thorough investigation of every decision made during labor. Attorney Jeffrey C. Lavey has been representing Massachusetts families in birth injury malpractice cases with the thoroughness and compassion these cases demand for over 37 years.

All consultations are free and completely confidential. There are no fees unless Attorney Lavey wins your case.

What Types of Birth Injuries Does Attorney Lavey Handle?

Attorney Lavey represents families whose children suffered birth injuries caused by medical negligence, including:

• Cerebral palsy: often caused by oxygen deprivation (hypoxia) during labor or delivery, frequently linked to failure to respond to fetal distress or a delayed C-section decision
• Brachial plexus injuries and Erb’s palsy: nerve damage to the shoulder, arm, and hand caused by excessive traction during delivery
• Hypoxic-ischemic encephalopathy (HIE): brain damage caused by inadequate oxygen and blood flow during birth
• Shoulder dystocia injuries: when the baby’s shoulder becomes stuck after head delivery and providers fail to respond properly
• Skull fractures and intracranial hemorrhage: from improper use of forceps or vacuum extractor during delivery
• Spinal cord injuries: from excessive force or improper positioning during delivery
• Wrongful death of a newborn or mother: Attorney Lavey handles these tragic cases with the sensitivity they require
• Maternal birth injuries: severe perineal tears, uterine rupture, postpartum hemorrhage, and other injuries caused by negligent obstetric care

What Medical Errors Lead to Birth Injuries?

Many birth injuries are the direct result of preventable medical errors by the obstetric team:

• Failure to recognize and respond to fetal distress. Abnormal fetal heart rate patterns require prompt evaluation and intervention. Delayed response can cause oxygen deprivation and permanent brain damage.
• Delayed decision to perform an emergency C-section. When vaginal delivery becomes dangerous for the baby or mother, the decision to perform a cesarean must be made promptly. Delays can be catastrophic.
• Improper use of forceps or vacuum extractor. These delivery tools require precise technique. Improper application can fracture the skull, damage nerves, or cause intracranial bleeding.
• Failure to properly monitor fetal heart rate. Continuous electronic fetal monitoring during labor is the standard of care. Failure to monitor or respond to the data can result in devastating injury.
• Medication errors during labor. Pitocin and other labor-inducing medications must be administered carefully. Overdose can cause hyperstimulation leading to fetal distress.
• Mismanagement of umbilical cord complications. Prolapsed cord and nuchal cord require immediate recognition and response.

How Are Birth Injury Cases Different From Other Malpractice Cases?

Birth injury cases present unique challenges that require specialized expertise at every level:

Expert requirements. These cases require qualified experts in obstetrics, neonatology, and the specific conditions involved, cerebral palsy specialists, pediatric neurologists, and in some cases neonatal intensive care experts. Attorney Lavey works with the right specialists for every case.

Lifetime damages. A child with cerebral palsy, Erb’s palsy, or HIE may require decades of medical treatment, occupational therapy, physical therapy, speech therapy, adaptive equipment, specialized education, and eventually adult residential care. Calculating the full lifetime cost of care requires working with life care planners, medical experts, and economic consultants. Attorney Lavey builds this comprehensive picture in every birth injury case.

Procedural requirements. Like all Massachusetts medical malpractice cases, birth injury claims must satisfy specific procedural requirements before a lawsuit can be filed, including notice to providers and the medical malpractice tribunal process. Attorney Lavey manages every step carefully from the outset.

What Compensation Can a Birth Injury Case Recover?

• All past and future medical expenses: everything from the NICU through decades of ongoing treatment, therapy, and care
• Cost of long-term care and residential services: for children who will require lifelong support
• Adaptive equipment and home modifications: wheelchairs, communication devices, home accessibility modifications
• Lost future earning capacity: the income the child would have earned but for the injury
• Pain and suffering: the child’s physical pain and the family’s emotional suffering
• Parental loss of consortium: the impact of the child’s injury on the family

How Does Attorney Lavey Approach a Massachusetts Birth Injury Case?

Birth injury cases require a specific, methodical approach from the very beginning:

Records collection. Attorney Lavey obtains the complete labor and delivery records, including fetal monitoring strips, nursing notes, operative reports, anesthesia records, and neonatal records, which form the evidentiary foundation of the case. These records must be preserved and secured early.

Expert review. Qualified obstetric and neonatal experts review the records to assess whether the providers met the standard of care and whether any deviation caused the child’s injury. Without a supportive expert opinion, a birth injury case cannot proceed.

Life care planning. For children with cerebral palsy, HIE, Erb’s palsy, or other permanent conditions, a certified life care planner develops a comprehensive projection of the child’s lifetime medical, therapeutic, educational, and personal care needs. This document is the foundation of the damages case.

Economic analysis. An economic expert calculates the present value of lifetime care costs, the child’s lost future earning capacity, and other economic losses to produce a total damages figure supported by expert testimony.

Pre-suit notice and tribunal. Massachusetts requires specific procedural steps before a malpractice lawsuit can be filed. Attorney Lavey manages every step of this process, including the medical malpractice tribunal presentation.

What Mistakes Should Families Avoid in a Birth Injury Case?

• Assuming there is plenty of time. While Massachusetts law provides extended time limits for claims involving children, waiting can allow critical evidence to become unavailable. Fetal monitoring strips and other records have specific retention requirements. Families should consult Attorney Lavey as soon as they suspect a preventable birth injury.
• Accepting the hospital’s explanation without independent review. Hospitals have a strong institutional interest in attributing bad outcomes to unavoidable causes. An independent medical expert review may reach an entirely different conclusion.
• Signing any documents from hospital risk management. Risk management departments exist to protect the institution. Never sign any document they present without first consulting Attorney Lavey.
• Underestimating lifetime care costs. Many families are focused on immediate medical needs and do not fully account for decades of therapy, adaptive equipment, educational support, and adult care services. A life care planner retained by Attorney Lavey ensures every lifetime need is captured.

Frequently Asked Questions About Birth Injury Cases in Massachusetts