Was My Baby’s Birth Injury Preventable?

Thousands of newborns experience injuries while being delivered in the United States every year. Studies published by the National Institutes of Health have found that there are nearly 30 injuries per 1,000 live births. While that may sound small, across millions of births in the U.S. yearly, those numbers add up, particularly for the families whose first days are marked by fear instead of elation. This is made all the more devastating when considering that a majority of birth injuries are preventable.

Thousands of babies are born in Rhode Island every year. When something goes wrong, families deserve answers, respect, and justice. Unfortunately, these are not things readily offered up by doctors and hospitals. More often, families dealing with preventable birth injury are met with excuses and justifications, or worse yet, silence.

When you suspect your child’s birth injury was preventable, an attorney can help by investigating what happened and holding all of those responsible to full account. At Mandell, Boisclair & Mandell, our Providence birth injury lawyers have spent more than 45 years helping families dealing with the consequences of medical negligence. If you believe your child was harmed during labor or delivery, we’re here to listen to your concerns, discuss your rights and options, and guide you toward the best course of action.

Talk to a Preventable Birth Injury Lawyer for FREE

To schedule a FREE and confidential consultation with one of the birth injury attorneys at Mandell, Boisclair & Mandell, call 401-273-8330 today. Located in Providence, we assist families dealing with preventable birth injury throughout the state.

What Are the Most Common Types of Preventable Birth Injury?

Birth injuries can range from fairly minor and recoverable conditions to world-shattering events that require a lifetime of care. Some of the most common types of preventable birth injury are:

• Hypoxic-Ischemic Encephalopathy (HIE). A brain injury from insufficient oxygen or blood flow around the time of birth, HIE occurs in roughly one to three per 1,000 births and is associated with risks of cerebral palsy, developmental delay, and epilepsy.
• Brachial Plexus Injuries. Nerve injuries like Erb’s palsy that affect the shoulder and arm occur in 0.4 to three out of 1,000 births and can result in muscle weakness and atrophy, joint stiffness, limb length discrepancy, and permanent deformities.
• Trauma-Related Injuries. Fractures, scalp and skull injuries, and lacerations are among the most common birth injuries. These can result in physical and cognitive disabilities, including cerebral palsy, seizures, and increased risk for serious infection.

Birth asphyxia, which can occur due to umbilical cord problems, improper monitoring, and failure to take proper action during complicated deliveries, remains one of the most devastating types of preventable birth injury. It can lead to a host of developmental delays, increase risks for seizures, cause sensory impairment, and require a lifetime of special care.

How Can I Tell if My Child’s Birth Injury Was Preventable?

Unlike birth defects, which are typically congenital, birth injuries most often occur during labor or delivery. Defects are unavoidable. Injuries are preventable when proper care is provided. Proving negligence is not, however, a simple task.

Proving your child’s birth injury was preventable requires a careful review of prenatal records, labor and delivery documentation, monitor strips, imaging, neonatal charts, and more. In some cases, these reviews will necessitate input from independent obstetrics, neonatology, and nursing experts who will look to determine if:

• Warning signs were ignored. For example, sustained signs of fetal distress without appropriate escalation or timely delivery.
• The response to shoulder dystocia was sufficient. Shoulder dystocia is unpredictable, but the proper response can reduce the risk of injury. By contrast, the wrong response increases the risk of nerve damage.
• Instruments were used improperly. The use of delivery tools requires adherence to strict criteria, proper placement, and avoiding stacked attempts.
• Preventative steps were missed. Some delivery complications can be predicted through proper prenatal care. Failure to follow protocol increases the risk of infant harm.

Because emergencies can unfold quickly during labor and delivery, and some injuries can happen despite good care, the question of whether or not the standard of care was upheld is central in preventable birth injury claims. Having a qualified legal team analyze the details of pre- and postnatal care helps to ensure this question is answered and those who have harmed your child are held accountable for their negligence.

What Role Does a Preventable Birth Injury Attorney Play?

Your birth injury lawyer will play a central role in evaluating the care you received to determine if negligence played a role in your child’s condition. This can include:

• Medical Investigation: A complete review of medical records, sometimes with the assistance of external and impartial medical experts.
• Standard-of-Care Analysis: An evaluation of whether accepted practices were followed, such as proper emergency response to fetal distress, correct application of shoulder dystocia maneuvers, appropriate use of vacuums and forceps, and adherence to prevention protocols like GBS screening and universal bilirubin testing.
• Causation and Prognosis Evaluation: Linking deviations in care to your child’s injury and forecasting future needs for therapies, equipment, schooling, home modifications, attendant care, and more.
• Calculating Damages: Present and future medical expenses, in-home support, special education, lost earning capacity, and the very real impact on family life must all be considered when calculating damages.
• Fighting for Full Compensation: Through negotiations or, when necessary, a trial, a birth injury lawyer will do everything possible to secure the fair and full compensation your family needs.

Mandell, Boisclair & Mandell has been representing families in Providence and throughout Rhode Island for nearly 50 years. Focusing on medical negligence cases, including preventable birth injury, we have secured millions in verdicts and settlements for our clients. Nationally recognized as one of the Best Law Firms in America, our experienced and dedicated attorneys care deeply about each client we take. Endless in our support and tireless in our pursuit of justice, we are here to hold negligent healthcare providers accountable and to help families dealing with the consequences of birth injury secure the compensation they need to give their child the very best life possible.

Speak to a Preventable Birth Injury Lawyer in Rhode Island for FREE

If your child was injured during labor or delivery and you suspect the harm was avoidable, contact Mandell, Boisclair & Mandell online or call our Providence office today to schedule your FREE case review with one of our preventable birth injury lawyers. We help families living throughout Rhode Island and nearby areas of Massachusetts seek justice following injury from medical negligence.