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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 Associates, our Providence personal injury lawyers are here to help you pursue justice and compensation for your family’s needs. 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.
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.
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. 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.
Common Birth Injuries
Birth injuries can range in type, but almost all are incredibly traumatic and serious in nature. At Gemma Law Associates, 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 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.
For a free legal consultation with a birth injury lawyer serving ProvidenceCall 401.467.2300
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.
hey can also include repayment for 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 can also include loss of consortium, meaning if the injury affects 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.
Providence Birth Injury Lawyer Near Me 401.467.2300
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 Rhode Island Court and Civil Procedure Title 9, Chapter 1, 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 promptly either way. 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 Associates to ensure you meet all legal deadlines.
Your Family, Our Focus
At Gemma Law Associates, we are dedicated to fighting for the rights of injured children and their families. Learn more about us 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 FAQs or contact us for a free case consultation and get personalized advice and answers to your questions.
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.
Call or text 401.467.2300 or complete a Free Case Evaluation form
