Representing Mothers and Babies Injured During Labor and Delivery
Medical negligence can lead to a host of problems during labor and delivery. A newborn may, for example, suffer brain damage, paralysis, or a lack of oxygen. Maternal injuries may also occur, such as uterine rupture and severe infection. Tragically, mother or infant death may result.
At Karns & Kerrison, our birth injury lawyers help injured and bereaved parents find the answers they deserve. We know how to investigate medical records to identify what went wrong and how. If medical malpractice was committed, we are prepared to represent you in a claim against the offending medical provider.
Nothing can make up for a tragic birth, but compensation can put you in a prime position for moving forward with your life. If we don't win your case, you won't be billed any fees!
How to Know if You Have a Birth Injury Case
The state of Rhode Island grants patients the right to sue negligent medical doctors and hospitals when they violate industry standards and, as a result, cause injury to a patient. If the patient is under 18 years old or killed, their loved ones may file a claim on their behalf.
Malpractice cases, especially those involving birth injuries, can be complex. If there is one thing every mother knows about childbirth, it is that it can be unpredictable. This may make it hard for victims to discern whether their injury was a freak accident, a common but unpreventable complication, or the result of negligence.
Our birth injury attorneys are here to help you get an idea about whether you were harmed by negligence. Let's start with what causes these injuries.
Common Causes of Birth Injuries
Many of the negligent causes of birth injuries are things that the mother may have noticed themselves during birth, such as if their OB-GYN or birth team failed to listen to their self-reported symptoms.
Other examples of negligence that can cause birth injuries include:
- Improper administration of an epidural
- Failing to monitor a prolonged or difficult labor
- Failing to monitor for fetal distress
- Failing to promptly address fetal distress
- Failing to perform a timely cesarean section (C-section)
- Failing to consider risk factors, including infections and birth weight
- Using forceps and vacuum extraction one after another, or using either method for too long
Most people know when they received poor medical care. But these individuals may be misled to believe that their traumatic experiences were normal by health care providers.
At Karns & Kerrison, we help clients find clarity about what happened. We know how confusing it can be to suffer a birth injury, especially when you are then told it was unpreventable. If you suspect negligence, we urge you to reach out to our Rhode Island birth injury attorneys for a free, confidential consultation.
Common Types of Birth Injuries
At Karns & Kerrison, we have helped families seek justice after their children suffered birth injuries such as:
- Brachial plexus injury
- Erb's palsy
- Oxygen deprivation
- Cerebral palsy (CP)
- Brain damage
- Hypoxic-ischemic encephalopathy (HIE)
- Broken or fractured bones
- Facial paralysis
- Limb paralysis
- Placental abruption
- Fatal injuries
Our Rhode Island birth injury lawyers have also advocated for mothers injured during labor and delivery. Some of the most common maternal injuries from medical negligence include:
- Excessive blood loss
- Uterine rupture
- Vaginal tears
- Anal fissures
- C-section errors
- Anesthesia and epidural injuries
- Maternal death
Can You Sue for a Birth Defect?
Yes, but take care to note that a birth injury is not the same thing as a birth defect.
A birth injury is often the result of negligence during labor and delivery, meaning it can happen right before birth, while the baby is coming out of the birth canal, or shortly after birth. A birth defect occurs during pregnancy and can be traced back to genetics, drinking alcohol, smoking tobacco, or using other drugs. Both birth injuries and birth defects may also be exacerbated by a mother's risk factors.
If a health care professional's negligence contributed to the severity of the birth defect, you may have grounds to sue. This may mean an OB-GYN misdiagnoses a birth defect as something else or failed to detect it at all, causing it to worsen.
How Much Compensation Can I Recover for a Birth Injury?
The effects of birth injuries can be long-lasting for mother and child alike. If wrongful death occurred, the loved ones of the deceased are left to carry the weight of their loss every day. For these reasons, the law allows injured and wronged individuals to seek compensation for their damages.
A birth injury lawsuit could result in the recovery of damages such as:
- Medical bills
- Rehabilitation, such as physical therapy
- Lost wages, past and projected
- Disability accommodations
- Pain and suffering
- Funeral and burial expenses
Since every case is different, it is hard to give an accurate estimate of the average birth injury settlement or verdict. For a free evaluation of your case, give Karns & Kerrison a call at 401-841-5300.
Work with Acclaimed Birth Injury Attorneys
At Karns & Kerrison, we won't let negligent hospitals, OB-GYNs, nurses, midwives, doulas, and other birth team members continue to injure parents and their children. We are here to support you in taking legal action after a birth injury. With our over 85 years of combined experience, we can handle all facets of your claim on your behalf. From investigation to settlement negotiation, to courtroom advocacy, we will work to get you the best results. Put our capable trial team in your corner.
Contact Karns & Kerrison online to book a free consultation with a Rhode Island birth injury attorney. For your convenience, we have offices in Providence and Middletown.