Medical Negligence In Birth Injury Malpractice Cases
If you’re considering filing a birth injury malpractice lawsuit, it’s important to find an experienced Rhode Island birth injury lawyer who can help you determine if medical negligence caused your child’s injury. A resourceful lawyer can work closely with a qualified medical expert to analyze the legal and medical details of your case.
If a medical expert reviews the evidence and determines that your physician violated the accepted medical standard of care, he or she may be considered negligent. To put it more simply, if the medical expert who reviews your case determines that your child’s injury could have been prevented your by better medical care, your family would likely have grounds for a medical malpractice lawsuit based on medical negligence.
Some of the most common forms of medical negligence we’ve seen in birth injury malpractice lawsuits include:
- Failing to order a c-section which could have prevented a birth injury
- A delayed c-section resulting in preventable birth complications
- Using excessive force during a difficult delivery, resulting in brachial plexus nerve damage
- Mistakes while using forceps, vacuum extractors, and other assisted delivery tools
- Failure to identify and treat maternal health problems, like high blood pressure or infections
- Failure to identify and treat signs of fetal distress, such as oxygen deprivation
Common Birth Injuries & Complications
Medical mistakes during pregnancy, labor, and delivery can result in permanent and debilitating injuries for the child. Some of the most common and severe birth injuries caused by medical negligence include:
Regardless of which birth injury your child is suffering from, a birth injury malpractice lawsuit can help your family secure financial compensation if your healthcare provider was at fault for allowing your child’s injury to occur.
Rhode Island Medical Malpractice Laws
Each state sets their own laws regarding medical malpractice lawsuits. If your child suffered a birth injury in Rhode Island and you suspect medical negligence is the cause, you’re likely wondering how Rhode Island malpractice laws could apply to your case. We’ve provided a basic summary of some of these laws before, but we recommend learning more about your legal rights by speaking with an experienced Rhode Island birth injury malpractice lawyer.
Deadlines For Filing A Malpractice Lawsuit In Rhode Island
Each state has a law on the books known as the statute of limitations, which sets deadlines for filing a medical malpractice lawsuit. Depending on the circumstances of the case, one of three or four separate deadlines may apply to your case. It’s extremely important to make sure you file your lawsuit within this deadline. If you’re considering taking legal action, we suggest discussing your options with an experienced lawyer as soon as possible.
Are Damages Capped In Rhode Island Malpractice Cases?
In many states, there is a limit to the amount of financial compensation you can recover in a malpractice lawsuit. Rhode Island is not one of these states. Your maximum compensation is uncapped and will be determined either by the jury or through settlement negotiations with insurance companies.
Expert Witnesses Requirements
Unlike many other states, Rhode Island has no requirement for filing a certificate or affidavit of merit prior to filing a medical malpractice lawsuit. However, if you want a medical expert to testify on your behalf, that expert must work in the same field as the healthcare provider you’re bringing the lawsuit against.
Do You Need A Lawyer To File A Birth Injury Lawsuit?
Medical malpractice lawsuits are some of the most complicated forms of personal injury claims. In order to secure a settlement or court victory, it’s usually necessary to have legal guidance from a lawyer with experience in Rhode Island birth injury malpractice cases. At Birth Injury Advocate, our local and experienced lawyers understand what it takes to build a successful case and win in the courtroom or in settlement negotiations.
We can help you explore your family’s legal options in a free consultation, and will represent you through each step of the litigation process. We work on a contingency fee basis, which means you pay us nothing until the end of your case and only if we help you secure compensation. Get in touch with us today to begin planning for your child’s future after a preventable birth injury.