Birth Injury Lawyer in Providence

The birth of a child is a joyous occasion, but medical errors during childbirth can have devastating consequences. Birth injuries can lead to lifelong consequences, challenges, and disabilities for both the child and their family. When serious or fatal mistakes occur during labor or delivery, you may be eligible for a medical malpractice claim under Rhode Island Law.

At Gemma Law, our Providence personal injury lawyers are here to help you pursue justice and compensation for your family’s needs. Our birth injury lawyer in Providence has been in business for over 48 years.

Why Hire a North Providence Birth Injury Lawyer

Nothing can make things perfect, but as an experienced and trusted law firm in the area, we know exactly what steps to take to deliver results. Gemma Law stands by your side throughout this legal process, offering insight and resources when you need them the most.

As a family-run practice, we have supported injury victims throughout Rhode Island for over 50 years and gained a reputation for putting our clients first. When you need someone to turn to after a birth injury, contact our Providence birth injury lawyer to help determine the next steps for your family.

Gemma Law does not charge you anything up front for our legal services. We only get paid when you win your case. Expect our attorneys to be vigilant in building a comprehensive claim, fighting insurance companies for you, and getting results. Let our North Providence attorney explore your rights.

Understanding Birth Injuries

A birth injury is any harm sustained by a child during the birthing process. Birth injuries include everything from minor bruising to severe, lifelong disabilities. If a medical professional’s negligence or error contributes to a birth injury, it may be considered medical malpractice. Some common examples of medical negligence include:

• Failure to Monitor the Fetus: Not monitoring the fetal heart rate or other vital signs can lead to delayed interventions.
• Failure to Perform a Timely C–Section: Delaying a necessary C-section can result in serious harm to the baby.
• Improper Use of Medical Instruments: Using forceps, vacuum extractors, or other tools incorrectly can cause brain injuries or nerve damage.
• Medication Errors: Giving the wrong prescription or dosage can have severe consequences.

If an injury at birth is caused by medical negligence, the parents may have a legal claim against the healthcare practice or specific provider(s) responsible. Working with a Providence birth injury attorney can help you determine if you may have a valid claim.

Common Birth Injuries

Birth injuries can range in type, but almost all are incredibly traumatic and serious in nature. At Gemma Law, our birth injury lawyers in Providence offer compassionate legal care and aggressive representation. Our birth injury attorneys represented many families in Rhode Island whose children have suffered severe birth injuries, including:

• Cerebral Palsy: A nervous system disorder affecting movement, muscle tone, and posture.
• Brachial Plexus Injury: Damage to the baby’s shoulder, arm, or hand nerves.
• Brain Injuries: These can result in cognitive, physical, and emotional impairments.
• Oxygen Deprivation (Hypoxic–Ischemic Encephalopathy): Can cause brain damage if the baby doesn’t receive enough oxygen during labor and delivery.
• Fractures: Broken bones, particularly in the skull or collarbones
• Internal Organ Injuries: Liver, kidneys, or spleen damage.

Being born is a rough activity, according to the Merck Manual, and even with optimal conditions, many birth injuries in newborns have swelling or minor bruising due to the birthing process. When injuries occur on top of this trauma, newborns may have long-lasting consequences. Larger babies have a naturally increased risk of birth injuries, which is why delaying a C-section could prove dangerous.

Seeking Justice and Financial Security for Your Child

A birth injury can have a profound and lasting impact on a child’s life, as well as the lives of their family members. If your child has suffered a birth injury due to medical negligence, you may be entitled to significant compensation, which could help provide support to cover your child’s care. 

A successful birth injury lawsuit can provide financial compensation to cover a wide range of damages, including economic and non-economic damages.

• Economic damages include all direct costs associated with the birth injury, including current and future medical expenses, hospital stays, surgeries, therapies, and assistive devices. They can also include repayment for the time a parent must take off work to care for the child. If a parent is prevented from working in the future because they are caring for their child, they may be entitled to compensation for lost future earning capacity.
• Non-economic damages include all the intangible losses associated with a birth injury, including compensation for physical pain, emotional distress, and loss of enjoyment of life. This may also include loss of consortium, which refers to harm to family relationships. With the help of a birth injury lawyer in Providence, you can determine the comprehensive value of your claim and seek the justice you deserve.

It is not necessary for you to put a value on all of these losses, especially those that are related to the emotional distress you are feeling. However, our Providence birth injury lawyer will investigate, research the value of every component of your case, and build a strong claim for you. When you choose to work with us, you are not alone.

Statute of Limitations for a Providence Birth Injury Lawsuit

Understanding the statute of limitations for a birth injury claim in Rhode Island is crucial. A statute of limitations is a legal deadline by which a lawsuit must be filed. Under R.I. Gen. Laws § 9-1-14, parents and guardians are allowed to file a birth injury claim on the child’s behalf within three years of the injury date. 

If the parents or guardians of the injured child do not file a lawsuit within three years of the injury, the child themselves can file a lawsuit up until their 24th birthday. There may be additional exceptions to this deadline, but you should act either way promptly. The sooner you consult with an attorney, the fresher the evidence is and the better chance you have at a strong claim.

Delaying could significantly impact your ability to pursue a claim and recover compensation for your child’s injuries. Contact a birth injury attorney in Providence from Gemma Law to ensure you meet all legal deadlines.

How We Build Your East Providence Birth Injury Case

Birth injuries occur throughout the East Providence area, including at hospitals and medical centers such as Women & Infants Hospital of East Providence, Kent Hospital, and Landmark Medical Center. If your child suffered injuries at one of these or other locations, let our Providence birth injury attorney help you in the following ways:

• Investigate. Our attorneys will gather all available evidence in your case, including obtaining medical records, interviewing witnesses, and bringing in expert witnesses to verify what occurred.
• Determine fault. We want to determine all parties who contributed. This may include the doctor, nurses, the hospital itself, or those who failed you before or after the birthing process. This opens the door for seeking additional compensation.
• Evaluate all of your losses. In birth injury cases like this, knowing what all of your losses are now and will be in the future is critical. Those funds may be necessary for you to maintain a high quality of life and provide your loved one with the care they need.
• Negotiate with fierceness. Our Providence birth injury lawyer knows how to handle the insurance companies in a way that protects you from further risks and threats. When you call us, we get answers and results for you, or we do not settle your claim.
• Go to court to fight for you. When the insurance company is not being fair or refuses to take responsibility, we will pursue a lawsuit against those involved. Our courtroom-experienced legal team is the advocate you need in these difficult situations.

When you are ready to get answers and justice, contact our team to be your guide. Our experience, coupled with our dedication to our clients, will make an impressive difference in your future. Set up some time now to learn about your rights.

Your Family, Our Focus: Set Up a Free Consultation with Our Providence Birth Injury Attorney

At Gemma Law, we are dedicated to fighting for the rights of injured children and their families. Learn more about our firm and how our family-run business has supported injured people throughout Rhode Island for the past 50 years. If you have further questions, check out our frequently asked questions or contact us for a free case consultation for personalized advice and answers.

After a birth injury, your focus should be on your newborn’s health and your and your family’s well-being. Let us help you determine if you have a medical malpractice claim and pursue justice on your behalf. Contact us today for a free case consultation, and let us help you secure the future your child deserves.