Pawtucket Birth Injury Attorney

Helping Families Navigate Birth Injury Claims in Pawtucket, RI

The birth of a child should be a joyful experience for families, but when something goes wrong during labor or delivery, the consequences can be life-altering. Birth injuries are physical injuries sustained by a newborn during childbirth, often as a result of medical negligence. These injuries can lead to lifelong complications for the child and emotional, physical, and financial challenges for the family. As experienced Pawtucket birth injuries lawyers, Decof, Mega & Quinn, P.C. are dedicated to helping families seek justice and compensation when their child has been harmed due to improper medical care.

Call Decof, Mega & Quinn, P.C. today at (401) 200-4059 or contact us online to schedule a meeting with our birth injuries attorney in Pawtucket!

Common Causes of Birth Injuries

There are various causes of birth injuries, many of which could have been prevented with the proper standard of care. Some of the most frequent causes include:

• Improper use of medical devices: Forceps or vacuum extractors can cause severe damage if not used correctly.
• Failure to monitor fetal distress: Not addressing signs of distress, such as a lack of oxygen, can lead to permanent brain damage or worse.
• Delayed or improper C-section: A delay in performing a necessary C-section can result in severe complications for both the mother and baby.
• Misuse of labor-inducing drugs: Drugs such as Pitocin, if improperly administered, can cause contractions that are too strong, leading to injury.
• Failure to diagnose or treat maternal infections: Infections left untreated during pregnancy or labor can cause harm to the baby.
• Breech delivery complications: In some cases, improper handling of a breech birth can cause injury to the baby.

These are just a few examples of the many ways in which birth injuries can occur. It’s essential to investigate the specific circumstances surrounding the injury to determine if medical negligence played a role.

Who is Liable for a Birth Injury in Pawtucket?

In cases of birth injury, liability can fall on various individuals or entities, depending on the circumstances and the cause of the injury. Here’s a breakdown of who may be held legally responsible:

• Doctors and Medical Professionals: Doctors, nurses, and other medical staff can be held liable if they fail to provide proper care during pregnancy, labor, or delivery. Mistakes like delayed C-sections, misusing delivery tools, or failing to monitor the baby can lead to serious injuries. If their actions fall below accepted medical standards, they may be responsible for the harm caused.
• Hospitals and Medical Facilities: Hospitals may be liable if they hire unqualified staff, lack proper procedures, or fail to ensure quality care. They can also be held responsible for negligence by employees under their supervision. This is often based on the principle of vicarious liability.
• Pharmaceutical Companies: If a medication given during pregnancy or delivery causes harm, the drug manufacturer may be liable. This applies if the drug was defective or if the company failed to provide adequate warnings about risks. These cases typically fall under product liability law.
• Medical Device Manufacturers: Companies that make medical tools used in childbirth may be liable if their products are defective. If a faulty monitor, vacuum, or other device causes injury, the manufacturer could be held responsible. Claims are usually based on defective design, manufacturing errors, or lack of warnings.
• Midwives and Birthing Centers: Midwives or birthing centers may be liable if they provide negligent care or delay necessary medical interventions. Failing to recognize complications or not transferring a patient to a hospital in time can lead to injury. Liability depends on whether their care met the accepted standards for safe childbirth.

What Damages Can Be Recovered in a Birth Injury Claim?

Birth injuries can lead to substantial financial challenges, especially when lifelong care or ongoing treatment is required. A birth injury claim may help recover a variety of damages, including:

• Medical expenses: Compensation for past and future medical care, including surgeries, hospital stays, therapy, and medications.
• Rehabilitation costs: Therapy and treatment necessary to help the child develop skills affected by the injury.
• Home modifications and equipment: Compensation for necessary modifications to the family’s home, such as ramps or lifts, and for specialized medical equipment.
• Loss of earning potential: If the injury is severe, the child may never be able to work or will have reduced earning potential.
• Pain and suffering: Damages for both the physical pain and emotional trauma experienced by the child and the family.
• Loss of enjoyment of life: Compensation for the child’s inability to experience normal activities or lead a full life.
• Emotional distress: Damages for the emotional impact that the injury has on the family, including anxiety, depression, and trauma.

Calculating the damages in a birth injury case requires a thorough understanding of the child’s long-term needs and the full impact of the injury on the family’s future.

What is the Statute of Limitations for a Birth Injury Claim in Rhode Island?

In Rhode Island, specific time limits, known as statutes of limitations, govern when a birth injury lawsuit can be filed. The statute of limitations for birth injury claims is generally three years from the date of the injury. However, some exceptions may extend this time frame.

In certain situations, birth injuries are not immediately apparent. For example, developmental delays or other issues may not be apparent until later in the child's life. In these cases, Rhode Island law allows for the “discovery rule,” which means the clock begins when the injury is discovered or should have reasonably been discovered.

Being aware of these deadlines is crucial, as missing the window to file a claim could result in losing the right to pursue legal recourse. Consulting with an attorney as soon as possible ensures that families can take the necessary steps within the required time frame.

Contact Our Pawtucket Birth Injuries Lawyer Today

Birth injuries can devastate families, both emotionally and financially, but the legal system provides a way to hold negligent medical providers accountable. By filing a birth injury claim, families can seek compensation to cover the extensive medical care, therapy, and other costs associated with caring for a child who has suffered harm during childbirth. Decof, Mega & Quinn, P.C. has the experience and dedication to help families navigate this complex process and pursue justice for their children.

Contact Decof, Mega & Quinn, P.C. today to schedule a meeting with our birth injuries attorney in Pawtucket!