What Does ‘Birth Injury’ Mean?
Recent statistics reveal that approximately 28,000 babies in the United States suffer from birth injuries annually. This number is staggering. It’s also unacceptable—and the Providence birth injury attorneys at our firm are here to hold those responsible to full account.
If your family is grappling with the aftermath of a birth injury, it’s important to understand your rights. When a birth injury results from a healthcare provider’s negligence, you may be entitled to compensation to cover medical expenses, ongoing care, and other damages. The team at Mandell, Boisclair & Mandell is here to listen to your story and help you determine how best to seek the compensation your child—and family—deserves.
A birth defect is a condition that a baby develops during pregnancy that is present at birth. Often related to genetics or environmental factors, the actual cause of birth defects is not always clear.
A birth injury is harm that occurs during pregnancy care, labor, delivery, or immediately after the baby is born. These injuries may be linked to oxygen deprivation, trauma during delivery, or delays in responding to fetal distress, and are often a result of medical negligence.
The distinction between a birth defect and a birth injury matters because some outcomes are genuinely unavoidable, while others may be tied to preventable medical errors.
The Providence birth injury lawyers at Mandell, Boisclair & Mandell know how to spot the difference between birth injury and birth defects. We dig into medical timelines, pore over records, and work with both internal and external medical specialists to identify negligence and ensure all responsible parties are held accountable for the harm they have caused.
If you are unsure which category your child’s diagnosis falls into, you can talk to one of our birth injury attorneys for FREE. We have spent nearly 50 years handling complex medical malpractice cases throughout Rhode Island and Massachusetts, and are here to help you understand your rights.
Warning signs of a birth injury can show up immediately or develop over time. Immediately after birth, families may notice warning signs like seizures, trouble breathing, difficulty feeding, unusual limpness or stiffness, poor reflexes, a weak cry, or a baby who seems unusually hard to wake.
As a child grows, signs of birth injury may include missed milestones, muscle tone issues, coordination challenges, or speech and developmental delays. While none of these automatically mean medical malpractice has occurred, they should all prompt further investigation into how your labor and delivery were handled.
The seasoned birth injury lawyers at Mandell, Boisclair & Mandell don’t guess. We investigate errors in monitoring, timing, and treatment to identify if, when, and how birth injury happened. If your child is showing signs of birth injury, we are here to evaluate your case and help you understand how best to proceed.
Yes. Some birth injuries are obvious right away, but others are not. Conditions involving the brain and nervous system may become clear only as a child reaches (or misses) developmental milestones. For example, a child who appears fine at discharge may later show signs like motor delays, muscle tone problems, seizures, or learning and coordination delays. Delayed discovery is common and is one of the reasons families should not dismiss their concerns simply because time has passed.
The Providence birth injury attorneys at Mandell, Boisclair & Mandell help families dealing with the consequences of medical malpractice, no matter when symptoms appear. We understand how these cases unfold in real life and how to evaluate records from pregnancy through pediatrics to see the full picture.
If your child’s diagnosis came later in life and you are wondering whether anything was missed early on, we are here to listen to your concerns and help you determine the next best steps.
Responsibility for a birth injury depends on where the breakdown occurred. Potentially liable parties include:
- OB-GYNs
- Labor and delivery nurses
- Anesthesiologists
- Neonatologists
- Hospitals
- Medical practice groups
Birth injury cases can involve multiple decision points, including monitoring fetal distress, responding to complications, choosing when to escalate care, timing a C-section, managing medications, providing appropriate newborn support, and much more. The key questions are: what should have been done, when should it have been done, and did a delay or error cause harm?
Birth injury claims are seldom a “one person to blame” issue. The best birth injury lawyers map the chain of care across entire teams and focus on accountability backed by evidence.
At Mandell, Boisclair & Mandell, we work to identify the right parties and pursue claims in a way that holds all liable parties accountable. This enables us to seek the fair and full compensation that families dealing with the long-term consequences of birth injury deserve.
There are many roles a birth injury lawyer takes on, but two of the most important are investigating whether medical negligence contributed to a child’s injury and determining what it will cost to support the child in the long term. These things may include:
- Obtaining and organizing medical records
- Building a timeline of what happened and when
- Consulting with trusted medical experts to evaluate the standard of care
- Identifying who may be responsible
- Calculating damages such as medical care, therapy, adaptive equipment, and future support needs
- Handling negotiations and, when necessary, taking the case to court
Equally important, a birth injury attorney will stand by the family’s side, protect them from unfair treatment, and work tirelessly to obtain justice for the injured child.
The Rhode Island birth injury lawyers at Mandell, Boisclair & Mandell approach these cases with compassion and precision. Our award-winning trial attorneys have the resources, background, and tenacity needed to handle the complexities of these claims without ever losing sight of the families at the center of them.
Compensation following a birth injury needs to address the real-life impact of the injury on the child and the family. Depending on the circumstances, families may be able to pursue damages for:
- Past and future medical treatment
- Physical, occupational, and speech therapy
- Mobility aids and adaptive technologies
- In-home care, respite care, and attendant services
- Home or vehicle modifications
- Educational support and developmental services
- Lost income when parents need to reduce hours
- Pain and suffering and loss of enjoyment in life
The knowledgeable birth injury lawyers at Mandell, Boisclair & Mandell have substantial experience valuing complex, long-term needs so families are not left carrying costs that should never have been theirs. We take time to understand the medical reality and build a claim reflective of current and future needs.
Most birth injury attorneys offer free consultations. The best birth injury lawyers work on a contingency fee basis, meaning you don’t pay an hourly fee. The attorney is only paid after damages are recovered. Birth injuries can be expensive to investigate and pursue. Families should never be forced to choose between legal help and caring for their child.
At Mandell, Boisclair & Mandell, we believe that seeking justice shouldn’t rely on your ability to pay for legal services. We proudly handle these cases on a contingency fee basis, and only get paid once we have secured compensation on your behalf.
With us, your initial consultation is free of both commitment and cost, and the services we provide are paid through a percentage of your final recovery. We are upfront about all costs and fees, and will never saddle you with unexpected expenses.
You’ve already dealt with so much. We are here to ease your burden, not add to it, while we help you seek the fair and full compensation your child’s injury demands.
If you are dealing with the consequences of a birth injury, call Mandell, Boisclair & Mandell at (401) 273-8330 to schedule a FREE and confidential case review today. Our Providence birth injury attorneys serve families living throughout Rhode Island.
What Is a Birth Injury?
Birth injury refers to harm or damage that a baby sustains during the prenatal period, labor, delivery, or shortly after birth. These injuries are not limited to physical harm but can also include neurological and cognitive impairments, which may not be immediately evident. The range of these injuries varies greatly, from mild, temporary conditions to severe, lifelong disabilities.
During the prenatal period, factors such as maternal health, medication, or inadequate prenatal care can contribute to birth injuries. For instance, if a mother’s health condition is not properly managed, it can lead to complications that harm the fetus. Prenatal care must be closely examined when investigating birth injury to determine if problems should have been caught long before labor began.
While some birth injuries can be avoided with proper prenatal care, most birth injuries happen during labor and delivery. These can have various causes, including:
- Prolonged or Difficult Labor
- Improper Use of Delivery Tools
- Failure to Notice Fetal Distress
- Umbilical Cord Complications
- Inadequate Monitoring
- Incorrect Medication or Dosage
- Delayed Decision for Cesarean Section (C-Section)
In addition to injury during labor and delivery, newborns remain highly vulnerable in the moments after they are born as well. Birth injury at this point can occur due to mishandling of the baby, failure to diagnose and treat conditions promptly, and similarly negligent actions.
At Mandell, Boisclair & Mandell, we understand that the causes of birth injuries are varied and complex. Our Providence birth injury attorneys are skilled at investigating these cases, identifying whether medical negligence played a role, and helping families seek the justice and compensation they deserve. If you suspect your child’s birth injury was caused by medical negligence, reach out for a complimentary case review today. We are here to help.
Types of Birth Injuries
Birth injuries vary in severity and type, each presenting its own set of challenges and long-term consequences. Our Providence birth injury attorneys can help with all types of cases, including those involving:
Brain Injuries
Brain injuries can occur when the baby’s brain is harmed during birth, often due to oxygen deprivation. Brain injuries can lead to lifelong complications like developmental delays or neurological disorders.
Cerebral Palsy
Cerebral palsy is a group of disorders affecting a person’s ability to move and maintain balance and posture. It is often caused by brain damage before or during birth and can impact motor skills, muscle tone, and coordination.
Hypoxia/Hypoxic Ischemic Encephalopathy (HIE)
Hypoxia refers to insufficient oxygen in general. HIE is a specific type of brain damage that occurs when the baby’s brain doesn’t receive enough blood and oxygen. HIE can lead to significant developmental and physical disabilities.
Erb’s Palsy
Erb’s palsy results from nerve damage in the baby’s upper arm. It can cause weakness or paralysis in the arm, affecting the child’s range of motion.
Brachial Plexus Injuries
Brachial plexus injuries occur when the brachial plexus—a network of nerves that sends signals from the spine to the shoulder, arm, and hand—is damaged. Some babies may recover movement and feeling in the affected arm within a few months, while others may suffer from long-term or even permanent disability, requiring physical therapy and sometimes surgery.
Spinal Cord Damage
Spinal cord damage can result from excessive pulling or twisting during delivery. It can lead to paralysis or other severe neurological impairments.
At Mandell, Boisclair & Mandell, our Providence birth injury attorneys understand the complexities and sensitivities of these cases. If your child experienced an injury during birth, you may be entitled to compensation for medical expenses, ongoing care, and other related costs. Reach out to us for a cost- and obligation-free consultation, and let us help you seek the justice and support your family deserves.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or other medical staff, fails to provide the standard of care that is expected in their professional capacity, leading to harm or injury to a patient. This standard of care is defined by what a reasonably competent medical professional would or would not have done under similar circumstances.
When deviations from the standard of care result in birth injuries, the consequences for children and their families can be devastating. They can also be hard to identify. Our Providence birth injury attorneys work closely with medical experts who specialize in maternal-fetal medicine, neonatology, and other relevant fields to thoroughly review and analyze all medical records and procedures. This enables us to identify any deviations from the standard of care that may have contributed to your child’s injury. We understand the intricacies of medical standards and are committed to holding all responsible parties accountable.
How Can I Tell If My Child’s Injury Resulted from Malpractice?
Determining if a birth injury resulted from medical malpractice is a complex and nuanced process. It requires a detailed analysis of the medical care provided before, during, and after the birth. This analysis involves examining prenatal records to check for proper monitoring and management of the pregnancy, labor records to assess how the delivery was handled, and postnatal records to evaluate the care given to the newborn.
At Mandell, Boisclair & Mandell, our experienced and award-winning attorneys are adept at navigating these complex cases. We understand the emotional and physical toll a birth injury can have on a family and are prepared to fight tirelessly on your behalf to seek the justice and compensation you deserve.
Why Choose Our Providence Birth Injury Attorneys?
Choosing the right legal representation is crucial when facing the challenges of a birth injury case. With over a century of combined legal experience, our lawyers have a proven track record in birth injury and medical malpractice cases. We offer:
Specialization in Medical Malpractice
Medical malpractice cases, particularly those involving birth injuries, are often very complex. This is where our firm excels. Unlike many law firms that may hesitate to delve into the intricacies of medical malpractice litigation, we embrace these challenges head-on.
Focus on Women’s Health Issues
Attorney Yvette Boisclair, a partner at our firm, specializes in women’s health issues. She has extensive experience in handling negligence claims related to obstetrics, gynecology malpractice, failure to diagnose breast cancer, and more. This specialization makes her uniquely qualified to understand and advocate for clients facing birth-related medical issues.
Extensive Medical Knowledge
Our legal team is not only well-versed in the law but also possesses a deep understanding of medical principles. This knowledge is critical in effectively presenting medical evidence, selecting the right experts, and building a compelling case for our clients.
Wide Range of Malpractice Claims
Our knowledge isn’t limited to a single type of medical malpractice. We handle a variety of claims, from misdiagnosis or delayed diagnosis of severe conditions to concerns about neonatal care and delivery methods. This breadth of experience allows us to address the unique aspects of each case with insight and precision.
Commitment to Our Clients
At Mandell, Boisclair & Mandell, we are fully dedicated to each client we represent. From your complimentary case review through the completion of your case, we will stand by your side and provide the support and representation you deserve. Our attorneys are available around the clock to answer questions and address concerns—and you won’t pay a dime for our services until the successful resolution of your case.
Contact Us for a FREE Case Review
If your family has been affected by a birth injury, contact Mandell, Boisclair & Mandell online or call us today for a FREE consultation. Located in Providence, we serve clients throughout Rhode Island. If your child’s injury makes travel cumbersome, we can come to you. We are here to listen, provide straightforward advice, and assist you in getting the fair and full compensation you are entitled to.
