When a child suffers a birth injury that may be related to medical negligence, families face overwhelming emotional and financial challenges. If you believe your child’s birth injury resulted from substandard medical care during pregnancy, labor, or delivery, Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. can evaluate your situation and explain your legal options. The firm offers free consultations and works on a contingency‑fee basis, meaning attorney’s fees are only collected if compensation is recovered.
Why Choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for Your Birth Injury Case
When your family is considering a birth injury claim, the experience of your legal team is an important factor. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. describes more than five decades of family‑firm experience and reports significant recoveries in injury matters across Massachusetts and Rhode Island. Third‑party recognitions such as listings in peer‑review publications and professional rating services reflect longstanding involvement in serious injury litigation, though they do not predict results in any individual case.
The firm approaches birth injury matters with attention to both the legal and human aspects of the claim. Attorneys review medical records, consult with qualified medical professionals, and develop evidence aimed at demonstrating where care may have fallen below accepted standards. The Fall River office location makes it easier for local families to meet in person if they choose to do so. Because fee arrangements are contingency‑based, families can pursue a claim without paying attorney’s fees up front.
What Causes Birth Injuries
Birth injuries can occur when medical professionals do not follow the level of care that reasonably careful practitioners would use in similar circumstances. While some complications arise even when providers act appropriately, others may be linked to preventable errors in monitoring, decision‑making, or intervention.
Examples of issues that may be associated with birth‑injury claims include:
- Not recognizing or responding to signs of fetal distress
- Delaying or not performing a cesarean section when indicated
- Using forceps or vacuum devices in a manner that causes trauma
- Failing to diagnose or manage maternal conditions such as preeclampsia or gestational diabetes
- Inadequate monitoring of fetal heart rate or maternal vital signs during labor
- Anesthesia‑related problems that affect mother or baby
- Not addressing umbilical‑cord complications in a timely manner
Certain risk factors—such as a large baby, prematurity, unusual fetal positioning, prolonged labor, or maternal health conditions—can increase the complexity of a delivery. Appropriate recognition and response to these risk factors are part of the standard of care. When providers do not respond appropriately and harm results, a medical malpracice claim may be considered.
Types of Birth Injuries We Handle
Birth injuries range from temporary conditions to long‑term disabilities that affect nearly every aspect of a child’s life. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. represents families in cases involving, for example:
- Cerebral palsy, which can affect muscle control, coordination, and posture and is sometimes associated with oxygen deprivation or other complications around the time of birth
- Erb’s palsy and other brachial‑plexus injuries, which impact nerves controlling the shoulder, arm, and hand and may occur when excessive force is applied during delivery
- Hypoxic‑ischemic encephalopathy (HIE), a form of brain injury linked to reduced oxygen or blood flow that can lead to developmental delays, seizures, or other long‑term effects
- Spinal cord injuries, which may result from unusual forces applied to the baby’s neck or back
- Scalp birth injuries such as cephalohematoma or caput succedaneum, sometimes associated with instrument‑assisted deliveries
- Fractures present at birth, including clavicle or limb fractures that can result from difficult extractions
- Facial nerve injuries, which may cause temporary or, in some cases, lasting facial weakness
Some of these conditions improve over time, while others require lifelong medical care and support services. A careful evaluation of both current and anticipated needs is essential in any birth‑injury damages analysis.
Recognizing Birth Injury Symptoms
Some signs of birth injury appear immediately in the newborn period, while others emerge as a child grows. Early indications can include unusual muscle tone (very stiff or very floppy), difficulty feeding, weak or atypical crying, seizures, or respiratory difficulties. Parents may also notice unusual posturing, lack of movement in a limb, or visible swelling or bruising.
Later‑developing signs can involve missed developmental milestones, such as delays in rolling over, sitting, crawling, or walking. Speech or language delays, difficulties with fine‑motor tasks, learning challenges, or behavioral concerns may also suggest an underlying neurological issue. Because many conditions can cause similar symptoms, medical evaluation is critical; however, when these signs appear in connection with a complicated birth, families sometimes choose to explore whether negligence may have played a role.
If you suspect your child’s condition may be related to a mistake during pregnancy, labor, or delivery, speaking with a birth‑injury lawyer can help you understand whether a legal investigation is appropriate.
Medical Malpractice and Birth Injuries in Massachusetts
To pursue a birth‑injury malpractice case in Massachusetts, it is generally necessary to show that:
- A medical provider owed a professional duty of care to the mother and/or child.
- The provider’s actions or omissions fell below the accepted standard of care.
- This deviation caused or substantially contributed to the child’s injury.
- The child and family suffered measurable damages as a result.
Demonstrating these elements typically requires detailed review of prenatal, labor, delivery, and neonatal records. Independent medical experts—such as obstetricians, pediatric neurologists, or neonatologists—often evaluate the care provided and offer opinions on whether it met accepted standards.
Massachusetts law imposes deadlines for bringing malpractice claims, and there are special rules when the injured person is a minor or when the injury is not immediately apparent. Because calculating these time limits can be complex, families are generally encouraged to consult counsel as soon as they suspect a problem, rather than waiting until all long‑term effects are known.
How Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. Assists Birth Injury Families
From the initial consultation forward, the firm works to reduce the legal burden on families by managing the key steps in a birth‑injury case:
Comprehensive record review – Obtaining hospital and provider records, fetal‑monitoring strips, imaging studies, and other documentation related to pregnancy, labor, delivery, and neonatal care.
Expert consultation – Engaging qualified medical experts to assess whether the standard of care was met and whether any deviations are linked to the child’s condition.
Damages assessment – Working with life‑care planners, economists, and other professionals to estimate the cost of ongoing medical care, therapies, assistive technology, educational support, necessary home modifications, and the impact on the child’s future earning capacity.
Negotiation – Presenting the claim to insurers and defense counsel and pursuing settlement negotiations aimed at reaching a resolution that reflects the full scope of the child’s and family’s needs.
Litigation and trial – Where settlement is not possible on acceptable terms, preparing and presenting the case in court, while continuing to keep the family informed and involved in key decisions.
Throughout this process, the firm maintains communication with families so they understand what is happening and can focus as much as possible on caregiving and treatment.
Birth Injury FAQs
What is the statute of limitations for a birth‑injury claim in Massachusetts?
Massachusetts has specific time limits for filing medical‑malpractice cases, including those involving injuries at or around birth. Because those deadlines can vary based on when the injury was or reasonably should have been discovered and the age of the child, the safest course is to speak with a malpractice attorney promptly to determine which deadlines apply in your situation.
How can I tell if my child’s condition resulted from malpractice?
Not every adverse outcome is caused by negligence. A legal review typically looks at whether providers appropriately monitored mother and baby, responded to signs of distress, chose reasonable delivery methods, and followed accepted practices for similar risk factors. Attorney and medical experts examine the records to determine whether there is evidence that the standard of care was not met and that this failure contributed to the child’s condition.
What types of compensation may be available?
Birth injury damages may include past medical bills and expected future care costs. They may also include therapy, rehabilitation, special schooling, and support services. Some claims include home changes and mobility or communication devices. Families may also seek compensation for pain and suffering. A claim may address how the injury affects the child’s future work and income. The exact damages depend on the facts of each case.
How long does a birth‑injury case take?
The length of a birth injury case depends on several factors. These include the medical issues, the providers involved, and whether the case settles or goes to trial. Some claims resolve within a few years. Others take longer, especially when expert reviews and detailed discovery are needed. An attorney can give a more specific estimate after reviewing the records and issues.
Will my case go to trial?
Many malpractice cases end in settlement, but trial is possible if the parties cannot agree on liability or damages. The decision to settle or proceed is made by the family after consultation with counsel. Having trial‑ready representation can also encourage more serious settlement discussions.
What should I do if I suspect a birth injury?
If you are concerned about a possible birth injury, ensure that your child is receiving appropriate medical evaluations and therapies. It can also be helpful to request copies of relevant medical records. Then consider contacting Law Offices of Ronald J. Resmini for a consultation to review the circumstances and discuss potential legal options.
Contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. for a Free Consultation
If your child suffered a birth injury in Fall River or elsewhere in Massachusetts and you suspect medical negligence may have played a role, Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. is available to review your situation. The firm offers free, no-obligation consultations for birth injury cases. Attorney’s fees are only owed if compensation is recovered.
Call 401.751.8855 or visit our contact page today to schedule your free consultation and learn more about how a birth‑injury claim may help provide resources for your child’s current and future needs.