New Jersey Birth Injury Attorneys. Negligence or medical malpractice occurs when a doctor, other health care provider, or a medical facility fails to care for a patient in accordance with accepted standards of care in the medical profession and as a result, the patient is injured, becomes ill, or their condition worsens. Injuries that a mother or child might sustain before, during, or after birth can be the result of medical negligence or medical malpractice. Birth injuries can be lasting and can take a devastating toll on the victims and their families.
Parker Waichman LLP is Offering a Free, Birth Injury Case Review
If your child has sustained a birth injury as a result of medical malpractice or another’s negligent or careless actions, it is important that you contact Parker Waichman LLP right away by calling 1-800-YOURLAWYER (1-800-968-7529) to discuss your case.
At Parker Waichman LLP, our lawyers have extensive experience helping individuals and families who have experienced the devastating effects of birth injuries and medical malpractice. Birth injury cases can be particularly complicated because there may be multiple causes or a number of parties may be responsible for the injuries and other damages. However, the dedicated and compassionate lawyers at Parker Waichman LLP have successfully assisted birth injury victims throughout the legal process and have helped them obtain the compensation they need and deserve.
Parker Waichman LLP has a reputation for obtaining successful results and has, in fact, recovered over the years an amount totaling one billion dollars in settlements and verdicts for our clients. Moreover, our firm has received a number of different recognitions as a result of our hard work and determination.
Some of these recognitions include:
- Lawdragon’s highest ranking of “5 Dragons” based on peer review
- An AVVO rating of 9.8 out of a perfect 10
- A listing in Extensive Peer Review’s Best Lawyers Publication
- Recognition as “Preeminent Lawyers” by the AV Peer Review Rating
If you decide that Parker Waichman LLP is the right firm to handle your birth injury case, you can be sure that a skilled and dedicated lawyer will be a strong advocate for your rights and interests and will strive to recover compensation for your injuries and other damages to the fullest extent possible.
Birth injuries can be serious, and the legal process involved in a birth injury lawsuit can be complex. Thus, if your baby sustained a birth injury as a result of medical malpractice or the negligent actions of another individual or entity, you should consult with an experienced New Jersey Birth Injury Lawyer who can assist you with recovering the compensation that you may be entitled to. Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) and find out what we can do for you.
BIRTH INJURY CASES IN NEW JERSEY
Many people consider the birth of their child or children to be one of the more momentous and joyous events in their lives. In most instances, the birth of a child can occur without complications or incident. However, if a medical professional (doctor, nurse, another healthcare provider, or a medical facility) commits medical malpractice during pregnancy, labor, or delivery, a number of different injuries can happen to both the mother and the baby. The injuries include, but are not limited to, nerve injuries, brain injury, sterility, soft tissue tears, and even death. A few of the most common birth injuries and disorders are those caused by medical malpractice or medical negligence. Some instances of injury-causing medical malpractice include:
- A baby experiencing a lack of oxygen during delivery
- A failure to recognize that a baby is in distress during pregnancy, labor, or delivery
- A Cesarean section that does not happen in a timely manner
- Using excessive force during labor, or misuse of forceps when delivering the baby
- Failing to diagnose an issue or problem that ends up occurring during labor
No matter whether the injury occurs during pregnancy, labor, or delivery, if you believe it was the result of medical negligence, it is important that you contact an experienced New Jersey Birth Injury Lawyer as soon as quickly as possible to protect you or your child’s rights to compensation.
Prenatal Medical Malpractice
Obstetrical and fetal medical specialists exist in order to make sure that every patient has a healthy and safe pregnancy outcome. This typically includes providing care that prevents or decreases incidents of injury or death to a child and their mother. Unfortunately, injuries, including fatal injuries, can happen. Sometimes these negative outcomes are the result of a doctor’s failure to provide appropriate care, and in these instances, the patient may have a claim for medical malpractice.
During a woman’s pregnancy, there are certain guidelines that physicians must follow in order to ensure the health and well-being of the mother and her baby. Some of these guidelines generally include:
- Learning about and keeping a record of the patient’s medical history
- Assessing the patient based on medical history, physical exam, and lifestyle
- Assessing risks to determine whether there might be any complications during the pregnancy
- Conducting regular and thorough examinations, including non-stress tests and ultrasounds
- Treating and supervising complications that might arise
- Educating patients on proper lifestyle and nutrition as well as any possible dangers or hazards
- Providing adequate warning of specific complications and risks
If a physician or other healthcare provider fails to adhere to these guidelines and others that exist to preserve the health and safety of the baby and mother, and a complication or injury occurs as a result, then there may be a viable basis for a medical malpractice claim.
Malpractice During Labor and Delivery
There are certain standards that exist in the obstetric community that require doctors to monitor a mother and baby adequately during labor and delivery so that the health and safety of both mother and baby are not being compromised. In addition, the mother and baby should be monitored in order to ensure that there is a good chance that the labor and delivery will result in a healthy baby. Failing to monitor the mother and baby properly and failing to recognize the signs and symptoms that either could be in distress while laboring can result in a medical malpractice claim, particularly if the negligent actions cause injury to either the mother or the baby. Moreover, failing to properly recognize the signs and symptoms of a problem or failing to interpret properly any information that is collected can also constitute malpractice if an injury occurs as a result. Correctly interpreting information and properly monitoring the mother and baby are crucial for the doctor or other care provider making decisions about treatment, including whether the baby will need to be delivered via C-section.
Medical standards must also be adhered to during the actual delivery of the baby. If the doctor or other care provider does not follow these standards, then there may be grounds for a malpractice claim if the mother or baby was injured. For instance, if excessive force is used during delivery and it is applied to the neck and head of the baby, then the baby’s hand and arm can sustain a permanent nerve injury.
The following are a few complications that might occur during childbirth that can result in a serious injury if not handled by medical professionals in a timely manner:
Umbilical cord prolapse. This situation can occur when the umbilical cord drops down through the mother’s cervix during delivery, either next to or ahead of the baby. This can create a risk for compression of the umbilical cord, which prevents nutrients and oxygen from reaching the baby and can cause fetal distress. This complication is somewhat common, so doctors need to be on the lookout so that they can respond in a timely manner.
Shoulder Dystocia. Shoulder Dystocia happens when the baby’s head is out of the mother, but their shoulders are stuck behind her pelvic bone. Although this complication is not particularly common, the consequences can be serious. At this point, the baby may be considered stuck, and in many instances, a C-section is not an option. If the baby cannot receive oxygen, the results can be fatal. There is also a risk that the mother can suffer from excessive bleeding or uterine rupture.
Placental abruption. This typically occurs during the third trimester, and it is when the placenta separates prematurely from the uterine lining. Doctors and other care providers need to watch for warning signs such as excessive bleeding and should use an ultrasound to determine whether an abruption is happening. Due to the fact that the umbilical cord and the placenta are what sustain a baby in the womb when a placental abruption occurs, the baby’s supply of nutrients and oxygen may be cut off which can lead to brain damage.
Nuchal cord. This means that the baby’s umbilical cord is wrapped around their neck during delivery. If handled in an appropriate manner, there usually are no adverse consequences. But, doctors and care providers must take steps to ensure that the baby’s oxygen and blood supply are not diminished, otherwise, serious injuries can occur.
Uterine rupture. This complication is typically more common for women who previously had a C-section. In these situations, there is a risk that the uterus will tear at the location of the C-section scar, particularly if labor-inducing drugs like Pitocin are required. Care providers must be aware of a patient’s medical history in order to appropriately prepare for a situation like this.
Extraction injuries. In some cases, vacuum extraction or forceps must be used to actually deliver the baby. But these types of procedures must be performed by those who are trained to do so. Not all doctors or care providers have experience or knowledge as to how to attempt a vacuum or forceps delivery. Thus, those who fail to perform these procedures properly can cause serious injuries to both the mother and the baby.
Malpractice During Neonatal Care
In some instances, after a baby is born, they may need an increased level of care as a result of some problem or condition. This level of care might be rendered by a pediatrician or neonatologist, and typically, also by nurses who are staffed in the nursery or the neonatal intensive care unit. When doctors or other care providers do not adhere to accepted standards of treatment and injury results, then the injured baby may be entitled to damages in a medical malpractice claim. For example, if a care provider fails to diagnose and treat jaundice in a timely manner, then a baby can sustain a brain injury. Or in another instance, if a care provider does not recognize that the baby needs respiratory support, or fails to provide it in a timely manner, the baby can suffer from a lack of oxygen that may cause brain damage.
How a Birth Injury Might Influence Your Child’s Life
Babies who sustain injuries before, during, or after birth oftentimes need extensive and expensive medical treatment for the rest of their lives. For brand new parents, the medical expenses that are associated with this ongoing treatment and care can be extremely overwhelming. If the birth injury was caused as a result of medical malpractice, then it is possible that the injured individuals will be able to file a claim for damages against the responsible individual or entity. Some types of compensation that an injured victim may be entitled to include:
- Medical expenses, including expenses for treatment, doctor visits, hospital stays, and medication
- Occupational and physical therapy
- Other rehabilitative therapies
- Equipment needs and home accommodations
- Psychological and counseling services
- Special needs education
- Pain and suffering
If you or your child has suffered an injury during pregnancy or during or after childbirth, it is imperative that you consult with an experienced New Jersey Birth Injury Lawyer right away. If the injuries were caused by the negligent or careless actions of a doctor, another healthcare provider, hospital, or another care facility, you might be entitled to compensation. Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) to find out whether you may have a viable claim for compensation.
Frequently Asked Questions Regarding Birth Injury Lawsuits in New Jersey
Q: What the most common types of birth injuries and trauma?
A: There are many kinds of injuries and trauma that a baby or its mother can sustain that might be caused by mistakes or an oversight made by the doctor during prenatal care or by the doctor or nursing staff in the labor and delivery room. The following are some of the most common types of birth injuries:
- Brachial plexus injuries such as Erb’s palsy
- Cerebral palsy
- Cesarean-section puncture wounds
- Deficiencies that might be the result of improper or inadequate prenatal or postnatal care
- Permanent injuries to the child or the mother caused by forceps
- Post-delivery infections
- Complications arising from vaginal birth after cesarean (VBAC)
- Complications arising from undiagnosed gestational diabetes or preeclampsia
Q: If I believe that my child has sustained a birth injury, what steps should I take?
A: If you think that your baby has sustained a birth injury, it is imperative that you seek medical treatment for your baby right away in order to protect your baby’s health and to preserve your legal claim for damages. After you’ve sought appropriate treatment, you should thereafter seriously consider consulting with an experienced New Jersey Birth Injury Lawyer who can assist you with your case and help you obtain the compensation you need and deserve.
Q: How can I determine whether the birth injury was the result of medical negligence or a natural occurrence?
A: In most instances, you likely will not know right away whether the facts and circumstances of your child’s injury will give rise to a valid negligence or medical malpractice claim. However, that is the reason it is important to consult with a knowledgeable New Jersey Birth Injury Lawyer who with extensive knowledge, resources and experience handles these types of cases. A skilled lawyer can review your case to determine whether you have a claim for damages. Physicians and medical facilities must adhere to certain professional standards of conduct during the prenatal, delivery, and postnatal stages of pregnancy and birth. When medical professionals do not follow these accepted standards and procedures, and an injury occurs as a result, then physicians, medical staff, and hospitals can be held liable for medical malpractice.
Q: How long do I have to file a birth injury lawsuit in New Jersey?
A: Every state has what are called statutes of limitations which are laws that govern the deadlines by which certain lawsuits must be filed. Typically, New Jersey’s statute of limitations for medical malpractice is two years, which means you have two years from the date of the injury or two years from when you discover the injury to file a lawsuit. However, because statutes of limitation can differ depending on the facts and circumstances of your case, it is crucial to consult with an experienced New Jersey Birth Injury Lawyer in order to protect and preserve your rights to compensation.
Q: What should I expect to happen during my birth injury lawsuit and how long might a birth injury lawsuit take?
A: There are no two birth injury cases that are exactly alike. Every birth injury case involves its own set of unique facts and circumstances and application of New Jersey law. So, if you believe that you might have a birth injury claim, you should seriously consider consulting with a birth injury lawyer who can review your case and help you to understand the legal process and procedures and any possible outcomes you might expect. How long the case will take will depend on whether you reach a settlement with the responsible party’s insurance company in a timely manner. But if you decide to take your case to trial, it can take a lot longer to resolve.
Q: How much will it cost me to hire a lawyer and file a birth injury lawsuit in New Jersey?
A: Most New Jersey personal injury lawyers take cases on what is called a contingency fee basis. What this means is that the birth injury attorney will take your case and represent you and the law firm does not charge you any attorney’s fees unless or until you obtain money in a settlement or jury award. In other words, your lawyer will not be paid unless you are awarded damages in your case. In most cases, the birth injury attorney will receive a percentage of the verdict or settlement amount. If you do not obtain a settlement or jury award, then your lawyer will not get paid, though you may be responsible for other expenses such as court filing fees.
TALK WITH ONE OF OUR EXPERIENCED AND KNOWLEDGEABLE NEW JERSEY BIRTH INJURY LAWYERS TODAY
Birth injuries can be the result of the negligent care that is provided to an expectant mother or care and treatment that occurs during and after the birthing process. At Parker Waichman LLP, our lawyers have extensive experience assisting children and families who have suffered as a result of a birth injury. Birth injuries can happen as a result of a number of different negligent or careless actions on the part of a doctor, nurse, other medical professionals, hospital, or another medical facility. When this happens, you might be entitled to file a birth injury claim for damages against the responsible parties.
At Parker Waichman LLP, our lawyers are skilled and dedicated, and they can assist you with navigating the complex process that surrounds birth injury lawsuits. Our lawyers will also strive to make sure that you recover damages to the fullest extent possible.
If you or a loved one has sustained a birth injury, be sure to contact one of the experienced New Jersey Birth Injury Lawyers at Parker Waichman LLP today by calling 1-800-YOURLAWYER (1-800-968-7529) to receive your free, confidential, and no-obligation consultation.
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