New Jersey Birth Injury Lawyer
The birth of your child should be a joyous and momentous occasion, not a cause for concern and great suffering for your family. If your infant was affected by a birth injury due to medical negligence or malpractice in New Jersey, it’s important to explore your legal rights with help from an experienced attorney.
At the Law Offices of Jeffrey S. Hasson, P.C., our birth injury lawyers can help families in Teaneck, Bergen County, Union City, Newark and throughout New Jersey seek justice and fair financial compensation for serious or life-changing birth injuries. Contact us today to start your case with a free consultation with a lawyer near you.
What Qualifies as a Birth Injury?
A birth injury describes harm suffered by an infant (or mother) during the labor and delivery process or shortly after delivery. It can refer to many types of birth trauma, ranging from minor to severe. Birth injuries have the potential to cause serious, long-lasting and permanent harm and disability to innocent newborns.
A birth injury is not the same as a birth defect. A birth injury refers to trauma to an infant during the birthing process, while a birth defect is an abnormality that is present in the infant at birth. Birth injuries can often be traced back to medical negligence or malpractice, while birth defects can have genetic, environmental or unknown causes.
Common Causes of Birth Injuries in New Jersey
Birth injuries in New Jersey are often a sign that a health care professional failed to act or behave in a manner that a reasonably prudent medical provider would have in the same circumstances; in other words, that the provider was negligent.
Common examples of medical negligence that can cause harmful birth injuries include:
- Failure to monitor for fetal distress
- Misuse of forceps or vacuums
- Failure to recommend a C-section
- Delayed C-sections in emergencies
- Surgical mistakes during C-section delivery
- Improper techniques used during a complicated birth
- Lack of communication among the medical team
- Maternal condition misdiagnosis or failure to diagnose
- Medication or anesthesia errors
- Inadequate after-care for mother or baby
Medical malpractice can refer to any type of conduct that falls below the accepted standard within the industry for physicians, surgeons, OBGYNs, nurses and other licensed providers. These are just a few examples of the many problems, errors, and mistakes that could lead to a serious birth injury in New Jersey.
Types of Birth Injuries Caused by Medical Negligence
Infants are vulnerable to various injuries during the birthing process – especially if one or more of the involved health care providers falls short of the standard of care.
Common types of birth injuries caused by medical negligence include:
- Brachial plexus injury
- Brain hypoxia or anoxia (lack of oxygen)
- Broken bones
- Cephalohematoma
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Maternal injuries or infection
- Nerve damage or paralysis
- Scalp and face injuries
- Soft-tissue injuries
- Traumatic brain injuries
The signs of a birth injury may be obvious or hidden, and immediate or delayed. As soon as a parent suspects that something is wrong with their newborn, they should get professional medical care from a different doctor or hospital in New Jersey.
How Doctors and Hospitals May Be Responsible for Birth Injuries
If a birth injury in New Jersey most likely would not have occurred were it not for the negligence of an individual health care provider, medical team, or hospital or birthing center, the victim or child’s family may have grounds to file a personal injury claim in pursuit of damages or financial compensation.
Four key elements must be established for a successful birth injury case:
- The defendant owed a professional duty of care to the plaintiff as their medical provider.
- The defendant breached or failed to meet the duty of care.
- The defendant’s breach or violation of duty caused a patient injury or death.
- The plaintiff suffered compensable damages as a result of the breach.
Typically, there must be evidence that a doctor-patient relationship existed between the plaintiff and defendant, and that the health care provider named in the lawsuit fell short of the applicable standard of care in a way that caused the birth injury.
How a Birth Injury Can Affect a Child and Family
Birth injuries have the potential to cause long-term and permanent disabilities, disfigurement, and debilitation to vulnerable infants. Depending on the specific diagnosis and severity of the infant’s injury, the child could experience lifelong physical, cognitive or emotional effects.
A permanent condition, such as cerebral palsy, for example, can be life-altering for a baby, resulting in significant challenges for the victim and victim’s family. Serious birth injuries can cost hundreds of thousands of dollars in medical care, creating a significant financial burden on the household.
In addition, the child may never be able to enjoy a “normal” daily life; independence, participation in hobbies and activities, and the ability to earn a living wage may all be impacted. Significant anxiety, depression, emotional distress, and mental health disorders may also accompany birth injuries.
What Compensation Is Available in a New Jersey Birth Injury Claim?
At the Law Offices of Jeffrey S. Hasson, P.C., we have enough experience handling medical malpractice and birth injury cases in New Jersey to know that families need much more than just money to feel like they have been made whole again. They need real justice, answers and accountability.
At the same time, we also recognize the hope that can come with a fair settlement or judgment award for a family in the face of a traumatic birth injury. For this reason, we always strive to achieve maximum results for our clients.
We may be able to seek damages or financial compensation for your present and future medical costs, ongoing treatments for your child, disability or disfigurement, your lost wages, your child’s future lost capacity to earn, pain and suffering, emotional distress, and various other costs.
Contact a New Jersey Birth Injury Lawyer Today
You have rights as a parent with a child who suffered a birth injury in New Jersey. Allow the highly experienced and reputable attorneys at the Law Offices of Jeffrey S. Hasson, P.C., to protect them.
We will custom-tailor our legal services to address your unique needs and concerns during this difficult time. Our law firm stands with families and individuals in the pursuit of justice for devastating birth injuries throughout the state.
Request your free consultation today to have an attorney answer any questions you may have. Call us 24/7 at (201) 645-4374.