Birth Injuries

The birth of an infant is an experience unlike any other for a family. Sadly though, not all babies are born healthy—and not all mothers give birth without harm. In the event a pregnancy and/or birth are not carried out properly, the baby or mother can suffer injuries, and the baby can suffer birth defects. Injuries or defects can last long term, even an entire lifetime, and cause tremendous stress for the affected family.

Birth injuries/defects to an infant include brain injuries, broken bones, spinal injuries, forceps injuries, infections, cerebral palsy, Erb’s palsy, eclampsia, pre-eclampsia and more. Often, these tragic incidents are the result of medical malpractice. With just the slightest mistake in the care of a mother and her baby during pregnancy and birth, there can be a lasting negative effect, including death. Neurological disorders, such as the ones listed below, are especially a risk in an improper pregnancy or birth.

Cerebral Palsy

Cerebral palsy is an umbrella term for any neurological disorder. The majority of cerebral palsy cases stem from pregnancies and births. Brain bleeding or lack of oxygen are common causes for the condition. The necessary costs to care for a child born with the disease are often overwhelming. When it is discovered negligence may have led to the condition, you have an opportunity to recover these expenses.

Erb’s Palsy

This condition affects the baby’s arms as the nerves in the shoulders are damaged. A baby can suffer from a loss of arm movement or muscle weakness. Erb’s palsy may require surgery to restore a proper nerve system. Improper care by prenatal health professionals can lead to this condition.


This disorder affects the pregnant woman, often causing seizures. Eclampsia can lead to a premature birth, or even a stillbirth or miscarriage (the fetus dies in the uterus.) A poor diet or genetics have been linked to eclampsia. Pre-eclampsia is an earlier stage of the disorder and can result in high blood pressure and weight gain.

It is important for healthcare professionals to detect any of these conditions early. However, that’s not always the case, and unfortunately, the baby and/or mother can suffer long term, and even lead to death.

As these cases typically involve insurance companies, hospitals and doctors, it can be an expensive battle when you file a claim for a birth injury. However, by knowing your rights in the state of Massachusetts, you can submit a claim with confidence and work toward recovering compensation for damages you and your family have suffered.

Whether the birth injury or defect is physical or neurological, you can seek to recuperate damages such as medical costs and pain and suffering. Medical expenses that may result from the improper pregnancy and birth tend to be high. In these types of cases, costs quickly add up from necessary doctor visits, home and vehicle modifications and physical therapy sessions.

Have you or a loved one been the victim of a birth injury? The Law Office of Frank Fernandez can help you file a claim and recover the appropriate damages. Contact us here or call 617-393-0250 today for a free consultation.