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The birth of your child can be an exciting time. This can all change if something goes wrong just before, during, or soon after delivery. While some birth injuries may be a natural part of birth and short-lived, others can have lasting and devastating effects.
With over 100 years of combined experience in personal injury, Gemma Law Firm and our Cumberland personal injury lawyer have deep roots in the Rhode Island community. We are family-owned and want all of our clients to feel that personalized touch in our services when they work with our Cumberland birth injury lawyer.
How a Cumberland Birth Injury Attorney Can Help
If you have just discovered that you or your child have sustained a lasting birth injury, you may feel overwhelmed and unsure of what to do next. A lawyer may feel like the nuclear option, but if you have concerns that your physician caused the injuries, the hospital will undoubtedly have lawyers available to support them.
If you retain legal representation, you are leveling the playing field while also gaining support such as:
- Referrals to appropriate specialists
- The attorney will serve as a point of contact for your case, allowing you to focus on recovery
- Decades of experience with personal injury cases
- Negotiating with malpractice insurance agents and hospital attorneys
- Investigating your case
- Court representation
- Familiarity with the legal process
Additionally, your birth injury attorney in Cumberland can help you know what to expect from the process. For many, the unknown can be a particularly difficult part of the legal process.
When you work with a Gemma Law attorney, we prioritize the client experience, and you have a chance to ask questions and talk about your case with the actual attorney working on it.
For a free legal consultation with a birth injury lawyer serving CumberlandCall 401.467.2300
Defining Birth Injury
Birth injury in and of itself is not catastrophic, and the medical definition is incredibly broad. In a recent article regarding birth trauma, another term for birth injury, it is defined as an impairment of the baby’s body function or structure because of an adverse event at birth. These injuries can include:
- Head trauma ranging from bruising and swelling to a fractured skull
- Hemorrhage in the baby
- Nerve injuries
- Spinal cord injuries
- Brain damage
- Broken bones
While many of these situations will resolve within days or weeks on their own, some will have a lasting negative impact on the child’s life. This can include disfigurement, developmental delays, and life-long dependency.
If you have concerns that your child suffered one of these injuries due to your physician acting beyond their reasonable professional standards, you may benefit from speaking with a birth injury lawyer in Cumberland.
Cumberland Birth Injury Lawyer Near Me 401.467.2300
Causes
The causes of birth injuries are numerous. In a medical malpractice situation, the question is whether the birth injury was caused by physician negligence, which can include situations in which you’ve been misdiagnosed, the physician was operating outside their scope of practice, impaired, or inattentive. Two conditions cause the majority of birth injuries.
Oxygen Deprivation
Oxygen deprivation can cause some of the more difficult life-long challenges by causing brain damage. This is something that can happen absent fault from the physician, but physician negligence will also often cause ischemic injuries. Some of the situations where this may occur include:
- Failure to notice distress in the fetus during labor
- Inadequate action when baby is stuck in the birth canal
- Failure to notice or mismanagement of cord compression
- Mismanagement or misdiagnoses of placental abruption
Physical Trauma
Physical trauma can happen in many ways during even an uncomplicated delivery. However, severe trauma is most common when complications arise. Situations in which your child is more likely to be injured include:
- Use of forceps
- Vacuum delivery
- C-section
- Dystocia
Effects of Birth Injury
The effects of birth injury can be devastating. For some, it may mean you are separated from your newborn, losing out on valuable bonding time so they can receive treatment. For others, it may mean multiple surgeries and treatments or long-term effects such as:
- Paralysis
- Disfigurement
- Cerebral Palsy
- Cognitive impairment
- Physical impairment
Not only can these symptoms require time-consuming and expensive treatments, but they often dramatically affect the quality of life your child can have.
Beyond that, caring for a child with additional needs can be taxing on the parents and the rest of the family. If your child has experienced any of these effects and you suspect it is due to negligence, speaking with our birth injury lawyer in Cumberland may be helpful.
Wrongful Death
If you have encountered the unthinkable and your child passed away because of physician negligence, you may be able to file a wrongful death lawsuit. In most cases, Chapter 10 of the Rhode Island Court and Civil Procedure allows the parents to take action for the wrongful death of their child.
A lawsuit for the wrongful death of your child can provide financial support for medical expenses and possibly a cushion to allow your family time to grieve.
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Compensation in a Birth Injury Case
The goal of compensation for most people is to recover enough to meet the child’s additional needs. The amount necessary for this can vary dramatically, but factors that may be included in your request may include:
- Medical bills
- Travel costs to and from appointments or specialists
- Supportive devices
- Therapies
- Loss of income
- Pain and suffering
Statute of Limitations for Compensation
Recovering compensation comes with some time limitations. According to Title 9, Chapter 1 of the Rhode Island Court and Civil Procedure, guardians may file a claim within three years of the injury on the child’s behalf. However, the child has until the age of 24 to file a claim if guardians did not.
Call a Cumberland Birth Injury Attorney Today
Delivering a baby can be emotionally and financially draining in the best situation. When something goes wrong, it can pose a very real threat to a family’s livelihood and stability. If a physician’s negligence has caused your child’s birth injury, you may be entitled to compensation to support their needs.
At Gemma Law, we value your experience and endeavor to secure the maximum compensation for your family. The record of our results speaks for itself regarding our efficacy. Call our Cumberland birth injury attorney today to schedule a free case consultation.
Call or text 401.467.2300 or complete a Free Case Evaluation form
