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Who Will Pay for My Child's Birth Injury in New Jersey?

Who Will Pay for My Child's Birth Injury in New Jersey?

Birth injuries are often a result of medical negligence and medical malpractice. At NJ Injury Guys, we are a leading birth injury law firm in New Jersey. Our team of experienced birth injury lawyers are ready to help. We have successfully litigated birth injury cases for more than 20 years and have recovered millions of dollars for our clients.

We understand the emotional toll that birth injuries can take on families. Our lawyers have extensive experience helping parents deal with the difficult process of recovering for the injuries and financial damages caused by a negligent obstetrician or other health care provider.

Call us today for a free consultation with one of our experienced New Jersey birth injury lawyers.

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What is a Birth Injury?

Birth injuries occur when a baby suffers harm during birth. They may include things such as broken bones, internal bleeding, and nerve damage. These types of injuries happen most often in babies born via cesarean section. However, they can also happen in babies delivered vaginally.

Injuries can affect any part of the baby's body, including:

  • head
  • face
  • arms
  • legs
  • spine
  • chest
  • abdomen
  • pelvis
  • genitals
  • buttocks

There are two main causes of birth injury: 

  • Medical negligence happens when healthcare providers fail to provide adequate care. This can lead to serious injuries.
  • Obstetric complications occur when a mother has problems delivering her baby. For example, she may have an infection, hemorrhage, or placental abruption.

Some birth injuries are preventable. If you suspect that your child was injured during delivery, contact a lawyer immediately.

What Are Common Causes of Birth Injuries?

Every year, about 100,000 babies are born in New Jersey per the NJSHAD. Sadly, birth injuries happen every day. They affect babies and toddlers, and sometimes adults too.

Some of the most common causes of birth injuries include:

  • Premature Labor
  • Cervical Rupture
  • Amniotic Band Syndrome
  • Placental Abruption
  • Umbilical Cord Prolapse
  • Fetal Asphyxia
  • Meconium Staining
  • Neonatal Hypoxic Ischemic Encephalopathy
  • Congenital Malformations
  • Stillbirth
  • Sudden Infant Death Syndrome

Who can Be Held Liable for Birth Injuries in New Jersey?

Birth injuries affect millions of children each year. Unfortunately, birth injuries often go unreported and unnoticed. This means that parents may not seek medical attention for their child until after the injury has occurred.

Parents may not realize that they can hold certain parties responsible for the injuries that occur during childbirth. If you believe that another party caused an injury to your baby, you may be entitled to compensation for your losses. In order to determine whether you have grounds for filing a claim against a third party, you must first understand the law regarding birth injuries.

New Jersey defines a "birth injury" as any physical harm sustained by a newborn infant due to negligent conduct of another person. Negligence occurs when a defendant fails to exercise reasonable care under the circumstances.

Negligent conduct can include failing to provide adequate prenatal care, failure to give proper instructions to the mother prior to labor, failure to monitor fetal health, and failure to properly prepare for delivery. Any negligence that results in a birth injury is considered tortious conduct. Tort claims are governed by strict liability laws. This means that the defendant is held liable regardless of fault.

A parent can file a lawsuit against anyone who was involved in causing the birth injury. However, the parent cannot sue the doctor who delivered the child unless he or she had direct involvement in the injury. Parents can bring several types of lawsuits against third parties who were responsible for causing a birth injury.

These include:

Medical Malpractice

When a doctor performs a procedure negligently, the patient can file a malpractice lawsuit against the doctor. Medical malpractice cases are usually brought within two years of the incident.

Wrongful Death

If a death occurs as a result of a birth injury, the victim's estate can file a wrongful death lawsuit against the third party. Wrongful death actions are typically filed within one year of the death.

Survival Action

If a baby survives a birth injury, the parents can file a survival action. Survival actions allow the injured child to recover damages for pain and suffering experienced between the time of the injury and his or her death.

How Do I Know if the Birth Injury was Caused by Negligence?

Negligence is an unfortunate part of life. Unfortunately, birth injuries happen far too often. If you believe that your child has been injured due to negligence, you may be entitled to compensation. However, determining whether or not negligence occurred can be difficult.

In order to determine whether or not negligence caused your child's injury, you will need to prove three things:

Duty of Care

Before you can establish liability, you must first demonstrate that the defendant owed you a legal duty of care. This means that the defendant had a responsibility to act reasonably under the circumstances. 

Breach of Duty

After demonstrating that the defendant owed you such a duty of care, you must next show that the defendant breached that duty.

Harm

Finally, you must show that the breach of duty actually caused your child's injury. To do this, you must demonstrate that the injury would not have happened if the defendant had acted differently.

Who May be Eligible to File A Birth Injury Claim?

Birth injury claims arise when an infant suffers harm during delivery. This usually occurs when the baby is born too early or too late, has complications during labor, or receives inadequate care after birth. According to the Centers for Disease Control and Prevention (CDC), about 7 out of every 1,000 newborns are born in the US with birth injuries. 

In most cases, these injuries occur because of medical errors committed by doctors, nurses, or other healthcare providers.

However, birth injury claims can also arise when hospitals fail to provide adequate care to expectant mothers. For example, if a mother goes into premature labor, she may receive insufficient prenatal care. As a result, her newborn child may suffer severe health problems.

In such situations, the parents of the newborn child can file a birth injury lawsuit against the hospital or physician responsible for causing the injuries.

If you believe that you may be entitled to file a birth injury lawsuit, contact our law firm immediately. We offer free consultations and accept payment plans to assist clients with filing birth injury lawsuits.

Why Should I Hire a Birth Injury Lawyer to Represent My Case?

Parents of newborns are frequently searching for answers after a birth injury. The answers are often difficult to find because many birth injuries occur as a result of medical negligence. Many times these injuries are preventable. Parents should seek a birth injury lawyer to represent them and their family after a birth injury.

At NJ Injury Guys New Jersey, we understand how traumatic birth injuries can be. That is why we have built a reputation as a premier birth injury lawyer. We handle cases that involve: cerebral palsy, Erb's palsy, birth asphyxia, hypoxic-ischemic encephalopathy, kernicterus and other birth injuries.

  • The first step in any birth injury lawsuit is to determine whether the injury was caused by medical negligence. Medical negligence is a failure to provide the appropriate standard of care for a patient and can include medical malpractice, medical error and professional negligence.
  • The next step is to identify and collect medical records. Often birth injuries are caused by medical negligence that can be revealed by a careful review of the medical records.
  • The third step is to interview witnesses, such as the mother, father and physician. A birth injury lawyer will be able to help you obtain and review the appropriate medical records, which are a vital part of any birth injury lawsuit.

After the medical records and interviews have been obtained, the next step is to file a claim with the insurance company. Birth injury lawyers are skilled at filing birth injury claims with the insurance companies.

How do NJ Malpractice Laws Apply to my Birth Injury Case?

In New Jersey, birth injury claims are governed by strict laws. If you were injured due to medical malpractice, you may qualify for compensation under these laws. However, you must file your claim within two years after the incident occurred. If you were harmed by another person's negligence, you may still be eligible for compensation. This is called "third party liability."

However, filing a lawsuit against an individual does not guarantee that you will win. There are several factors that determine whether or not you will receive any compensation.

Working With a Birth Injury Lawyer in New Jersey

As a parent, you may feel overwhelmed with the challenges of raising a child. Unfortunately, there is a risk that your child will suffer a birth injury from a medical error during childbirth. Birth injuries can significantly impact your child's quality of life and your ability to provide for them. Contact our birth injury attorneys today to find out if you are eligible for compensation for your child’s birth injury.

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Gabriel A. DiLeonardo, Sr., Esq.
Date Published: October 21, 2022
Gabriel DiLeonardo, Esq. is a New Jersey licensed attorney-at-law. He helps people who suffer injuries get justice through personal injury lawsuits.
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This website is by DiLeonardo Law LLC d/b/a NJ Injury Guys. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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