When a doctor, nurse, surgeon, obstetrician, gynecologist or another health care provider makes a mistake that a reasonably prudent practitioner would not have in the same or similar circumstances, this is known as medical negligence. When the individual knows that he or she is violating protocol and potentially putting a patient at risk but does so anyway, this is medical malpractice.
In Massachusetts, a family can file a civil lawsuit against a doctor or hospital for either type of tort in connection to a preventable birth injury. A birth injury lawsuit seeks to hold the negligent practitioner responsible and reimburse the plaintiff for his or her losses, which can include medical bills, lost wages, permanent disability, special needs or education, medication and medical devices, pain and suffering, and lost quality of life.
Proving a medical malpractice case requires evidence that the defendant more likely than not violated the medical standards of care and that this is what caused the child’s birth injury. An experienced Boston medical malpractice attorney can help you preserve and collect key evidence to support your birth injury claim.