When a child is born with a congenital disability or birth injury, it can be a stressful time for a family. This scenario is especially true when the injury is the result of negligence on the part of hospital staff, a midwife, or any other medical professional. When should you consider hiring a birth injury lawyer?

What is a Birth Injury?

Birth injuries can occur for any number of reasons, but generally, they are the result of negligence on the part of a health care practitioner or provider. When negligence results in birth injuries, they are commonly known as “obstetrical malpractice”.

Obstetrical malpractice refers to any medical malpractice that relates to either childbirth or pregnancy. As obstetrical malpractice may occur at any point from the inception of a pregnancy through the birth of the child, there are many instances where negligence can occur. These negligent instances include:

• The failure to properly conduct or interpret genetic testing resulting in wrongful birth
• Mistakes in testing for injuries to the fetus
• The failure to properly manage gestational diabetes
• Misdiagnosis during the pregnancy
• Negligence during either labor or delivery
  • Delay or failure to deal with or alleviate any fetal distress
  • Failure to perform a timely C-section
  • Failure to deal with shoulder dystocia
  • Negligent administration of Pitocin or other medications
  • Inability to manage a premature delivery
  • Surgical negligence

Damages for Birth Injuries

Regardless of the nature of the medical negligence, or whether the onset of complications happened over time or suddenly, no mother should have to face the severe consequences of obstetrical malpractice.  When a person brings a claim of medical negligence against an OB/GYN, they must prove that the doctor strayed from the accepted standard of care owed to the patient. Also, this breach of duty must have directly resulted in the injuries or loss sustained by the patient or mother.  To legally pursue a claim in Massachusetts, a physician of the same specialty as that of the defendants must provide an affidavit swearing, under oath, that the care and treatment of the defendant fell well below the accepted standard of care.

How a Birth Injury Lawyer Can Help You Recover Some of What You Lost

As with all malpractice claims, the cases are incredibly hard-fought and expensive to pursue.  For these reasons, it is difficult to pursue a medical malpractice case unless the injuries are life-altering.  Successful claims can significantly assist a family in recovering much-needed medical costs and life care for their child, as well as monetary damages for the “pain and suffering” the child must endure their entire life due to the medical negligence and misdiagnosis of the defendant.

Consult an Experienced Massachusetts Malpractice Attorney Today

A birth injury has the power to change the life of a family in a split second. At the Shapiro Law Group, we have successfully represented many families who were the unfortunate victims of negligence during pregnancy or in childbirth.  We know the leading experts in many diverse medical fields, and we are well versed on both neo-natal medicine and the law, which is key to getting you the results you deserve.  

To get the proper compensation for birth injuries or other obstetrical errors, make sure you consult the Shapiro Law Group. In addition to medical bills and costs, you may be entitled to compensation for the pain and suffering you and your child have had to endure. Contact us today at (339) 309-1188 for a free consultation.

When a person is unable to make decisions for themselves about important decisions in their life, whether they be legal or financial, the courts may assign a guardian or protector to assist. This relationship between someone with an impairment and substitute adult is known as a “conservatorship” in Massachusetts. But what is a conservatorship and what rights do conservators have?

What is a Conservatorship?

A conservatorship is a legal concept in which the probate or family law court appoints a protector or legal guardian for a person who is deemed to suffer impairment to their faculties, either through a physical or mental ailment or the limitation or as a result of old age. The role of the conservator is to manage the affairs, both financially and legally, with the person under their care called their “ward”, or protected person.

What Rights Do Conservators Have?

As a protector of the ward, the conservator has significant rights over the protected person’s assets and needs. The conservator has the legal authority to collect, hold, and retain the assets of the protected person, as well as the ability to allocate those assets to pay off any debts or bills the ward may have.

While conservators have the right to handle the financial transactions and asset management for a protected person, under Massachusetts law they cannot allow the ward’s assets to co-mingle with their own, or flow through an account containing both party’s assets.  The conservator must segregate all assets into an account which reflects the legal standing of the relationship between the conservator and the protected person.

Additionally, conservators are not financially liable for a protected person in Massachusetts. While the conservator has legal control over the ward’s assets and financial dealings, the conservator does not have to worry about their assets or finances being used to settle accounts or debts for the protected person. This is why state law explicitly prohibits the co-mingling of accounts and assets.

Massachusetts law requires conservators to provide a full and thorough accounting of the ward’s assets, debts, and liabilities, as well as their tax filings each year. This process is to ensure that the conservator is adequately discharging their duties, and not taking advantage of the protected person. Such depositions may also require a doctor’s note, showing the mental incapacitation of the ward continues, and the conservatorship should remain intact.

Contact an Experienced Family Law Attorney Today

Massachusetts conservatorship and guardian law can be complicated. If you have questions or concerns about a loved one, or if you have been asked to be conservator, make sure you speak with an experienced family law attorney today. Make sure you contact the Shapiro Law Group. Our family law attorneys are versed in all facets of family and probate law, including conservatorships. Pick up the phone and call the dedicated Massachusetts family law and probate attorneys at Shapiro Law Group at 339-200-9933 today.