Rhode Island Birth Injury Lawyer

If you or a loved one have suffered from an RI birth injury or birth defect, you could be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. We are working with experienced RI birth injury lawyers, who handle birth injury cases and there is no fee unless you get a settlement or award. Contact us 24/7, toll free at  1-800-992-6878 or online, for a free (no obligation) case evaluation.

What Are Birth Injuries?

Birth injuries are injuries that are caused during the process of birth itself. Most birth injuries are caused by complications during labor or delivery and in some cases they are caused by a medical error. They are often preventable and often lead to severe medical problems that can last for a lifetime.

If your child has been injured because of medical malpractice, either from inadequate monitoring, a delayed C-section, misuse of delivery devices or negligent conduct, our RI birth injury lawyers are here to help. We will strive to obtain compensation for you and your family by holding the responsible parties accountable.

Common Birth Injuries

Anoxic Brain Injury

This injury occurs when a baby’s brain does not receive oxygen, and while blood flow may still be present, the brain cells will die without receiving oxygen. This can result in severe disabilities, such as seizures, motor impairments, and cognitive issues.

Bacterial Infection

Newborns are especially vulnerable, as their immune systems have not fully developed. These infections can come from the mother during birth, a non-sterile hospital environment or medical instruments. These infections, if not treated, can cause sepsis or meningitis, which can lead to more severe complications, such as brain damage or organ failure.

Brain Damage

Brain damage can result from a variety of causes, like oxygen deprivation, trauma, improper medical care, or infections. The severity can vary, and it can range from mild developmental delays to much more severe disabilities, such as cerebral palsy or even death.

Breech Birth Complications

This injury occurs during birth when the baby is incorrectly positioned. Rather than being positioned head-first, a baby is positioned feet or bottom-first, and this can increase the risk of a difficult delivery, head injuries, nerve damage and oxygen deprivation. A C-section is typically recommended to prevent serious complications.

Bruising

The natural pressure of birth can be enough to cause bruising to appear on newborns, especially if the birth was assisted by tools, like forceps of a vacuum. While bruising is usually harmless, it can indicate a more serious injury, especially if the bruising doesn’t fade within a few days.

Caput Succedaneum

Caput Succedaneum is caused by pressure during delivery, resulting in swelling to a newborn’s head. It occurs when the baby’s scalp is compressed against the birth canal, which leads to fluid buildup.

Cephalohematoma

Often caused by pressure during labor or the use of medical tools (such as forceps or a vacuum), Cephalohematoma is a blood collection between the baby’s skill and scalp. This condition may lead to complications and will take several weeks to months to fully heal.

Cerebral Palsy

Cerebral Palsy can occur before, during or shortly after birth. The most common causes are a lack of oxygen, severe jaundice, birth trauma and infections, most of which can be avoided through proper monitoring. Cerebral Palsy can cause a variety of symptoms, which include speech problems, lack of muscle coordination, hearing loss, seizures and partial or whole paralysis.

Facial Paralysis

Facial paralysis occurs when pressure on a baby’s face damages the facial nerves. This often happens from forceps or prolonged pushing and can cause drooping on one side of the face, resulting in difficulty closing an eye or trouble feeding. Some cases may resolve on their own, and others may require surgery.

Fractured or Broken Bones

The most common broken bone is the collar bone, which usually heals with time, but some more severe fractures may require medical intervention. Fractures can occur for a variety of reasons, but they are more likely to arise in problematic deliveries, like when doctors use forceps or vacuum extraction.

Hypoxia

Hypoxia occurs when a baby’s organs and tissues do not receive enough oxygen, which is usually caused by placental issues, prolonged labor or umbilical cord compression. Hypoxia can lead to brain damage, developmental delays or organ failure if not quickly treated.

Injury from an Untimely C-Section

Poorly performed C-sections can cause injuries to the baby through accidental cuts or create difficulty breathing. Even when it is medically necessary to delay a C-section, there can be negative effects on the baby, such as oxygen deprivation, head trauma or other complications.

Injury from Forceps

Forceps (metal instruments used to assist in delivery) if applied with too much force can cause nerve damage in the face, neck or shoulders, which can result in difficulty swallowing, breathing problems or temporary or permanent weakness.

Injury from Vacuum Extraction

A vacuum extraction occurs either when labor is prolonged or stalled and either the baby’s heart is considered “non-reassured” or when the mother can’t push anymore. Minor swelling is common, but severe injuries can have long-term effects. Improper usage can cause injuries, such as scalp wounds, brain bleeding, skull fractures or nerve damage.

Meconium Aspiration Syndrome

A baby’s first feces is called meconium, which can occasionally enter the amniotic fluid before delivery. This fluid can obstruct airways and result in severe breathing issues if a baby inhales it. In severe cases, it may result in infections, lung damage, or even death.

Shoulder Dystocia

Shoulder Dystocia is when a baby’s shoulders get stuck behind their mother’s pelvic bone during the birth. This can lead to fractures, oxygen deprivation, or nerve damage if not resolved quickly. Erb’s Palsy can be caused by Shoulder Dystocia and can result in the baby not having the full use of their arms.

Spinal Cord Injury

While rare, when they do occur, spinal cord injuries are extremely serious. Often resulting from improper use of medical tools (like forceps), excessive pulling or breech deliveries, these injuries can result in paralysis or lifelong disabilities.

Traumatic Brain Injury (TBI)

A TBI is caused by force or pressure exerted on a baby’s head during birth, which can happen due to improper use of medical instruments, oxygen deprivation or prolonged labor. TBIs can cause seizures, developmental delays or long-term disabilities.

Wrongful Death

In especially traumatic situations, the mother and/or the baby can die due to the fault of another. This includes improper dosages, inadequate attention or care, and improper treatment. Even an accidental mistake could lead to receiving compensation if the care provided is below the basic standard.

How Are Birth Injuries Caused?

These birth injuries can be caused in a variety of ways:

• Failure to diagnose a condition of the fetus or mother that complicates birth
• Failure to treat maternal and fetal health concerns (like preeclampsia)
• Failure to diagnose or respond to fetal distress
• Failure to respond to bleeding during delivery
• Failing to respond to complications with the umbilical cord, such as entanglement
• Delay or failure in ordering C-section
• Misuse of medical devices, such as the extractor, forceps, or vacuum
• Improper drugs administered during birth
• Incorrect medical dosage administered
• Negligent care by hospital staff

These injuries are not always a result of medical malpractice. However, they can often be avoided if the doctor and medical team perform to the standards that they are legally required to. This is why it is so important to have a Rhode Island birth injury lawyer near you to consult with.

What Are Birth Defects?

Birth defects occur when a child has not fully physically or mentally developed in the womb. Birth defects are one of the leading causes of infant deaths. They may be caused by any number of factors. However, in many cases, they occur because the fetus was exposed to something harmful. For example, medical malpractice may have exposed the fetus and the mother to viruses like rubella.

The following birth defects can be caused due to medical malpractice:

Filing a Lawsuit for a Birth Defect

If you suspect medical malpractice, it’s recommended that parents request the hospital deliver all records, including any prenatal records. After obtaining these, an independent doctor should review the information and potentially perform tests to check for any mental or physical disabilities. Each birth injury case is unique, and an experienced legal team can thoroughly investigate to obtain the maximum compensation your family deserves. Don’t hesitate to contact one of our qualified RI birth injury lawyers for a free consultation!

How Soon Should a RI Birth Defect Lawsuit Be Filed?

The statute of limitations for a birth injury in Rhode Island is three years from either the occurrence of the injury or the discovery of the injury. Consulting with an experienced Rhode Island birth injury lawyer as soon as possible ensures your case is timely and properly filed to ensure your ability to seek compensation.

Who Can You Sue for Your Child’s Birth Injury?

Several parties may be held liable for a birth injury, including but not limited to:

• Doctors: Pediatricians, obstetricians and other medical staff involved in labor, delivery or prenatal care who didn’t follow acceptable standard of care practices.
• Nurses: Any medical staff who failed to exercise proper care, such as negligently monitoring the baby or mother, failing to act when signs of distress presented or improperly administered care.
• Medical Facilities: Any institution, commonly hospitals, that may have inadequately trained their employees, lacked adequate staff, or failed to enforce proper procedures and protocols.
• Midwives: In RI, midwives can be licensed as Certified Nurse Midwives (CNM), and they are board-certified registered nurses who specialize in pregnancy, birth, and the postpartum period.
• Medical Device Manufacturers: The manufacturer may be held liable if their defective equipment, like forceps or fetal monitors, was used and this defect caused the injury.

A skilled RI birth injury lawyer can help discern these facts and get your family on the road to recovery.

What Is Your Birth Injury Case Worth?

Unlike in many other states, there are no caps on economic or non-economic in Rhode Island for medical malpractice cases. This means that winning a case can provide crucial financial relief for families, both for their short-term and long-term needs. Knowing this, a Rhode Island birth injury lawyer can help to safeguard these funds and acquire maximum compensation.

When considering the value of a birth injury case, certain factors will be considered to properly compensate you, such as the amount of medical bills that have already been paid, as well as income that may have been lost due to increased time spent caring for the person with the injury. Additionally, the pain and suffering experienced by the child will be examined and the injury will be examined to determine how ithas affected the parents. This is the most crucial part o knowledgeable RI birth injury lawyer examines and helps to determine.

Potential “future” losses will also be considered. These are losses that will be incurred over the course of time-related to care for the sufferer. In some states, in rare cases, a judge or a jury will award “punitive” damages. These are awarded when the doctor who committed malpractice was extremely out of line with what a normal doctor would have done.

Examples of successful birth injury lawsuits:

• $103 Million to a New York woman that gave premature birth to twins with Cerebral Palsy. The doctor and hospital staff failed to recognize that the mother was in labor and then allowed the mother to deliver the babies normally instead of ordering a C-Section.
• $25 Million to a New York woman whose child suffered from severe brain damage after hospital staff forced her to wait over 5 hours to deliver her baby, after they determined the baby was in a breech position. The hospital staff conducted the procedure without a train obstetrician in attendance. The original award was for over $116 million, but was reduced by the judge.
• $6 Million to a New York woman whose child developed Erb’s Palsy after her baby’s shoulders became stuck during birth. There were reasonable indications that a C-Section was necessary, but the doctors attempted a vaginal birth instead.

Why Contact Us?

Contingency Fee Representation

At d’Oliveira & Associates, there are no upfront costs nor legal fees unless we win your case. This guarantees every family has access to excellent legal representation regardless of financial status.

Trial-Ready Representation

While settling is the most likely outcome, our team is always prepared to take the case to trial, ready to fight the hospitals, insurers, medical providers and more to get you the best compensation possible. As a RI and MA based law firm we are knowledgeable about the state laws, courts and regulations regarding RI birth injuries, and will apply this knowledge and experience to your unique case.

What Will We Do

Our RI birth injury lawyers will file your claim, investigate thoroughly to determine liability, consult experts to establish the standard of care and calculate the maximum amount of compensation. We are familiar with how stressful, overwhelming and emotional birth injury cases can be, and our attorneys always provide compassionate, customized advice to assist you throughout the legal process, ensuring you are kept informed at every step

Contact a Rhode Island Birth Injury Lawyer Today!

If you or a loved one have suffered a birth injury in RI, you could be entitled to compensation for your medical bills, lost income, pain and suffering, and even future losses. Working with experienced RI and MA birth injury lawyers, who can file a lawsuit on your behalf and charge no fee unless you win a settlement or award, we are here to help get justice for your family! Contact us toll free at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.