Bringing a child into the world should be a time of joy and excitement. Parents dream of their baby’s first moments, their first cries, and the beginning of a beautiful journey together. But when a preventable birth injury occurs, that joy can quickly turn to heartbreak, leaving families facing difficult questions:
- What went wrong?
- Could this injury have been prevented?
- How will this impact my child’s future?
If your child has suffered a birth injury due to medical negligence, you may feel overwhelmed and unsure of what to do next. But you are not alone. Families in New Jersey have legal rights and options to hold negligent providers accountable and seek compensation for their child's needs. Understanding these rights can help you make informed decisions and secure the best possible future for your child.
What Are Birth Injuries?
Birth injuries occur when something goes wrong during labor or delivery, often due to medical mistakes. While some complications are unavoidable, many injuries happen because healthcare providers fail to follow proper procedures or respond to emergencies in time. These injuries can range from mild to severe, affecting a child’s health, development, and quality of life.
Common Birth Injuries and Their Impact
- Cerebral Palsy: Brain damage caused by oxygen deprivation, leading to muscle stiffness, difficulty with coordination, and developmental delays.
- Erb’s Palsy: Nerve damage in the shoulder, often due to excessive force during delivery, which can cause weakness or paralysis in the arm.
- Fractures: A broken collarbone (clavicle fracture) is one of the most common birth injuries, especially in difficult deliveries.
- Facial Nerve Damage: Excessive pressure on a baby’s face during delivery can result in temporary or permanent difficulty with facial movement.
The effects of a birth injury can last a lifetime, impacting not only your child’s future but also your family’s emotional and financial well-being.
How Do Birth Injuries Happen?
While some birth injuries are unavoidable, many occur because a medical professional fails to provide proper care during labor and delivery. In legal terms, this is known as medical malpractice – when a doctor, nurse, or hospital does not follow the accepted standard of care, leading to preventable harm.
Some of the most common causes of birth injuries include:
- Failure to Monitor Fetal Distress: If a baby’s oxygen levels drop or their heart rate becomes abnormal, doctors must act quickly. Delays can lead to brain damage and lifelong complications.
- Improper Use of Delivery Tools: If forceps or vacuum extractors are used incorrectly or with excessive force, they can cause nerve damage, skull fractures, or internal bleeding.
- Delayed Emergency C-Section: In cases where labor is not progressing safely, waiting too long to perform a C-section can lead to oxygen deprivation and serious injuries.
- Medication Errors: Overuse of labor-inducing drugs, like Pitocin, can cause excessive contractions that stress the baby and lead to birth trauma.
If substandard medical care led to your child’s injury, you have the right to seek justice and financial support to help with their ongoing medical needs.
Filing a Birth Injury Claim in New Jersey
Pursuing a birth injury claim is about more than just financial compensation – it’s about holding negligent medical providers accountable and securing the resources your child needs for the best possible future.
Steps to Filing a Claim
- Consult a Birth Injury Lawyer: An attorney with experience in medical malpractice will evaluate your case and explain your options.
- Gather Medical Records: Your lawyer will obtain prenatal, labor, and postnatal records to identify any errors or negligence.
- Work with Medical Experts: Specialists can review the records and confirm whether the standard of care was violated.
- File a Lawsuit: If there is enough evidence, your lawyer will formally file a claim against the negligent healthcare provider.
- Negotiate or Go to Trial: Many birth injury cases settle before reaching court, but if an agreement cannot be reached, your attorney will fight for you in a trial.
Act Quickly: In New Jersey, medical malpractice claims have a statute of limitations, meaning there’s a deadline to take legal action. The sooner you consult a lawyer, the better your chances of building a strong case.
Compensation for Birth Injury Victims
Caring for a child with a birth injury can be emotionally and financially overwhelming. If liability is established, compensation may be available to cover:
- Medical Expenses: Surgeries, therapy, medication, assistive devices, and hospital stays.
- Future Care Costs: Long-term or lifelong medical care, rehabilitation, and specialized education services.
- Pain and Suffering: Compensation for the emotional and physical toll on your child and family.
- Lost Income: If a parent has to reduce their work hours or leave their job to care for their child, compensation may include lost wages.
An experienced birth injury lawyer will carefully calculate these damages to ensure your family receives the support necessary for your child’s future.
How a Birth Injury Lawyer Can Help
Navigating a birth injury case can feel overwhelming, especially while focusing on your child’s well-being. An experienced attorney can ease this burden by guiding you through the legal process and ensuring your case is built on strong evidence.
What a Lawyer Can Do for You
- Case Investigation: Gathering medical records, consulting experts, and identifying where medical negligence occurred.
- Negotiating with Insurance Companies: Insurers may try to minimize claims – your lawyer will advocate for fair compensation.
- Litigation Support: If a settlement cannot be reached, your attorney will be prepared to take the case to court.
- Personalized Legal Guidance: Every birth injury case is unique. Your attorney will ensure you understand your rights and options at every stage.
Having legal representation allows you to focus on your child’s care while your lawyer handles the complexities of your case.
What You Can Do Right Now
If your child suffered a birth injury, taking early action can strengthen your case and ensure you get the support you need. Here are a few important steps to take:
- Seek Medical Attention: Get a full medical evaluation to understand your child’s condition and treatment options.
- Keep Detailed Records: Document symptoms, medical treatments, and how the injury affects daily life.
- Consult a Lawyer as Soon as Possible: Don’t wait – the sooner you seek legal guidance, the stronger your case will be.
- Identify Witnesses: If family members, nurses, or other individuals were present and witnessed medical errors, their testimony may be valuable.
Taking these steps now can help protect your child’s rights and pave the way for justice and financial support.
Taking Action When It Matters Most
A birth injury can change your family’s life, but you don’t have to face this alone. Legal action can provide the resources and support your child needs, while also holding negligent medical providers accountable.
Contact The Law Offices of Andres, Berger & Tran Today
If your child suffered a birth injury due to medical negligence, you may be unsure of what to do next. Seeking legal guidance can help you understand your rights and explore your legal options for pursuing compensation to help with your child’s medical care and future well-being.
At The Law Offices of Andres, Berger & Tran, we are dedicated to advocating for victims of medical malpractice and helping families navigate these complex cases. Our attorneys have extensive experience handling birth injury claims and will work to hold negligent healthcare providers accountable.
Call us today at 856-317-6558 or fill out our contact form for a free consultation. We will review your case, explain your options, and guide you through the legal process.
We proudly represent families in Voorhees, Haddonfield, Collingswood, Gloucester City, and throughout New Jersey.
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.