New Jersey Birth Injury Lawyer
A birth injury is any injury to a mother and/or her child during the childbirth process. Attending physicians and other medical professionals assisting with a birth must uphold an acceptable standard of care to prevent birth injuries. When a mother or her child or both suffer an injury due to negligence, the victims can recover compensation for their damages through medical malpractice claims against the responsible parties. If you or your child experienced an injury when you gave birth, contact a compassionate New Jersey birth injury lawyer at Meirowitz & Wasserberg, LLP, today to schedule a free consultation.
Types of Birth Injuries
Birth injury cases can arise from several types of injuries, including:
- Cerebral palsy. This condition affects about 800,000 people in the United States and happens due to brain damage. Oxygen deprivation, infections, and fetal distress can lead to cerebral palsy, a condition that can impair motor functions and cognitive development. Cerebral palsy is not a progressive condition, so it will not worsen with time, but the damage can be extensive and extremely debilitating.
- Brachial plexus/Erb’s palsy. Doctors must use extreme caution when extracting an infant from a mother’s birth canal. If the mother’s anatomy prevents safe extraction, the doctor should recommend a Caesarean procedure for safe delivery. Brachial plexus can occur if a baby’s shoulders cannot safely clear the mother’s birth canal, or if a doctor uses excessive force when extracting the baby. If the nerves of the upper arm suffer considerable damage, the baby may develop Erb’s palsy, which can include numbness, weakness, or complete paralysis in the affected arm.
- Maternal injuries. Mothers may suffer serious injuries during childbirth if attending doctors fail to properly monitor their patients and move to different treatment methods when necessary. Poor monitoring, surgical mistakes, anesthesia errors, and failure to account for a mother’s drug allergies can all lead to serious injuries such as uterine ruptures and extreme hemorrhaging.
- Surgical instrument injuries. Some doctors may require the use of surgical instruments such as forceps or vacuum extraction devices to successfully complete childbirth procedures. Improper use of these tools can cause cuts, bruises, even traumatic brain injuries to infants.
This is not an exhaustive list, and a mother and/or her child can suffer injuries due to negligence during the childbirth process in numerous situations. When these injuries occur, the victims can hire a New Jersey medical malpractice lawyer and file malpractice claims to hold the responsible parties accountable for their actions.
Filing a Lawsuit for a Birth Injury in New Jersey
A birth injury lawsuit falls under the purview of medical malpractice law. To succeed in a medical malpractice claim, a plaintiff must prove that a doctor-patient relationship existed between the defendant and the plaintiff. Next, the plaintiff must show the court that the defendant was negligent and his or her negligence directly caused the birth injury in question. Finally, the plaintiff must provide evidence establishing the extent of the damages resulting from the defendant’s negligence.
Some birth injuries such as cerebral palsy can lead to lifelong complications and developmental challenges for young children and providing care for children afflicted with different birth injuries can be expensive. Plaintiffs in medical malpractice claims for birth injuries can secure compensation for any additional medical expenses they incur because of a defendant’s negligence, as well as compensation for lost income if a birth injury results in the plaintiff missing time from work. When a birth injury results in long-term or permanent complications, the plaintiff and her New Jersey birth injury lawyer can sue for the ongoing costs of necessary treatments as well as the pain and suffering resulting from the situation.
Meirowitz & Wasserberg, LLP | Caring Birth Injury Attorneys in New Jersey
If you or a loved one recently experienced any type of birth injury in New Jersey, reach out to the team at Meirowitz & Wasserberg, LLP, today by calling (833) 726-6326 to schedule a free consultation with one of our attorneys. Our reliable New Jersey personal injury lawyers have helped countless past clients recover compensation in all types of civil actions, and our clients do not pay legal fees unless we win.