Submitted by Turnertown on Wed, 06/10/2009 - 09:03
Do Massachusetts courts recognize malpractice liability when babies are injured during the birth process? Or is that considered a normal risk of childbirth?
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Editor's Response
Yes, Massachusetts courts recognize a cause of action for what is sometimes called "birth trauma." Birth trauma can take many forms, but, as in any medical malpractice case, the plaintiff would have to show that the doctor acted negligently. For example, one of the more common injuries to the baby during birth is damage to the shoulder, arm, or related nerves caused by the shoulder getting caught behind the pubic bone of the mother. A plaintiff might argue that the doctor was negligent because she failed to recognize that the size of the baby made a natural birth problematic and should have recommended a Cesarean birth. Please tell your friends about The Forum.