When a baby’s brain and other organs do not receive the oxygen and nutrients they require before, during, or right away after birth, birth asphyxia occurs. There are several types of birth asphyxia but your medical team’s actions matter the most to deliver proper and urgent care.
Patients may have the ability to pursue personal injury claims if healthcare professionals violate established protocols, fail to notice the possible threat, or otherwise behave carelessly. You could have more questions than answers if a medical professional’s carelessness led to your child’s birth asphyxia.
The skilled Rhode Island birth injury lawyers at the Birth Injury Law Group, have managed many birth injury cases for families like you that want answers and justice. We have the skills and resources to help you win this difficult case on your terms.
What Constitutes Medical Negligence in Cases of Birth Asphyxia?
A doctor or other healthcare provider may be deemed negligent in relation to the duty owed to patients if they neglect to keep an eye on or react appropriately to specific scenarios that happen during birth.
Examples of pregnancy, labor, or delivery-related medical malpractice include:
- Improper labor and delivery management
- Failing to react properly to fetal distress symptoms
- Failure to deliver a baby quickly or perform a c-section when a newborn is in need
- Inadequate neonatal resuscitation techniques
- Not treating the mother’s high blood pressure (preeclampsia)
- Failure to deal with bleeding properly
- Improper management of a post-term or extended pregnancy
What Are the Effects of Birth Asphyxia?
Brain damage brought on by birth asphyxia is often divided into three categories: mild, moderate, and severe. If the infant receives timely medical attention and physical therapy as needed, a full recovery may be feasible if the oxygen deprivation was minimal and only lasted a brief time.
The effects of severe brain damage, on the other hand, may be irreparable if the newborn was oxygen-deprived for a prolonged period of time, leading to long-term problems and requiring lifetime care. Birth injuries can have the following effects:
- Facial paralysis
- Motor skill impairments
- Developmental delays
- Speech and language difficulties
- Cerebral palsy
- Erb’s palsy
- Mobility issues
These effects can mean costly treatments and expensive accommodations for your child. Securing financial compensation with the assistance of a Rhode Island birth asphyxia lawyer would allow you to live your life without worrying about paying for your child’s accommodations.
What Compensation Can I Get for a Birth Asphyxiation Lawsuit in Rhode Island?
The amount of compensation that may be awarded in a malpractice case might vary significantly depending on your situation and the severity of your child’s injuries. Your payout will be based on the specific losses you sustained as a result of medical malpractice. In your claim for medical misconduct, you could be able to receive the following damages:
- Specialized equipment like wheelchairs or braces
- Accessible modifications to your house or car
- Medical expenses
- Physical therapy
- Pain and suffering
- Mental anguish
- Lost wages
- Wrongful death
Even though receiving compensation won’t reverse the harm done by the careless doctor or nurse, it will at least ensure that they are held accountable and give you the financial respite you now require to take care of your kid.
Legal Time Limit to File a Medical Malpractice Claim
To bring a claim for compensation in Rhode Island, you must submit your medical malpractice claim within three years of the date that the malpractice occurred or the date on which the claim arose, with some exceptions.
It’s crucial that you find a birth asphyxia lawyer in Rhode Island right away if you believe that medical negligence injured you or your child. In case the reporting procedures for medical malpractice in Rhode Island are too overwhelming, our firm will handle your deadlines urgently.
Legal Steps to Take if You or Your Child Experienced Medical Malpractice
Depending on the specifics of your case, the proof you’ll need to submit a birth asphyxia claim may vary, however, all malpractice lawsuits rely on you implementing these legal steps for a solid case:
- Keep track of every symptom that your infant exhibits. You might also consider filming some peculiar acts that indicate cognitive impairments.
- Recall specifics about the pregnancy up to the delivery date and continuing through the present symptoms and peculiar behaviors. For instance, if a doctor neglects to properly check a baby just after birth, they can overlook the fact that the baby has brain damage. The more hospital personnel involved in the delivery of your child’s names, the better.
- Make sure your infant receives the necessary medical attention for these symptoms. It is important to express worry and talk about the symptoms with the hospital insurance agent, but you should be mindful to hold back before seeking legal counsel.
- Gather documents and store them securely.
- Find a trustworthy attorney to assist you.
Proving Liability for a Medical Negligence Birth Injury Case
A Rhode Island birth injury lawyer will decide if the following components may be established in a court of law for your medical malpractice case:
- What did the doctor or staff fail to accomplish adequately due to negligence?
- How did carelessness lead to harm?
- Demonstrate the infant’s actual injury and establish the extent of the harm.
To prove that your child was injured during the delivery process, one of our Rhode Island birth asphyxia attorneys specializing in birth asphyxia will gather evidence, including:
- Medical records
- Witness accounts
- Testimonies from medical experts
- Video or photo records
When you’re under the care of a medical professional, they owe you a standard of care. If a doctor, nurse, hospital, or even equipment manufacturer breaches the standard of care, they are considered negligent. Our experienced birth injury lawyers will know what to look for to build a strong case.
Should I Get a Lawyer for My Birth Injury Case?
A birth injury lawsuit can bring undue worry and stress when you try to take it on alone. Insurance companies and at-fault healthcare providers will try to twist your words and trick you into a reduced settlement. There are details that a skilled Rhode Island birth injury attorney will know how to traverse.
A medical malpractice attorney will be able to investigate your child’s injury in order to prove that you are the victim of negligence. Our firm can negotiate with the insurance company and even represent you in court so that you can get the compensation you deserve.
Speak with a Rhode Island Birth Injury Lawyer For Free
Contact the Birth Injury Law Group in Rhode Island today. Our birth asphyxia attorneys are skilled at conducting thorough investigations to ascertain if medical malpractice contributed to your child’s harm and will assess the circumstances of your baby’s birth and the care they received.
To evaluate if the doctor or medical staff who cared for your kid violated their duty of care, we speak with medical professionals. We assist our clients by pursuing medical malpractice cases to obtain compensation for your baby’s damages if they did not get sufficient care or behaved recklessly.