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a baby suffers a birth injury | Mandell, Boisclair and Mandell, Ltd
June 24, 2022

What Does a Birth Injury Lawyer Do?

Birth injuries are alarmingly common. Many of these injuries can be avoided with proper medical care. If your child has been diagnosed with a birth injury, it is important to know your family’s legal rights, and this begins with scheduling a free consultation with an experienced birth injury lawyer.

The Providence birth injury lawyers at Mandell, Boisclair & Mandell, Ltd. have extensive experience with these difficult cases. We’ve helped families pursue justice after a birth injury in Rhode Island for more than 45 years. If your child suffered an injury at the hands of a medical professional before, during, or after birth, we want to hear your story.

Seven Ways a Birth Injury Lawyer Can Help Your Family

A qualified, birth injury lawyer can help when your child is diagnosed with a serious medical condition before, during, or after delivery. Some of the most important ways an attorney can help include: 

1. Determining the Cause of Your Child’s Birth Injury 

It is important to understand the cause of your child’s birth injury. This can help you make an informed decision about your child’s future treatment needs, where to take your child for treatment, and how you will need to plan for any financial burdens your family may be forced to carry. Our Providence birth injury lawyers can assist with obtaining a comprehensive diagnosis and treatment plan from an independent medical professional who has your child’s best interests in mind. 

2. Determining if Medical Malpractice Played a Role in Your Child’s Injury

Once your lawyer determines the cause of your child’s birth injury, he or she can then advise you about pursuing a claim for medical malpractice. If your OB/GYN or other healthcare provider should have prevented your child’s injury—or mitigated its effects—your family may be entitled to financial compensation. 

3. Calculating the Lifetime Costs of Your Child’s Birth Injury 

From medical bills to chronic pain and permanent disabilities, the financial and non-financial costs of birth injuries can be substantial. To make an informed decision about asserting your family’s legal rights, you need to know how much your family may be able to recover if you decide to move forward. An experienced birth injury lawyer will be able to use his or her experience to provide a preliminary assessment of your family’s claim, and then your lawyer will be able to work with experienced medical and financial professionals to fully document your family’s losses. 

4. Helping You Decide Whether to File a Claim 

Based on the cause of your child’s birth injury and your family’s long-term costs, your lawyer can help you make an informed decision about whether to file a claim. Your attorney will be able to explain the process in detail and answer any questions you may have to help you feel comfortable and confident in your decision. 

5. Dealing with the Doctor’s or Hospital’s Insurance Company 

If you decide to file a claim for your child’s birth injury, your lawyer will deal with the doctor’s or hospital’s insurance company on your behalf. Your attorney will keep you informed as the process progresses and seek your input when necessary. 

6. Gathering Evidence to Strengthen Your Case 

Filing a successful birth injury claim requires both proof of liability (i.e., that a doctor committed medical malpractice) and proof of damages (i.e., how much your family is entitled to recover). Relying on his or her experience, your lawyer will gather and present all necessary evidence to firmly establish your family’s right to just compensation. 

7. Negotiating on Your Family’s Behalf (and Going to Court When Necessary) 

The substantial majority of successful birth injury claims settle. If the insurance company makes an offer, we will discuss the offer with you in detail. If the insurance company refuses to make a fair offer, we will help you make an informed decision about taking your family’s claim to court. 

Schedule a Free Consultation with a Providence Birth Injury Lawyer

To learn more about filing a birth injury claim in Rhode Island, we encourage you to contact our office right away. Initial consultations are FREE of charge, so it won’t cost you anything to discuss your case with a Providence birth injury lawyer.

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Contact Mandell, Boisclair & Mandell, Ltd. today online or at (401) 273-8330 to schedule a free consultation with a Rhode Island birth injury lawyer at our Providence law offices today.