Rhode Island Birth Injury Lawyer
Birth injuries can result in debilitating and life-long consequences. All too often, birth injuries are the result of negligent medical care. Our experienced Rhode Island birth injury lawyers help families stand up to powerful hospitals and doctors, fighting to secure financial justice for their children’s devastating birth trauma.
- Updated date:
- September 1, 2023
There’s nothing more beautiful—or terrifying—than bringing a new child into the world. As expectant parents, you trust your medical team to help you navigate the potential challenges of pregnancy, labor, and delivery. Unfortunately, simple medical mistakes can cause birth injuries that fundamentally change the course of a child’s life.
If you or your child suffered an injury before, during, or shortly after birth in Rhode Island, call Marasco & Nesselbush. Your family may be entitled to compensation, and our Rhode Island birth injury lawyers can help you fight to maximize your financial recovery.
Since 1999, our award-winning Rhode Island litigators have been challenging negligent doctors, hospitals, and medical providers, fighting to hold them accountable for their mistakes and missteps. We’ve helped devastated families assert their rights, demand justice, and recover over $100 million in life-changing settlements in the process.
Let us help you make the most of your birth injury claim. Contact us at one of our Rhode Island law offices, conveniently located in Providence, Wakefield, Warwick, and Woonsocket, to schedule a free consultation.
How Common Are Birth Injuries In Rhode Island?
Thousands of newborn children and their mothers suffer avoidable injuries during pregnancy, labor, and birth every year.
It’s estimated that for every 1,000 live births in the United States, six to eight babies will suffer a birth injury.
This means that with more than 10,000 babies born in Rhode Island annually, at least 70 children could be injured at birth.
What Causes Birth Injuries In Rhode Island?
While some injuries are unavoidable, most birth injuries are largely a consequence of OB-GYN negligence.
Medical negligence, or medical malpractice, refers to a health care provider’s mistake, lapse of judgment, or recklessness that causes an injury or death.
Some of the most common causes of birth injuries include:
- Failing to monitor the child before, during, and immediately after birth
- Failing to identify a high-risk pregnancy
- Failing to order a timely C-Section
- Improper use of medications, including Pitocin, Demerol, Stadol, and opioids
- Failing to recognize fetal distress
- Failing to recognize maternal distress
- Improper use of birth instruments, including vacuums and forceps
- Anesthesia errors
- Surgical errors
- Misdiagnosis
These mistakes can occur when doctors don’t listen to the mother about her concerns during pregnancy and labor. Lack of communication between medical staff, including poor charting and recordkeeping, can also lead to mistakes.
Our Rhode Island birth injury and medical malpractice attorneys will conduct an exhaustive investigation into your child’s labor and delivery. We’ll dig deep and work to uncover every possible factor that contributed to their birth injury. The more we know about what happened and why, the better positioned we’ll be to get you the compensation you deserve.
DO I HAVE A CASE?
If you think you may have a case, contact us now for a FREE consultation
Types Of Birth Injuries
What is a birth injury, anyway? Strictly speaking, a birth injury is “an impairment of the [newborn’s] body function or structure due to an adverse event that occurred at birth.” In other words, it’s a broad term for any avoidable physical, cognitive, or developmental injury to a child at birth.
At Marasco & Nesselbush, we advocate for children and families who have sustained a wide range of birth injuries, including:
- Cerebral palsy
- Brain damage
- Brachial plexus injury
- Shoulder dystocia
- Hypoxia
- Bell’s palsy
- Erb’s palsy
- Klumpke’s palsy
- Spina bifida
- Cranial nerve injury
- Skull fracture
- Broken bones
- Cephalohematoma
- Caput succedaneum
- Subconjunctival hemorrhage
- Facial paralysis
- Wrongful death
Reach out to our personal injury attorneys in Rhode Island if your child has been diagnosed with a birth injury. We can help you understand your legal rights and explain how our award-winning Rhode Island trial attorneys can help you fight to make things right.
Birth Injury Risk Factors
Certain risk factors can increase the likelihood that a child sustains an injury during labor or delivery:
- Dystocia (difficult birth)
- Large baby
- Small pelvic opening
- Breech presentation
- Premature birth
- C-Section delivery
- Placental abruption
- Uterine abruption
- Induction and induction medications
Certain medical instruments, like vacuums and forceps, can also increase the risk of birth injury. These instruments can place abnormal pressure on a child’s delicate body and, even with the slightest pressure, cause significant damage.
Some studies also suggest that a mother’s overall health, including medical conditions and weight, can affect a child’s risk for injury at birth.
What Are The Potential Long-Term Effects Of Birth Injuries?
For many children, an injury at birth sets off a chain reaction that will impact their lives for years to come.
Trauma and injuries at birth can cause:
- Developmental delays
- Brain damage
- Altered motor skills
- Physical injuries
- Disfigurement
- Speech impairment
- Shortened life expectancy
- Death, for the mother or the child
Children who suffer injuries at birth might need to rely on medical devices or medical equipment to live their lives and perform necessary bodily functions like breathing or walking. Others will suffer from debilitating mobility and cognitive impairment that prevents them from living independently. Some will have to live with their parents or a caretaker indefinitely.
As a result, a child who suffers an injury at birth in Rhode Island can face a life full of medical visits, limited independence, and overwhelming financial burdens. In these situations, it can be critical to file a birth injury claim so that the child (and their family) does not have to shoulder the consequences of their birth injury on their own.
What Do I Have To Prove To Win A Birth Injury Lawsuit In Rhode Island?
Birth injury claims are a matter of medical negligence. As a result, it is necessary to prove that a medical professional was negligent and that their conduct was the direct and proximate cause of a child’s injury at birth.
In Rhode Island, a successful birth injury claim must prove:
Duty of Care. A doctor-patient relationship existed, which meant that the doctor or another health care provider owed the mother and child a duty of care. In Rhode Island, the expected standard of care in medical malpractice cases is for a doctor to “exercise the same degree of diligence and skill as physicians in good standing engaged in the same type of practice.”
Breach of Duty. The doctor failed to satisfy the duty of care through some action or omission. In other words, the doctor failed to use the level of skill and diligence expected of a professional in their specialty.
Causation. The doctor’s action or omission was the direct and proximate cause of an adverse event that caused a child or mother to sustain a birth injury. The child or mother wouldn’t have been injured if the doctor hadn’t made a mistake.
Damages. The child or mother has identifiable damages, such as medical expenses, emotional distress, and disability, as a result.
Medical malpractice and birth injury lawsuits in Rhode Island can be complicated. The laws are written more for the benefit of health care providers than for injured patients.
At Marasco & Nesselbush, we have decades of experience successfully litigating these types of cases. Our ability to take on powerful hospitals and health care providers is well-known. We have the in-depth knowledge of Rhode Island medical malpractice and birth injury law, experience, and resources you’ll need to make the most of your fight for compensation.
How Long Do I Have To File A Rhode Island Birth Injury Lawsuit
You won’t have an unlimited amount of time to file a lawsuit if your child has suffered an injury at birth at a hospital in Rhode Island.
The statute of limitations for most birth injury lawsuits is three years, meaning you have three years from the date your child is injured—or their injury is reasonably discovered—to pursue litigation.
However, Rhode Island also provides that a child may bring a birth injury claim themselves. In these situations, the statute of limitations is tolled until their 18th birthday, giving them until they turn 21 to file a birth injury lawsuit.
Why Should I File A Birthy Injury Lawsuit?
Money won’t guarantee that your child fully recovers or lives a healthy, normal life. However, there are considerable benefits to filing a birth injury lawsuit in Rhode Island.
- You’ll be able to recover compensation to cover the costs of current and future medical expenses, make up for the impact of a disability and reduced earning capacity, and compensate for your child’s pain and suffering.
- You can ensure that the doctor who made the mistake is held legally and financially responsible for the harm they’ve caused, which can help protect other children from suffering the same fate.
- You can bring awareness to how unnervingly common birth injuries can be.
Ultimately, this is your opportunity to demand justice for the devastating injury your child has suffered. A successful claim can take the injury’s financial burden off their shoulders and put it right where it should be—with the person who made the mistake.
Contact A Birth Injury Lawyer
The thought of suing your obstetrician or taking on a powerful multi-million dollar hospital can seem intimidating. But, your child was injured, and someone must be held accountable. The good news is that you don’t have to travel this journey on your own.
Call Marasco & Nesselbush and put our award-winning Rhode Island birth injury lawyers in your corner. We’re ready to fight to hold the hospital and negligent providers responsible for your child’s traumatic birth injury. We understand how much is riding on your case, and our team is prepared to go above and beyond to get you the results you deserve.
We offer a free consultation and represent families of birth injury victims on contingency. There’s no cost to hire our law firm unless we win your birth injury case.
Contact our Rhode Island law office in Providence, Wakefield, Warwick, or Woonsocket to arrange a free, no-obligation case assessment now.
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