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Birth injury among medical malpractice issues in Massachusetts

On behalf of posted in Medical Malpractice on Thursday December 3, 2015

The birth of a baby is typically an exciting and joyful occasion for Massachusetts parents waiting to welcome a child into the world. However, doctor or nursing negligence can result in errors that cause birth injuries which turn a joyful occasion into a tragic event. In the aftermath of such incidents, grounds may exist for filing a medical malpractice lawsuit in a civil court.

In 2013, a baby boy was born at an Army medical center. A certified nursing midwife was the primary caregiver during delivery. The parents have since filed a legal claim asserting that the midwife’s negligence and inappropriate actions during an urgent situation led to their child’s permanent and disabling injury.

During the birth, the boy’s shoulder became lodged in the birth canal. Medical protocol stipulates a certain type of maneuver to be applied in such situations in order to safely dislodge the baby’s limb, allowing passage through the birth canal unharmed. However, the parents who have filed the lawsuit claim that the nursing midwife failed to act appropriately, thereby causing their son to suffer severe brachial plexus injury to his left arm.

To date, the child has no motor function in his arm at all. Though this incident occurred in Texas, Massachusetts parents may have experienced similar situations during the birth of a child. If a parent believes that their infant’s injury was the result of medical malpractice, a legal claim filed in a civil court on the child’s behalf may be an appropriate measure of financial relief.

Source:, “Birth Injury at Army Medical Center Prompts Malpractice Suit“, Ava Lawson, Nov. 19, 2015

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