New Jersey
Birth Injury Attorney

If you or your child suffered an injury during birth, you could be entitled to significant compensation for medical bills, future lost wages, pain and suffering, and other damages. Contact the experienced New Jersey birth injury attorneys at Meirowitz & Wasserberg, LLP, to learn about New Jersey birth injury law, your potential legal options, and how we can work together to get you a fair settlement or just court verdict.

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A birth injury is an injury that occurs to a child or their mother during birth. Complications during childbirth can be traumatic for you and your child, and it is even more traumatizing when medical errors cause your child’s injuries or death. Complications during childbirth may be unavoidable, but often they result from errors by medical professionals. 

The results are often devastating and costly, leading to a lifetime of expensive care. If you or your child experienced birth complications due to mistakes by doctors, nurses, or another party, you deserve compensation for your current and future expenses and pain and suffering.

Birth injury cases are complex. You must determine whether to sue the doctor, nurses, hospital, or other parties. In most cases, you will deal with medical malpractice insurers pushing to pay little to no compensation. Unfortunately, you must take this burden while dealing with the consequences of your or your child’s injury.

You don’t have to fight alone. Contact the experienced New Jersey birth injury attorneys at Meirowitz & Wasserberg, LLP, so that we can provide a free case evaluation.

Benefits of Hiring Meirowitz & Wasserberg for New Jersey Birth Injury Cases

At Meirowitz & Wasserberg, LLP, we fight for people, not corporations. Our personal injury lawyers have decades of combined experience and have secured over $100 million in verdicts and settlements for our clients. Our case results include multiple personal injury awards in the hundreds of thousands of dollars.

Several of our attorneys are recognized as Super Lawyers based on peer reviews and achievements and are ranked in the Top 100 Trial Lawyers by National Trial Lawyers. We are proud of our membership in the American Association for Justice and that our clients take the time to note our dedication and compassion.

You need a respected, fierce legal team to succeed in a New Jersey birth injury case. Call Meirowitz & Wasserberg, LLP, today so we can start building your personalized strategy.

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The Legal Process for New Jersey Birth Injury Cases

The Birth injury case process begins with you discussing the birth experience and the harm suffered. It can be difficult to talk about your or your child’s injuries, but it’s critical to your case. We listen and ask questions with compassion and respect for every client.

We will investigate your case painstakingly to determine who was at fault and how the injury happened. We will leave no stone unturned in determining every factor contributing to the birth injury. 

Once we determine the responsible parties, we will notify them and their insurance companies of legal action. They may ask for depositions as part of settlement negotiations. We will be by your side every step of the way to protect your rights, and we will present a solid case during settlement negotiations for the compensation your family deserves.

If we cannot settle with the other party regarding your birth injury lawsuit, we’ll fight on your behalf in court. Our experienced attorneys will be by you for every step through your birth injury or New Jersey wrongful death case.

The Importance of Hiring an Experienced Attorney for Your Case

Doctors and hospitals are covered by insurance companies that do business to make money. They will try to get you to settle for an amount that is less than you deserve or trick you into accepting responsibility for your or your child’s injuries. Our New Jersey birth injury attorneys at Meirowitz & Wasserberg are well-versed in insurance companies’ tactics, and we will fight them at every step.

An experienced legal team can also help determine who is at fault. You may blame only your doctor, but nurses, hospitals, and medical instrument manufacturers might also be liable. Our team will help you identify every party that played a part in your birth injury experience. 

In New Jersey, you must file an affidavit from another medical professional stating that there is a reasonable probability that your or your child’s care fell outside of acceptable standards. Our experienced birth injury team will help you secure this evidence.

What Types of Compensation Are Available in New Jersey Birth Injury Cases?

You or your child might have short- and long-term problems related to birth injuries. To make sure you can take care of immediate needs and address both your long-term prospects, our attorneys will fight for compensation including the following, among other things:

  • Current and ongoing medical expenses
  • Special equipment
  • Physical therapy
  • Education assistance
  • Diagnostic testing
  • Lost current and future income

Your Meirowitz & Wasserberg, LLP, New Jersey medical malpractice lawyer will also seek non-economic compensation, including damages for pain and suffering.

NJ birth injury

Types of Birth Injuries

Your child could suffer from several different birth injuries due to someone else’s actions or negligence. Some of the more common injuries include the following:

  • Cerebral palsy
  • Erb’s palsy
  • Brain damage
  • Hypoxia
  • Klumpke’s palsy
  • Fractures, most commonly of the collarbone
  • Facial paralysis
  • Caput succedaneum, or significant swelling of scalp tissue
  • Subconjunctival hemorrhage
  • Bruising caused by forceps
  • Brachial palsy due to injuries to the nerves of the arms and hands

Some common birth injuries to the mother include the following:

  • Uterine ruptures
  • Extreme hemorrhaging 
  • Vaginal tears
  • Infections
  • Preeclampsia 
  • Placental abruption

What Causes Birth Injuries?

Your health care professionals owe you and your child a duty of care when you give birth. When their actions fall below the standards of what the average physician in their field would do, you have a case for medical negligence or malpractice.

Even a mistake made during your birth can reach the level of medical negligence, such as applying too much pressure with forceps. The following are some common medical errors that cause birth injuries:

  • Failure to monitor the child properly during the birth process
  • Failure to identify a high-risk pregnancy
  • Failure to recognize and respond to fetal distress
  • Failure to do a timely C-Section
  • Misdiagnosis
  • Medication errors
  • Failure to recognize and respond to maternal distress
  • Improper use of instruments, including vacuums and forceps
  • Anesthesia errors
  • Surgical errors

If you or your child have a birth injury due to a medical mistake or negligence, contact the knowledgeable birth injury legal team at Meirowitz & Wasserberg, LLP, for a free consultation.

New Jersey Hospitals

There are more than 70 hospitals in New Jersey. Whether the birth injury occurred in a large or small hospital, you have a claim for medical malpractice or wrongful death if your child was injured or died during birth. Some of the hospitals across the state include the following:

Birth Injuries in New Jersey FAQs

Never hesitate to ask questions of your birth injury attorney in New Jersey. Here are some of the more common questions we hear from our clients.

What Is the Statute of Limitations for Filing a Birth Injury Lawsuit in New Jersey?

Under New Jersey law, medical malpractice lawsuits generally must be filed within two years of the injury date or two years from the date the plaintiff reasonably could have known there was an injury.

However, New Jersey recognizes that birth injuries sometimes aren’t apparent right away. Thus, the state allows cases for the baby’s birth injuries to be filed by your child’s 13th birthday. For injuries to the mother, the two-year deadline applies.

In addition, if the birth injury has resulted in the death of the baby or the mother, a wrongful death lawsuit must be filed within two years of the death. 

Whatever the deadline, filing your claim as soon as you know of the injuries is crucial so your legal team can find witnesses and secure medical records.

Can I File a Birth Injury Lawsuit Against a New Jersey Midwife or Home Birth Provider?

You can file a birth injury lawsuit against a New Jersey midwife or home birth provider. Our birth injury attorneys are well-versed in midwives’ regulatory and legal responsibilities and know how to prove their actions contributed to you or your child’s injuries.

How Much Does it Cost to Hire a Birth Injury Attorney in New Jersey?

At Meirowitz & Wasserberg, LLP, we offer a free initial case consultation to determine how to proceed.

We work on a contingency basis when we take your case, so we don’t collect anything unless you receive a settlement or jury verdict for damages. Our fees and costs are deducted from any recovery you receive.

What Types of Damages Can I Recover in a Birth Injury Lawsuit in New Jersey?

You can collect economic and non-economic damages in a birth injury lawsuit in New Jersey. Economic damages include quantifiable losses, including medical bills, costs of ongoing care, and current and future lost wages. Non-economic damages include those that are harder to quantify, like emotional distress and pain and suffering. An experienced New Jersey birth injury lawyer can help ensure you collect payment in every area you and your child deserve.

Can You Sue a Hospital for Negligence in New Jersey?

You can sue a hospital for negligence in New Jersey, as well as doctors, nurses, and others who may have played a part in your or your child’s birth injuries. You do not have to pick one entity while we build your case. We can sue for damages from any parties that contributed to your losses.

Get Help From a Respected, Committed Birth Injury Lawyer in New Jersey

Birth injury cases are complex, and you may have to take on deep-pocketed hospitals and medical malpractice insurers to collect the damages your family deserves. Our attorneys at Meirowitz & Wasserberg, LLP, have intricate knowledge of New Jersey birth injury law, and they never back down from a fight.

Don’t wait to seek legal representation if you or a loved one has experienced a birth injury in New Jersey. Contact us for a free consultation and learn more about your legal options. Our experienced New Jersey birth injury lawyers are dedicated to fighting for our client’s rights and helping them recover the compensation they deserve. Call us now at 908-998-2000 or visit our website to schedule your consultation.

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