What Are Your Legal Options After a Birth Injury in Springfield, MA?

The day your child is born should be a celebration, but all too often the negligence of medical professionals transforms it into a harrowing experience. If your baby suffered a birth injury, you are probably facing significant medical bills as well as emotional anguish over what your child is going through. So, what are your legal options after a birth injury in Springfield, MA?

At Cava Law Firm, our skilled team of personal injury lawyers has helped families throughout Massachusetts receive compensation after medical professionals breached their duty of care. If you are facing the aftermath of a birth injury, we can guide you on taking the next steps forward.

Contact Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) to learn more about how our team can help with your birth injury case today. 

Is it Medical Malpractice?

Understanding Whether Someone Is Liable

Our personal injury lawyers always remind clients that not all birth injuries are the result of malpractice. Sometimes, things go wrong during birth, or even during gestation, and no one is to blame. There can also be unsuccessful medical treatments, and those are not necessarily malpractice.

Instead, medical malpractice occurs when a provider deviates from the standard level of care and fails to provide adequate treatment to their patient. In birth injury claims, this can occur during gestation, labor, or right after the birth.

For an injury to be legally considered as being caused by medical malpractice in Massachusetts, there are some key elements that you must establish first. As with other personal injury claims, you have to show that the defendant owed your child a duty of care. You can do this by demonstrating that there was a patient-physician relationship.

The next part is often the most complex in malpractice claims, because it requires showing that the medical professional was negligent. In regular personal injury claims, you would have to prove that any reasonable person would not have behaved in the same manner as the defendant. During medical malpractice claims, however, you have to show that other reasonably competent physicians would not have made the same choices. Usually, this means that you will have to get help from other medical professionals who can testify on your behalf.

Proving negligence is not enough, however. You also have to demonstrate that the defendant’s conduct directly caused your child’s injuries and that this resulted in losses that can be compensated. None of this is easy to do, especially when you are dealing with an injured baby. That is why hiring a personal injury lawyer is essential for birth injury cases.

How a Birth Injury Lawyer Can Help

To pursue the legal options you have after a birth injury, you need experienced lawyers who can guide you through the process. You can expect your lawyer to perform a number of services.

Assess Your Claim

You do not want to spend time and energy filing a claim only to realize it is not a viable one. That can sometimes occur if you do not have someone with experience looking through the facts to understand whether medical negligence took place. With our team helping you, you can receive a clear understanding of whether you have a claim.

Not only that, but you will also find out whether there are more liable parties. Hospitals and clinics that employ people with inexperience, a previous malpractice record, or who just are not qualified to provide care to patients might also be responsible.

Investigate the Incident

The next step that your lawyer may take to pursue the claim is to start investigating the incident and gathering evidence. Our team can gather medical records and eyewitness statements to start painting a picture of why your baby suffered an injury. We can also rely on our professional witnesses to offer insight into whether the defendant acted as they should have done according to standard care practices, or if they deviated from them.

Negotiate With Insurers

When you file a case against a medical professional, you can expect them to have a robust team of lawyers ready to repudiate the claim. You need to have a team behind you, too, because negotiating with insurers and offering counterarguments to whatever the defendant’s lawyers will say can be very difficult. Our team has years of experience helping others through all kinds of medical malpractice claims, so we know how to negotiate effectively.

We can aggressively fight for the compensation you deserve and ensure that insurers are negotiating fairly. Often, people are so overwhelmed by knowing their child has an injury and by the medical expenses that just keep piling up that they accept the first settlement offer. This is typically not a good idea. When we are by your side, we can help you receive significant compensation for your child.

Litigate in Court

Sometimes, insurers refuse to cooperate. They may not accept that negligence occurred, or they may be bluffing in the hope that you will take a lower settlement. If you are not getting the offer you deserve, we can take the case to court. In court, we can present evidence that demonstrates negligence occurred. Keep in mind that this is a civil action, so we only need a preponderance of evidence to move forward. We do not need to prove anything beyond a reasonable doubt.

Provide Support

Going through the claims process alone can be a tough experience. You need legal and moral support, and your lawyer can offer both. You will know there is someone who can answer your questions and provide encouragement when you need it most. We know how stressful such a situation can be, so you can count on us to support you every step of the way.

Contact Cava Law Firm After a Birth Injury

Get Guidance From Dedicated Lawyers

Whether your child has suffered acute nerve injuries or a permanent injury like cerebral palsy, our team of personal injury lawyers can help you pursue the justice you deserve. We are committed to providing compassionate representation to all of our clients while aggressively defending their rights.

Winning is no accident with Cava Law Firm. Schedule a free consultation by calling (413) 737-3430 or (413) 781-CAVA (2282) today.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]