Bergen County Birth Injury Lawyer
A birth injury can change what should be a moment of pure joy and excitement over welcoming your child into the world to one riddled with anxiety and concerns for the future. When birth injuries result from medical malpractice or the neglect of a health care provider to adhere to the proper standards of care, impacted families have the right to seek justice and financial compensation.
The Bergen County birth injury lawyers at the Law Offices of Jeffrey S. Hasson, P.C. are passionate about protecting the rights of those affected by birth trauma. To discuss a specific case at no cost or obligation to hire us, call (201) 645-4374 today or send us a message online.
What is a Birth Injury?
A birth injury or birth trauma can describe any type of harm suffered by a newborn before, during or just after the birthing process. Birth injuries can range from minor cuts and bruises to severe neurological damage from brain or spine injuries.
Labor and delivery come with many potential risks for any mother. If a medical mistake is made, however, this significantly increases the chances of an infant suffering a life-changing birth injury.
Common Medical Mistakes That Can Cause Birth Injuries
A “medical mistake” can refer to any act or omission that a reasonably prudent health care provider would not have made in similar circumstances. In personal injury law, this is known as medical negligence or malpractice.
Examples of medical mistakes that could potentially result in birth injuries in Bergen County include:
- Failing to properly monitor mother and baby
- Misdiagnosing or missing maternal health conditions
- Ignoring or misinterpreting fetal distress signs
- Medication or epidural errors
- Misusing birth-assistive tools (e.g., forceps or vacuum)
- Failing to order an emergency C-section in a timely manner
- Using incorrect or outdated birthing techniques to address complications
- Exerting unnecessary physical force on the infant’s head, neck or arm
- Making surgical or anesthesia errors
- Failing to diagnose or properly treat infant conditions shortly after birth
If any of the health care providers involved in the birthing process make a careless or reckless error, mother and/or child can pay the price. If there is evidence that a medical mistake reasonably should have been prevented, the victim may have grounds for a medical malpractice claim in New Jersey.
Birth Injuries That Can Affect a Child Long-Term
While some birth injuries are minor, such as abrasions that will heal or small bumps to the head, others are severe or catastrophic. This means they will have a long-term or permanent impact on the child, or could even cause fetal death.
Birth injuries that are often involved in Bergen County medical malpractice claims include:
- Oxygen deprivation
- Brain hypoxia
- Hypoxic ischemic encephalopathy (HIE)
- Traumatic brain injuries
- Cephalohematoma
- Face, skull and head injuries
- Eye injuries
- Broken bones
- Cerebral palsy
- Brachial plexus injuries
- Nerve damage or paralysis
- Internal injuries or organ damage
- Jaundice and kernicterus
Serious birth injuries can lead to physical disabilities, cognitive deficits, disfigurement or deformities, paralysis, permanent brain damage, motor function disorders, and many other long-term health complications.
When a Doctor or Hospital May Be Responsible for a Birth Injury
If there is evidence that a health care provider caused or contributed to a birth injury due to negligence during labor and delivery, a medical malpractice claim can most likely be filed against the provider in pursuit of financial compensation for the victim’s losses. “Negligence” means a breach of the duty of care.
Medical professionals are legally obligated to meet certain standards of care according to the rules of the medical industry. They must behave reasonably to prevent foreseeable harm to mother and child during the birthing process. Any action or omission that falls short of these standards of care is grounds for a medical malpractice claim in Bergen County.
Malpractice claims require certain elements of proof. First, a doctor-patient relationship must have existed between the defendant and plaintiff, creating a legal duty of care. Then, the defendant must have fallen short of this duty of care in a way that caused the injury and compensable damages to the plaintiff.
What Parents Can Do After a Birth Injury
If your child has a birth injury due to medical negligence, you have the right to seek financial compensation for related damages as a parent or legal guardian. You can contact a qualified Bergen County injury lawyer to explore your rights and options for holding a health care provider accountable.
Get your child the medical care he or she needs to treat a birth injury from a different doctor. Gather all evidence, documentation and information related to your child’s birth injury and its subsequent costs. Then, bring all of your injury-related documentation to a free consultation with a lawyer near you.
In New Jersey, parents or legal guardians have no more than two years from the date of injury discovery to file a related birth injury or medical malpractice lawsuit. While this may seem like a lot of time, your deadline can approach quickly. In addition, waiting comes with a risk of important evidence getting lost or destroyed.
What Compensation May Be Available for a Birth Injury?
A successful birth injury case in Bergen County has the potential to result in damages or financial compensation for a family’s related economic and non-economic losses. Economic damages are the financial or monetary costs of the birth injury, while non-economic are the intangible, non-financial impacts.
Available compensation can cover:
- Present and foreseeable medical costs
- Ongoing therapies or rehabilitation
- Surgeries, treatments and specialists
- Long-term or permanent disability costs
- Medications and medical devices
- A lifetime of lost potential wages and earnings
- Pain, suffering, emotional distress and mental anguish
- Loss of enjoyment or quality of life
- Wrongful death damages, in a case of fetal death
The value of a birth injury claim varies based on factors such as the extent and severity of the infant’s injuries, the presence of any permanent damage or disability, the number of defendants, and the insurance coverage available.
Speak With a Bergen County Birth Injury Lawyer Today
At the Law Offices of Jeffrey S. Hasson, P.C., our Bergen County attorneys bring together over 90 years of experience in personal injury law. We are here to help you and your family seek justice for the impact a serious birth injury has had on your life.
Find out how we can help you during a free consultation; contact us online or call (201) 645-4374 anytime. We will listen to your birth injury story and explain your family’s rights.