Cranston Birth Injury Attorneys

Let Us Help You & Your Newborn Through This Trying Time

A birth injury is a traumatic event that occurs during childbirth, resulting in physical harm to the newborn or mother. These injuries can have lifelong consequences, affecting the child's development, well-being, and quality of life. While some birth injuries are unavoidable and occur naturally, others are a result of medical negligence.

If you believe that your child's birth injury was caused by medical negligence, you need the expertise of a Cranston birth injury lawyer to help you seek justice and compensation. Our legal team at Decof, Mega & Quinn, P.C. is here to guide you through this challenging time.

Contact us online or call (401) 200-4059 to schedule a free consultation and discuss your case with our team.

What is a Birth Injury?

A birth injury is a physical injury or trauma that occurs to a newborn baby or the mother during the process of childbirth. These injuries can happen during labor and delivery and can lead to a wide range of complications, some of which may be temporary, while others can have long-term or even permanent consequences. Birth injuries are typically divided into two categories: injuries to the newborn and injuries to the mother.

The common types of birth injuries to newborns include:

• Cerebral Palsy: Cerebral palsy is a neurological disorder that affects a child's muscle control and coordination. It can be caused by oxygen deprivation during birth, often due to issues like a prolapsed umbilical cord or a prolonged delivery.
• Erb's Palsy: Erb's palsy, also known as brachial plexus injury, occurs when the baby's brachial plexus nerves in the shoulder are damaged during birth, typically due to excessive force or pulling during delivery.
• Brain Damage: Brain injuries in newborns can result from various factors, including oxygen deprivation, head trauma during delivery, or the misuse of delivery-assisting tools like forceps or vacuum extractors.
• Shoulder Dystocia: This condition happens when the baby's head passes through the birth canal, but the shoulders become stuck behind the mother's pelvic bone. It can lead to injuries such as brachial plexus injuries, fractures, and even hypoxia (lack of oxygen).
• Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury caused by oxygen deprivation during birth. It can result in severe and lifelong neurological deficits if not promptly and properly treated.
• Fractures: Bone fractures, most commonly of the collarbone or clavicle, can occur during birth, particularly in difficult or prolonged deliveries.

Here are the common types of birth injuries to mothers:

• Perineal Tears: Perineal tears are tears in the perineum, the area between the vagina and the anus, which can occur during vaginal childbirth. These tears vary in severity, with first-degree being the least severe and fourth-degree being the most severe.
• Uterine Rupture: Uterine rupture is a rare but severe complication where the uterus tears open during labor. It can lead to heavy bleeding, harm to the baby, and even maternal mortality.
• Pelvic Organ Prolapse: Pelvic organ prolapse occurs when the pelvic organs, such as the bladder, uterus, or rectum, descend into the vaginal canal. This can be a long-term consequence of childbirth.
• Infections: Infections, such as endometritis or urinary tract infections, can occur postpartum due to the stress and trauma experienced during childbirth. Prompt treatment is essential to prevent complications.
• Hemorrhage: Postpartum hemorrhage is excessive bleeding after childbirth and can result from a variety of factors, including tears, placental issues, or uterine atony (failure of the uterus to contract).

What Caused the Birth Injury?

Birth injuries can occur due to a variety of factors, and they are not always preventable.

Some of the common causes of birth injuries include:

• Prolonged or Difficult Labor: A long and difficult labor can increase the risk of birth injuries. It may lead to complications like oxygen deprivation or the need for instrumental deliveries (forceps or vacuum extraction), which can cause injury.
• Size and Position of the Baby: The size and positioning of the baby in the birth canal can impact the delivery process. Large babies (macrosomia) or babies in a breech position (feet or buttocks first) are at a higher risk of birth injuries.
• Use of Assisted Delivery Tools: The use of forceps or vacuum extractors can be necessary in some cases to assist in delivery. However, improper use of these tools or excessive force can result in injuries to the baby's head, neck, or shoulders.
• Umbilical Cord Complications: Issues with the umbilical cord, such as a prolapsed cord (when the cord exits the birth canal before the baby) or cord entanglement, can lead to oxygen deprivation and birth injuries.
• Placental Problems: Complications with the placenta, such as placental abruption (the placenta detaches from the uterine wall prematurely), can reduce the baby's oxygen supply, leading to birth injuries.
• Maternal Health Conditions: Certain maternal health conditions, such as diabetes, hypertension, or infections, can increase the risk of birth injuries if not managed effectively during pregnancy and childbirth.
• Fetal Distress: When healthcare providers fail to recognize and respond to signs of fetal distress, it can result in oxygen deprivation and birth injuries.
• Cephalopelvic Disproportion (CPD): CPD occurs when the baby's head is too large to pass through the mother's pelvis. In such cases, prolonged labor or the use of forceps can lead to birth injuries.
• Medication and Anesthesia Errors: Medication or anesthesia errors during labor and delivery can affect the mother's and baby's well-being. Overmedication or an adverse reaction to anesthesia can have serious consequences.
• Inadequate Monitoring and Communication: Failure to monitor the mother and baby during labor, miscommunication among healthcare providers, or lack of timely intervention can lead to preventable birth injuries.
• Medical Negligence: In some cases, birth injuries result from medical negligence or malpractice. This may include incorrect medical decisions, a failure to properly respond to complications, or a lack of informed consent.
• Infections: In rare cases, infections in the mother or baby during pregnancy or labor can lead to complications and birth injuries.

FAQs About Birth Injury Claims in Cranston, RI

How do I know if my baby’s injury qualifies for a claim?

Determining if an injury qualifies for a claim involves a careful review of the medical circumstances surrounding the birth and subsequent care. Typically, injuries that are unexpected, severe, or have long-term implications—such as cerebral palsy, Erb’s palsy, or brain damage—may form the basis of a valid claim if it can be demonstrated that medical negligence occurred. Our Cranston birth injury attorneys work with medical experts to objectively evaluate whether the injury was preventable or if it resulted from substandard care during the delivery process.

What is the process for filing a birth injury claim?

Filing a birth injury claim in Cranston, RI generally begins with a thorough review of the medical records and evidence by a specialized attorney. The attorney will collaborate with medical experts to assess the circumstances of the injury and determine if negligence played a role. Once a potential claim is identified, a formal complaint is filed with the appropriate court and involved parties are notified. Throughout the process, both sides may engage in discovery, expert evaluations, and negotiations before potentially reaching a settlement or going to trial. This procedural approach ensures that all available evidence is scrutinized to substantiate the claim and secure compensation for the affected family.

What types of compensation may be available through a birth injury claim?

Compensation in a birth injury claim is intended to address both the immediate and future needs of the child, as well as the emotional and financial hardships faced by the family. This may include medical expenses—both current and projected—as well as costs related to ongoing care, rehabilitation, and therapy. Additionally, families may receive compensation for pain and suffering, lost wages, and other economic impacts incurred by the injury. The long-term nature of many birth injuries means that settlements or awards often aim to secure the child’s quality of life through continuous medical oversight, educational support, and adaptive services throughout their lifetime.

Is there a time limit to file a birth injury claim in Rhode Island?

Yes, Rhode Island has a statute of limitations that applies to medical malpractice and birth injury claims. Generally, the claim must be filed within three years from the date the injury occurred or from when it was reasonably discovered. However, in cases involving minors, there may be extensions or exceptions that allow additional time to file.

Can I file a birth injury claim if the injury was discovered months or years after birth?

Yes, many birth injuries—such as developmental delays or neurological issues—aren’t immediately noticeable at birth and may not become apparent until the child begins missing key milestones. In Rhode Island, the law may allow the statute of limitations to begin when the injury is discovered or should reasonably have been discovered, rather than on the actual date of birth.

Who can be held liable in a birth injury claim?

Several parties may be held liable in a birth injury claim depending on the details of the case. This can include the attending obstetrician, nurses, anesthesiologists, or even the hospital or medical facility itself if systemic issues contributed to the injury. Liability is based on proving that one or more of these parties failed to meet the standard of care expected in their profession.

What evidence is needed to support a birth injury claim?

Supporting a birth injury claim requires strong evidence that shows the injury was caused by a deviation from accepted medical standards. This often includes medical records, expert witness testimony, documentation of the mother’s and infant’s condition before and after birth, and any diagnostic reports confirming the child’s injuries.

How can a specialized attorney help with my birth injury claim?

Navigating a birth injury claim can be exceptionally complex due to the intricate interplay of medical facts, legal standards, and state-specific laws. Our Cranston birth injury lawyer brings valuable expertise by coordinating with healthcare professionals to interpret medical records, identify instances of negligence, and map out the causal link between the substandard care and the injury. With a deep understanding of both personal injury and medical malpractice law, we ensure that the claim is thoroughly researched and presented, maximizing the chances of a favorable outcome. Additionally, our experience in negotiating with insurance companies and handling the litigation process can significantly ease the emotional and financial burden on the affected family, while striving to secure the necessary compensation for long-term care.

Why Choose Decof, Mega & Quinn, P.C.

Decof, Mega & Quinn, P.C. is a highly reputable law firm, with a track record of success in birth injury cases. We understand the emotional and financial toll that birth injuries can take, and we are here to support you every step of the way

Here's why you should choose us as your Cranston birth injury lawyer:

• Experience: Our attorneys have decades of experience handling birth injury cases. We have a deep understanding of the medical aspects of these cases, allowing us to build strong legal strategies.
• Compassion: We understand that birth injuries are emotionally challenging for families. Our legal team is compassionate and dedicated to supporting you throughout the legal process.
• Resources: We have the resources necessary to thoroughly investigate your case, consult with experts, and build a strong legal argument.
• Proven Success: Our firm has a history of securing substantial settlements and verdicts for birth injury victims. We fight aggressively to ensure that families are adequately compensated for their losses.
• Local Knowledge: As Cranston birth injury lawyers, we have a deep understanding of Rhode Island's legal landscape and healthcare system, allowing us to provide the most effective legal representation for our clients.

Contact us today at (401) 200-4059 to let us help you get the justice and compensation you and your family deserve.