Boston, MA Birth Injury Lawyer / Massachusetts Cerebral Palsy Attorney
Attorney Gil Hoy

Call Us Today at 617-787-3700.

Providing Excellent Legal Counsel to Clients Across Massachusetts.

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Call our Boston, MA Birth Injury Lawyer Experts Today at 617-787-3700 or Email Our Massachusetts Cerebral Palsy Attorney Specialists at if Your Child Suffered a Massachusetts Birth Injury as a Result of Massachusetts Medical Malpractice.

The birth of a child is one of life’s most exciting and wonderful events. When your baby is wrongfully injured by the negligence of another person, however, it can become one of the most tragic and frightening experiences of your life. We trust our Massachusetts medical providers to utilize their knowledge, skill and available technology to detect any potential problems and to make sure that the Massachusetts birthing process is carried out smoothly and properly. We count on our trained Massachusetts professionals to do the right thing. Unfortunately, accidents and mistakes happen all too often in our Massachusetts hospitals, resulting in minor Massachusetts injuries such as jaundice or bruising, to serious injuries to newborn babies or even Massachusetts wrongful death.

Massachusetts birth injuries can occur during or after birth, and have many causes, including:

  • A delay in ordering a cesarean section
  • Failure to properly respond to bleeding
  • Umbilical cord entrapment
  • Improper use of extractors or forceps
  • Negligent care of a newborn immediately following birth

Various injuries can arise before, during or after your child’s birth as a result of
Massachusetts medical malpractice, including:

  • Temporary Paralysis
  • A fractured collar bone
  • Fractured arms or legs
  • Brain Damage
  • Cerebral Palsy
  • Erb’s Palsy
  • Klumpke’s Palsy

Our Boston, MA Birth Injury Lawyer Specialists Are Available 24/7. Please Call Our Massachusetts Cerebral Palsy Attorney Experts Today at 617-787-3700.

Massachusetts Negligent Prenatal Care

Complications can arise when delivering an overweight or underweight baby. The shape and size of a mother’s pelvis can affect whether she is capable of a vaginal birth, or should, instead, receive a Cesarean section. Prolonged and difficult labor, known as “dystocia,” can result from a failure to properly determine the necessity for a C-section.

Massachusetts babies are more likely to experience injuries if they are born in the breech position, where their legs and buttocks are presented first. Such a delivery is inherently more difficult. The baby’s size, weight and position, as well as the mother’s pelvis size and shape, can be determined from a sonogram, which will be particularly helpful in complicated deliveries.

If a Massachusetts doctor negligently failed to identify any of these problems before delivery, and your baby was injured, the Massachusetts doctor may be liable for your child’s birth injuries. If you suspect that a Massachusetts doctor, or other Massachusetts health care professional, made a mistake with respect to the delivery of your baby, please call our expert Boston birth injury lawyers or Massachusetts wrongful death birth injury attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates today at 617-787-3700. Our help is only a phone call away.

Massachusetts Delivery Trauma

Excessive use of force during a Massachusetts delivery, or the misuse of forceps or vacuum extractors, may result in bruising or surface injuries. In more serious cases, these Massachusetts medical mistakes may cause permanent damage, such as Brachial plexus palsy, Erb’s palsy, cerebral palsy or mental retardation. A Massachusetts doctor’s failure to respond to fetal distress, including addressing umbilical cord entrapment or intubating a newborn requiring oxygen, may well constitute Massachusetts medical malpractice.

Cerebral Palsy

Cerebral Palsy is a devastating, permanent neurological disability caused by the deprivation of oxygen to the brain during pregnancy or during birth. Cerebral palsy affects brain and nervous system functions such as movement, learning, hearing, seeing and thinking. It is characterized by uncoordinated muscle movements, and may be identified when parents notice that their child is delayed in certain developmental functions such as sitting, rolling, walking or crawling. Symptoms can usually be identified within the first two years, and often as early as three months after birth. Although some cases of cerebral palsy are congenital, negligence before and during birth by Massachusetts doctors or nurses frequently causes cerebral palsy. A significant number of newborns with cerebral palsy are the result of asphyxia during the birthing process caused by the umbilical cord, depriving the child of oxygen and resulting in brain injury. Obtaining your child’s Massachusetts medical records can help determine if this is the case. Our expert Boston cerebral palsy medical malpractice lawyers are experts in determining whether your child’s cerebral palsy was the result of Massachusetts medical malpractice.

When you retain the services of our expert Boston, MA medical malpractice law firm, our Boston birth injury attorneys will first obtain all of your child’s medical records for you. We will then undertake a full and comprehensive review of these medical records in order to completely understand the nature and extent of your child’s injuries and the causes of the injuries.

Erb’s Palsy

Erb’s Palsy is a nerve injury affecting the shoulder area. Most cases involving Erb’s Palsy occur during the delivery process, and result in damage to the nerves which control the muscles in the shoulder area of the newborn. Most newborns affected by Erb’s Palsy are large at birth. Negligence by a Massachusetts doctor or nurse during the birthing process may be to blame for your child’s Erb’s Palsy.

If your child is suffering from Erb’s Palsy, please call our Boston Erb’s Palsy lawyer specialists today at (617) 787-3700 so that we can determine the cause of your child’s illness and whether or not you have a viable Massachusetts medical malpractice case.

Negligence After a Massachusetts Delivery

Improper care of an infant after birth can also constitute Massachusetts medical malpractice. Kernicterus, for example, a progressive type of brain damage, can develop in babies who suffer from untreated jaundice. In addition, some infants affected by birth injuries may not show symptoms until after birth. Cerebral Palsy symptoms, for example, can manifest at any time up to the first two years of an infant’s life.

Sadly, some Massachusetts birth injuries are unpreventable. However, when a Massachusetts medical provider is negligent or makes a medical error, they should be held responsible.

Proving a Massachusetts Birth Injury Case

In order to prevail in a Massachusetts birth injury case, the injured party has the burden
of proving:

  • The Standard of Care, namely the normal type of care and skill provided by the average doctor in similar circumstances.
  • Deviation from the standard, that is, the doctor failed to comply with the established standard of care.
  • Injury, namely that the child suffered an injury during, before or after birth.
  • Causation, that the injury sustained was caused by the doctor. In other words, had the doctor provided the necessary standard of care, the child would not have been injured.

In order to prevail in a Massachusetts birth injury lawsuit, the injured party must prove each of these elements.

Liability for Massachusetts Birth Injuries

Various individuals and entities may share liability for the injury of your child, including Massachusetts physicians and nurses for failing to provide the required standard of care. Hospitals, interns, technicians or nurses aids may also be named as responsible parties in your Massachusetts birth injury lawsuit. Manufacturers of medical products used during your pregnancy or during the delivery process may be liable for the injuries sustained by your child if these medical products resulted in injury. Medication manufacturers and pharmacists may also be responsible for injuries caused by medication taken during pregnancy or delivery if, for example, the injuries were the result of a Massachusetts medication error. Our expert team of Boston, MA birth injury attorneys will determine which parties may be subject to liability based upon the particular facts of your case.

Damages for Massachusetts Birth Injuries

Your child’s birth injury may entitle you to file a Massachusetts medical malpractice claim, a negligence claim, a Massachusetts product liability claim or a Massachusetts wrongful death claim. Parents and the affected child may be entitled to collect damages for the wrongful injury caused by a Massachusetts physician. Damages vary depending on your type of claim, but often include medical bills, personal pain and suffering experienced by the baby or mother, loss of companionship, attorney’s fees and the court costs associated with filing your claim.

Our experienced Massachusetts birth injury attorneys and Massachusetts birth injury wrongful death lawyers collaborate with a network of medical experts to evaluate your Massachusetts case and determine if you have a valid Massachusetts medical malpractice claim. Call our Massachusetts birth injury lawyers today at (617) 787-3700 for a free and confidential consultation where we will help you understand your rights and the strength of your case.

Our Boston, Mass birth injury attorneys and Boston, Mass birth injury wrongful death accident attorneys recognize the extreme emotional trauma experienced by families who are the victims of Massachusetts medical malpractice involving the birth of a child. When you choose one of our Massachusetts birth injury attorneys to represent you, you become part of our extended family. We treat our Massachusetts birth injury clients with dignity and compassion, providing emotional support, in addition to legal counsel. Our expert team of Boston birth injury lawyers takes great pride in representing the families of Massachusetts medical malpractice victims.

If you believe that your child suffered a Massachusetts birth injury or died as a result of a Massachusetts doctor or other Massachusetts medical caregiver’s negligence or mistake, you may have a legitimate Massachusetts medical malpractice claim. While no amount of money can erase the tragedy you have experienced, a successful Massachusetts medical malpractice claim can provide your family with financial compensation for your pain and suffering, medical bills and other expenses. It can also help pay for any future medical expenses, so that you can get the best care possible for your injured child. Let us put our experience and expertise to work for you.

Massachusetts law limits the time you have to file a Massachusetts medical malpractice claim, so call our Boston birth injury attorneys or Boston birth injury wrongful death attorneys today at (617) 787-3700 or email us at

The Massachusetts birth injury attorneys at our Boston, MA law firm have gained a national reputation for their knowledge and expertise in settling and trying before a jury complex Massachusetts birth injury claims. The Boston Globe has recognized many of the lawyers that are available to our clients through referral agreements as Boston’s Best Lawyers. Boston Magazine has recognized a number of our lawyers as Massachusetts Super Lawyers and New England Super Lawyers. Our