Providence Birth Injury Attorneys

Every year, 28,000 children are born with a birth injury or birth defect, and unfortunately, they are most prevalent in New England, including Rhode Island, Massachusetts, and Connecticut. Large or small, those injuries can have devastating effects on both the child and the family: physically, financially and emotionally.

During that time of crisis, many parents believe that filing a birth injury lawsuit would simply add to their stress. But the question most parents want answered is “what happened.” At the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., we take particular care to worry about the details in a birth injury case so that our clients can simply care for their children.

Many birth injuries or birth defects are a result of medical malpractice, which is a form of negligence, and they can take many different forms. Sometimes, they are the result of inadequate planning by medical professionals, while other times they can be the result of failure to act on signs of distress. Further, many birth injuries occur due to use of excessive force during delivery, including the use of forceps and vacuums to assist in delivery.

At the Resmini law offices, our lawyers have 50 years of practice experience, literally representing thousands of people who have been harmed by the actions of another in birth defect and birth injury cases. Each member of the Resmini law firm has received accolades in Rhode Island, Connecticut, and Massachusetts dedicated to only a few in the profession. In short, we are skilled and experienced in seeing a birth injury and birth defect cases through, from the moment a client walks into our office until its resolution, either by trial or settlement.

As we mentioned, we know that birth injuries can be emotionally and financially devastating. While nothing can cure the harm done, our clients in birth injury cases regularly recover:

  • Past, current, and future medical expenses
  • Healthcare costs associated with rehabilitation, therapy, counseling, and specialized medical equipment
  • Pain, suffering, and emotional distress
  • Lost wages due to providing care for the disabled child
  • Loss of enjoyment and companionship

One of the questions we are asked most often is, “how much will I end up getting, and is it worth my time?” Every case is different, compensation will depend on the type of injury, its severity and what type of plan is in place to care for the infant as he or she grows older.

In addition, there may be caps in your state that dictate a maximum amount of compensation allowed in medical malpractice cases. But, rest assured we know the law, and we always work to ensure that our clients receive what is fair. And if it is not worth your time, we will tell you that too.

Who is at fault for a birth injury?

Birth injury lawsuits are a type of medical malpractice, which holds medical staff and hospitals accountable for their actions. A birth injury often leads to life-long side effects or disabilities. It must be found that a medical practitioner’s actions led to preventable injuries suffered the child or mother during childbirth.

We can determine who may be liable for the birth injury if we discover who had a breach of duty. Doctors and medical practitioners must uphold an unwavering standard of care for each patient. A breach of care may include any time a health care provider deviated from the medical standards of care. This includes failure to detect potential health risks, failure to accurately read a heart monitor, or failure to identify signs of fetal distress.

In each case, if accurately reported and monitored, appropriate actions would need to be taken to ensure the safety and health of both the mother and the child. If your health care provider failed to provide proper care which ultimately led to an avoidable birth injury, you might be eligible to pursue a birth injury lawsuit against the health care provider, hospital, or other medical staff that contributed to the injury.

What constitutes a birth injury?

Birth injuries are serious injuries sustained by the baby or mother during childbirth. Expecting mothers require extensive monitoring and check-ups to ensure there will be a safe childbirth. There are a wide variety of maternal conditions that could harm a baby during birth and when left untreated, can cause serious injury to the baby or mother during childbirth. Mothers and fetuses should be monitored attentively to avoid injuries during delivery.

Doctors and medical practitioners have a duty of care to monitor and correctly assess monitor readings and conditions to ensure that the mother and baby are both safe. Failure to read a monitor, or failure to perform a cesarean section due to fetal distress can have serious life-altering affects on the child, and the mother and ultimately can cause a birth injury. Medical practitioners, nurses, physicians, midwives, and hospital staff all have the responsibility to give you and your baby the best standard of care possible, and if their negligence leads to an unfortunate birth injury, you may be eligible to seek compensation.

Why should I seek compensation?

We understand that the time following a birth injury is devastating for families and filing a lawsuit may be the last thing on your mind. However, filing a lawsuit will not only hold the negligent party accountable, but you may be entitled to financial compensation to help cover past, present, and future medical bills associated with the birth injury. Compensation is something you deserve for the hardships you have suffered due to someone’s negligence.

Unfortunately, birth injuries can have very long-lasting effects that may include permanent disability, and that means a future of expensive medical bills and therapy for your family. However, if you pursue a lawsuit against the hospital, medical practitioners, or other negligent parties involved, financial compensation awarded will help with your medical bills.

Not only should you seek compensation to help pay for medical expenses, but birth injuries are tragic because they could be avoided had the medical practitioner not acted negligently. Therefore, it is important to hold nurses, medical practitioners, and hospital staff accountable for their actions so that another family does not fall victim to their negligence.

Contact Us

The Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. is a well-respected firm completely dedicated to helping clients who are injured recover what is due. We are proud to have helped many people with their personal injury case in Providence, Rhode Island, Massachusetts, Connecticut and Florida for 50 years.

For more information, call us at (401) 751-8855 or toll free at 1-855-RESMINI. We would be happy to consult with you in our offices in Rhode Island, Connecticut, Massachusetts and Florida, free of charge.

Written By: Ronald J. Resmini

Last Updated : Tuesday, July 19, 2022