The joy and anticipation surrounding the arrival of a newborn can quickly turn into a period of overwhelming distress if the baby suffers an injury during birth. For families in New Jersey facing such heart-wrenching situations, understanding what went wrong is a crucial first step towards healing and seeking justice. This comprehensive guide aims to empower families with the knowledge needed to navigate the aftermath of medical malpractice related to birth injuries, highlighting the importance of understanding your legal rights, and exploring the options available to seek justice.
Understanding Medical Malpractice in Childbirth
Defining Medical Malpractice
In New Jersey, medical malpractice occurs when a healthcare provider deviates from the accepted standards of care in the medical community, leading to harm or injury to the patient. To establish a case of malpractice, it must be proven that the healthcare provider’s negligence directly caused the injury, and that the injury resulted in significant damages to the patient.
Healthcare Providers’ Responsibilities During Childbirth
Childbirth demands vigilant monitoring of both mother and baby by medical professionals. This duty includes responding to distress signals and making critical decisions swiftly. Failure in these responsibilities, leading to an injury, might be considered medical malpractice.
Identifying Birth Injuries and Their Origins
Common Birth Injuries
- Cerebral Palsy (CP): Often results from a lack of oxygen to the baby’s brain (hypoxia) or trauma during labor and delivery, CP affects muscle tone, movement, and motor skills, with varying degrees of severity. Early signs include delays in development milestones, such as not reaching for objects by 4 months or failing to sit up by 7 months.
- Brachial Plexus Injuries: These injuries affect the network of nerves that sends signals from the spine to the shoulder, arm, and hand. Brachial plexus injuries can occur during delivery if the baby’s shoulder is stretched during passage through the birth canal, leading to weakness, loss of muscle function, or paralysis in the affected arm.
- Fractures: The clavicle or collarbone is the most commonly fractured bone during birth, particularly in breech deliveries or when there’s shoulder dystocia. While these fractures generally heal well, the baby may exhibit discomfort or reduced movement in the affected arm.
- Cephalohematoma: This is a hemorrhagic condition characterized by a localized pooling of blood under the scalp’s periosteum, resulting from trauma during birth. While it generally resolves on its own, it can be indicative of underlying skull fractures or signify a difficult delivery process, requiring careful medical evaluation.
- Intracranial Hemorrhage: Intracranial hemorrhage refers to bleeding under the skull or within the brain, which can be catastrophic for newborns. This can arise from physical trauma during delivery, especially in cases of improper use of delivery instruments or excessive force. Symptoms might include seizures, bulging fontanelles, lethargy, and feeding difficulties, necessitating immediate medical attention.
- Spinal Cord Injuries: Though rare, spinal cord injuries can happen during delivery, especially in cases of excessive force or misuse of delivery instruments. These injuries can lead to paralysis, sensory loss, and other severe, lifelong complications.
- Wrongful Death: The most tragic outcome of medical negligence during childbirth is the loss of the newborn, resulting from various factors like severe oxygen deprivation, untreated infections, and severe physical trauma during delivery. Wrongful death not only causes immeasurable emotional pain but also raises serious legal considerations for the grieving family.
Medical Negligence and Preventable Mistakes
Key Areas of Medical Negligence
- Inadequate Prenatal Care: Failing to provide comprehensive care during pregnancy sets the stage for preventable complications.
- Oxygen Deprivation (Anoxia): Not addressing fetal distress promptly can lead to critical conditions such as CP.
- Mismanagement of Cesarean Section: Delaying or unnecessarily opting for a C-section, or failing to perform one despite clear risk factors, can result in significant harm.
- Delivery Instrument Injuries: Incorrect use of delivery aids can cause physical trauma, including fractures and intracranial hemorrhages.
- Monitoring Failures: Overlooking vital signs of the baby or mother before, during, or after delivery can lead to adverse outcomes.
- Diagnostic Errors: Failing to identify fetal issues in utero or at birth, or delaying the diagnosis of infant conditions, can have lasting consequences.
Spotting Signs of Potential Medical Malpractice
Indicators of Malpractice to Watch For
- Developmental Delays: Missing key milestones like rolling over, sitting up, crawling, or walking can be indicative of underlying issues stemming from birth injuries.
- Physical Symptoms: Look for asymmetry in movements, such as favoring one side of the body, or the inability to move certain limbs. This might indicate nerve damage or fractures.
- Neurological Issues: Seizures, excessive fussiness, or lethargy can be indicators of neurological damage stemming from birth complications.
- Feeding Difficulties: Trouble with sucking, swallowing, or breathing during feeding can suggest neurological issues or other injuries sustained during birth.
Legal Framework for Birth Injury Claims in New Jersey
Important Legal Considerations
- Statute of Limitations: Medical malpractice claims must be filed within two years from the date the act of malpractice occurred or when the patient discovered or reasonably should have discovered the injury. For minors, the clock may not start until they reach the age of majority, but this can vary based on specific circumstances.
- Affidavit of Merit: New Jersey requires an Affidavit of Merit for medical malpractice claims, where a qualified medical expert affirms that there is a reasonable probability that the care, skill, or knowledge exercised in the treatment, practice, or work that is the subject of the complaint fell outside acceptable professional or occupational standards or treatment practices.
Initiating Legal Action
Steps to Pursue a Claim
- Documenting Everything: Keep a detailed record of all medical appointments, treatments, and interactions with healthcare providers.
- Medical Records: Obtain all medical records related to prenatal care, labor and delivery, and postnatal care. These documents are crucial for establishing the timeline of care and identifying where the standard of care may have been breached.
- Consult with an Attorney: A medical malpractice attorney can provide invaluable guidance on the legal process, helping to determine the viability of your case and advising on the best steps forward. The Law Offices of Andres, Berger & Tran specializes in medical malpractice and birth injury claims, navigating New Jersey’s legal system and advocating for the rights of injured newborns and their families.
Contact Medical Malpractice Attorneys at The Law Offices of Andres, Berger & Tran Today for a Free Consultation To Discuss Your Birth Injury Lawsuit
At The Law Offices of Andres, Berger & Tran, we understand the profound impact a birth injury can have on your family. With compassion at the heart of our practice, we are dedicated to guiding New Jersey families through the complexities of medical malpractice claims. Our specialized team brings expertise and a commitment to justice, offering personalized legal strategies designed to secure the compensation and support your family deserves.
If you suspect your newborn’s injury was preventable and resulted from medical negligence, do not navigate this challenging time alone. Our experienced attorneys are here to evaluate your case, provide comprehensive legal advice, and tirelessly advocate on your behalf. With a focus on minimizing stress while maximizing outcomes, we ensure your family’s rights are protected every step of the way.
Contact us today for a free consultation to discuss your birth injury lawsuit. Let The Law Offices of Andres, Berger & Tran be your ally in seeking the justice and closure your family needs to move forward.
