How Long Do You Have to Sue for a Birth Injury?

The birth of a child should be one of the happiest moments in parents’ lives, but when complications that arise during birth harm a child, you may be angry, frightened, and unsure about the future for your family. Serious birth injuries can cause a child to experience a lifetime of disability, pain, special care, and high medical bills.

If your child’s injuries were the result of a physician or other medical professional’s negligence, you may be able to pursue compensation for your losses from the liable doctor or hospital. In most personal injury cases, you have a finite period of time in which to file a lawsuit. This time limit is known as the statute of limitations.

The birth injury lawyers at Mandell, Boisclair & Mandell, Ltd have the knowledge and resources necessary to handle these complex cases. We know the hardships faced by families who have experienced birth injuries. We are dedicated to helping your family seek the full compensation you need to move forward.

What Is the Statute of Limitations for a Birth Injury in Rhode Island?

The amount of time an injured baby has to file a personal injury lawsuit is referred to as the statute of limitations. In Rhode Island, you generally have three years from the time of the wrongful conduct, or the discovery that medical negligence occurred that caused injury, in which to file a medical malpractice claim.  When a birth injury occurs, that period of time is extended until 3 years after the injured child turns 18.

The statute of limitations in Rhode Island can be complicated. In addition to the challenges you are facing at this difficult time, you shouldn’t face the legal process alone. It is in your best interest to work with an experienced birth injury lawyer who will focus on your case so you can focus on your family. 

How Do Birth Injury Lawsuits Work?

If your child suffered an injury during labor or at delivery, your first step toward justice begins with a free consultation with a birth injury attorney. During this initial meeting, you will discuss the details of your experience with a lawyer and learn about your rights and legal options. If the attorney believes you have a potentially, valid claim, and you both agree to move forward together, your lawyer will begin your legal process, which typically includes:

• Investigation: Your attorney will gather evidence to support your claim. He or she will request and obtain pertinent medical records to find out everything possible about your medical consultations, treatments, tests, results, and the events that transpired during labor and delivery. 
• Expert support: Once the appropriate records, documents and radiology imaging have been reviewed, your attorney will seek the support of medical experts to support your claim. In order to establish negligence, medical experts must testify that the conduct of your doctor or medical provider fell below the standard of care and caused your child’s injuries.
• Filing a lawsuit: After essential evidence and expert support have been obtained, your lawyer will file a claim on your behalf. The lawsuit will describe what happened to you and your child, the consequences you have suffered as a result of negligence, and the damages you should recover for your physical, emotional, and financial losses.
• Discovery: During this stage of the process, between the filing of a complaint and trial, both sides of the lawsuit exchange questions and answers about the case. This typically involves depositions (oral testimony) and answers to written questions (interrogatories). If any of the parties denies a request, motions may be filed to force answers.
• Settlement negotiation: Many cases settle before going to trial. While your attorney will work to achieve a fair settlement, the final decision to accept or decline a settlement will be yours.
• Going to trial, if necessary: If a fair settlement cannot be reached through negotiations, you and your attorney may agree that your best course of action is to seek justice in court before a judge or jury. The birth injury lawyers at Mandell, Boisclair & Mandell, Ltd have substantial litigation experience, and know how to prepare and present your case at trial. We have a proven history of success in court and at the negotiation table. We are committed to putting our considerable knowledge and experience to work for you.

Contact a Birth Injury Lawyer in Providence

Birth injury cases are incredibly complex and require the knowledge and skill of a firm that understands the intricacies of both medicine and law. Achieving justice in these difficult cases demands more than just proving your child was injured. You must prove that your doctor or other health care providers were negligent in the duty of care they owed you.

Mandell, Boisclair & Mandell, Ltd has built a reputation for excellence in a range of personal injury cases, including birth injuries. We have earned many million-dollar and multi-million-dollar verdicts and settlements on behalf of our clients. 

See our results. 

If your child was the victim of medical negligence, contact the experienced birth injury lawyers at Mandell, Boisclair & Mandell, Ltd today online or at (401) 273-8330 for a free consultation. We serve clients throughout Providence and across Rhode Island.