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Day: August 26, 2025

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New England Medical Malpractice Blog

The birth of a child should be an overwhelmingly happy occasion for parents. However, when children sustain injuries during birth, it can make the day unforgettable for all the wrong reasons.

Birth injuries caused by medical malpractice can result in severe medical conditions and permanent disability for the child, and significant medical bills and emotional trauma for the parents. If your child sustained a birth injury caused by improper treatment or care leading up to or during birth, you may be entitled to compensation.

Initial Consultation with a Medical Malpractice Lawyer

The first step in a medical malpractice case in Rhode Island is seeking a consultation with a qualified lawyer. During your initial consultation, the lawyer will review the facts of your case, discuss your child’s injury, explain who could be liable, and walk you through your options for seeking compensation.

To prepare for this consultation, you should gather medical records, healthcare provider notes, hospital discharge papers, and other information about your child’s condition. The more documentation you have, the better the attorney can evaluate your case.

Investigation and Expert Testimony

Once you hire a lawyer to handle your case, they’ll conduct a thorough investigation into the cause of your child’s birth injury. This investigation may include speaking to hospital staff, reviewing your medical records and other documents, and discussing your case with medical experts.

Medical expert testimony is crucial for medical malpractice cases. Your lawyer will likely get a medical expert to testify about whether malpractice occurred and how it occurred. Malpractice refers to when a medical provider (doctor, nurse, or other supporting medical staff) fails to uphold the standard of care they were legally required to provide you and your child.

Filing Your Lawsuit

If your lawyer and the medical expert determine that malpractice likely occurred, it’s time to file your lawsuit. Rhode Island’s statute of limitations gives victims three years to file lawsuits in Medical Malpractice cases.

Your lawyer can file your lawsuit on your behalf to make sure you don’t miss this crucial deadline. Missing the filing deadline usually results in the courts barring victims from seeking the compensation they need.

The Discovery Phase

After your lawsuit is filed, your case will enter the discovery phase. During this phase, both parties to the lawsuit will exchange information, and the medical provider’s lawyers may request that you sit down for a deposition or answer interrogatories.

A deposition is an in-person question-and-answer session conducted under oath. An interrogatory is similar, but conducted through written questions and answers. Your lawyer can help you prepare for your deposition or interrogatories and will be present during them.

Settlement Negotiations

Most birth injury malpractice cases end with a negotiated settlement before going to trial. After the discovery phase, your lawyer will attempt to negotiate a fair settlement with the at-fault medical provider’s insurance company that considers your child’s future medical costs.

Insurance companies sometimes use bad-faith tactics to get a leg up during settlement negotiations. This is why it’s vital that you hire an attorney with extensive experience handling medical malpractice cases and dealing with insurance companies.

Taking Your Case to Trial

Finally, if the medical provider’s insurance company doesn’t offer a fair settlement, your lawyer can take your case to trial to seek the maximum compensation. While trial is often a last resort, it’s important to prepare for the possibility that it will be necessary from the start.

Contact Our Rhode Island Medical Malpractice Lawyers If your child sustained injuries during birth, contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation with an experienced Rhode Island medical malpractice lawyer. Our lawyers will review the circumstances of your child’s birth injury and explain which parties we may be able to hold financially liable through a medical malpractice lawsuit.

If a medical provider’s negligence caused you to sustain injuries, you may be able to hold them financially liable through a medical malpractice lawsuit.

Medical negligence refers to a healthcare provider’s failure to uphold the standard of care they are legally required to provide to patients, resulting in injury. However, demonstrating that medical negligence occurred can be difficult and involves proving four key factors: The medical provider owed you a duty of care, they breached that duty, their breach caused your injuries, and your injuries resulted in actual losses and a right to damages.

Proving a Duty of Care

A duty of care is a legal requirement for an individual or organization to protect those in their care from harm. All medical providers have an inherent duty of care toward their patients, so proving this first element of a medical malpractice claim is often the easiest part.

To prove that the provider who injured you owed you a duty of care, we simply have to show that you were their patient. We can do this by providing a contract you signed before a medical procedure or a bill you received for the procedure.

Examples of medical providers who may owe you a duty of care include:

  • Doctors
  • Nurses
  • Surgeons
  • Physical therapists
  • Anesthesiologists
  • Dentists
  • Pharmacists
  • Hospitals
  • Urgent care facilities
  • Pharmacies

Proving a Breach of Duty

Proving that a medical provider breached their duty of care can be the most challenging part of a medical malpractice case. This is because not every injury caused by a medical provider results from a breach of duty.

For example, many medical treatments or surgeries have the potential to go wrong even if the doctor does everything right. Likewise, medications have adverse side effects that may harm some individuals. In these cases, a breach of duty may not have occurred.

A breach of duty means the medical provider deviated from the expected treatment a reasonable provider would have administered. To prove this is the case, Rhode Island courts generally require expert testimony from another qualified medical professional to support your claim.

Proving Causation

After proving that the medical provider breached their duty of care, you must then prove that their breach caused your injuries. The medical provider or their insurer may try to claim that your injuries are unrelated to the breach or that they were pre-existing. However, a skilled medical malpractice lawyer can gather evidence that shows how the breach directly led to your injuries.

This evidence may include further testimony from medical professionals, eyewitness statements from supporting medical staff present during your treatment, statements from your family or friends about your condition before and after the procedure, photographs of your visible injuries, and notes found within your medical records.

Proving Damages

Finally, you must prove that your injuries led to losses entitling you to damages. Damages are the compensation sought for losses, which are the negative consequences of an injury.

For example, if your doctor failed to diagnose a serious illness and the illness worsened because you didn’t receive timely medical intervention as a result, you may have suffered losses. These losses could include the cost of medical treatment for your worsened condition and the emotional distress you experienced because of the ordeal.

Or, if a pharmacist gave you the wrong medication that caused you to require emergency care, you could seek compensation for the emergency treatment costs you incurred.

Contact Our Rhode Island Medical Malpractice Attorneys

If you believe you were the victim of medical malpractice in Rhode Island, contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation with a knowledgeable and experienced injury attorney. During your initial consultation, we’ll review your case and walk you through how we can help you seek compensation for your injury caused by medical negligence.

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