Welcoming a baby into the world should be a time of joy and excitement, but for some families in New Jersey, it becomes a devastating experience when a birth injury occurs. Birth injuries can leave parents grappling with overwhelming medical bills, emotional distress, and a lifetime of care for their child. If your child suffered harm due to negligence during childbirth, you may have options for pursuing justice and financial compensation through a medical malpractice claim for birth injuries.
This guide will help New Jersey parents understand birth injuries, their legal options, and the importance of working with an experienced birth injury lawyer.
What Are Birth Injuries?
Birth injuries refer to physical harm or medical conditions that occur during labor or delivery. These injuries may result from natural complications, but in many cases, they are preventable and caused by medical negligence.
Common Types of Birth Injuries
- Brachial Plexus Injuries (e.g., Erb’s Palsy): Damage to the nerves controlling the arm and shoulder.
- Cerebral Palsy: Brain damage caused by oxygen deprivation or trauma during delivery.
- Fractures: Broken bones, often due to improper use of delivery tools like forceps or vacuums.
- Cephalohematoma: Bleeding under the skull caused by excessive force during delivery.
- Facial Nerve Damage: Nerve injuries that can cause partial paralysis of the face.
While not all injuries are the result of medical malpractice, understanding the cause is critical in determining your legal options.
Causes of Preventable Birth Injuries
Birth injuries often stem from mistakes made by medical professionals during pregnancy, labor, or delivery. Identifying these errors is essential when filing a birth injury claim.
Examples of Preventable Causes
- Failure to Monitor Fetal Distress: Ignoring warning signs, such as abnormal heart rates, can result in delayed interventions.
- Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can lead to fractures or nerve damage.
- Delayed Emergency C-Section: Waiting too long to perform a C-section can cause oxygen deprivation, leading to brain damage.
- Medication Errors: Administering the wrong drug or dosage can have severe consequences for both the mother and baby.
- Inadequate Prenatal Care: Failing to identify risk factors during pregnancy, such as maternal infections or preeclampsia, can increase the likelihood of complications.
How to Determine if Medical Malpractice Played a Role
For a successful medical malpractice claim for birth injuries, you must prove that the healthcare provider failed to meet the standard of care expected in New Jersey. This involves showing that their negligence directly caused the injury.
Questions to Ask
Here are some questions you should ask your medical malpractice attorney:
- Was the injury avoidable?
For instance, if the doctor ignored signs of fetal distress, could timely intervention have prevented harm?
- Did the provider follow best practices?
Deviating from established medical protocols is a strong indicator of negligence.
- What are the long-term consequences?
Severe injuries that require lifelong care often point to significant errors during delivery.
An experienced birth injury lawyer can help evaluate your case by reviewing medical records, consulting with experts, and identifying signs of negligence.
The Impact of Birth Injuries on Families
Birth injuries can have devastating physical, emotional, and financial consequences for families. While some injuries are temporary and heal with treatment, others result in lifelong disabilities, requiring extensive care and resources.
Financial Strain
Parents may face mounting medical bills for surgeries, therapies, and specialized equipment. The cost of care for conditions like cerebral palsy can exceed millions of dollars over a lifetime.
Emotional Toll
Parents often experience guilt, anger, and grief when their child suffers a preventable birth injury. Siblings may also feel the effects of family stress and financial challenges.
Planning for the Future
For families facing permanent disabilities, securing compensation through a birth injury claim can provide the resources needed for education, housing modifications, and ongoing care.
Legal Options for Parents in New Jersey
If your child suffered a birth injury, New Jersey law provides legal remedies to help families recover damages. Filing a medical malpractice claim for birth injuries allows parents to hold negligent parties accountable and seek compensation for their losses.
Types of Compensation
- Medical Expenses: Covers past and future treatment costs.
- Pain and Suffering: Accounts for the emotional distress caused by the injury.
- Lost Wages: If a parent must leave their job to care for their child, this loss can be included.
- Future Care Costs: Ensures long-term needs, such as in-home care or therapy, are addressed.
Filing Deadlines
New Jersey’s statute of limitations for medical malpractice claims is generally two years. However, when it comes to birth injuries, the clock may start from the time the injury is discovered, often allowing more time to file. Consulting with an experienced birth injury lawyer ensures you meet all legal deadlines.
Unique Examples of Birth Injury Cases in NJ
To understand your legal options, it helps to look at cases that highlight the complexity of birth injuries and medical malpractice claims.
Example 1: Mismanagement of Shoulder Dystocia
During delivery, a New Jersey doctor mishandled a shoulder dystocia case, using excessive force to free the baby’s shoulder. This caused permanent nerve damage, leaving the child with limited mobility in one arm. An investigation revealed that alternative techniques could have prevented the injury.
Example 2: Delayed Diagnosis of Maternal Infection
A pregnant mother developed an infection late in her pregnancy. Despite clear symptoms, her OB-GYN failed to order timely tests. The infection passed to the baby during delivery, leading to severe complications. The family pursued a medical malpractice claim, uncovering the provider’s negligence in prenatal care.
The Importance of Hiring an Experienced Birth Injury Lawyer
Navigating a birth injury case on your own can be daunting. A skilled birth injury lawyer brings the experience needed to build a strong case and fight for your family’s rights.
How a Lawyer Can Help You Pursue Compensation
- Investigate the Case: Reviewing medical records, consulting medical experts, and identifying negligence.
- Calculate Damages: Ensuring all current and future expenses are accounted for.
- Negotiate or Litigate: Whether it’s settling out of court or going to trial, a lawyer will advocate for the best possible outcome.
Why You Shouldn’t Wait to Take Action
The emotional weight of dealing with a birth injury can make it hard to focus on legal matters. However, acting quickly is essential to protect your rights and secure the resources your family needs. Early legal action allows your attorney to preserve evidence, gather witnesses, and file within New Jersey’s statute of limitations.
Fight for Your Child’s Future with Andres, Berger & Tran: File a Medical Malpractice Claim in New Jersey Today
If your family is struggling after a preventable birth injury in Haddonfield, Voorhees, or Cherry Hill, Andres, Berger & Tran can help you take the next step. Our experienced birth injury lawyers in New Jersey understand the challenges you’re facing and are committed to fighting for the compensation you’re seeking for your child’s injuries.
Call us today at 856-317-6558 or fill out our online contact form for a free consultation. Your child’s future matters. Don’t let negligence go unanswered—reach out today and let us help you secure justice. Together, we can make a difference for your family.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.