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New Jersey Birth Injury Lawyer
The arrival of a new baby is a joyful occasion. Parents eagerly await the day that their baby comes. Parents do not, however, anticipate injuries happening to their baby during birth.
It is hard to find words to describe the emotions a parent experiences when a baby is injured during delivery or soon after birth. Knowing that their baby was harmed by negligent medical care is just too much to comprehend.
It is devastating to know that many birth injuries require life-long medical care and that the financial burden is too much to handle.
The injury coupled with the financial strain is enough to make any parent wonder what the future will hold.
We understand the chaos and frustration that you are experiencing right now. You are trying to care for a new infant with medical needs, and your life has been turned upside down.
Rosengard Law Group is here to help you.
We know that as a parent of a child that needs special care you want to do everything in your power to make sure they receive everything they need.
Call 856-284-6446 for a FREE NJ birth injury case consultation.
One of our knowledgeable New Jersey birth injury lawyers will speak with you about the types of compensation that you can secure for your child. This compensation will help ensure that your child always has access to what they need for their health and well-being.
What Types of Compensation Is Available For A Birth Injury In New Jersey?
Babies that are injured during the birthing process face many challenges. Even if the injuries appear to be mild, these injuries could lead to life-changing secondary conditions and medical problems throughout their lives.
Many babies injured during birth face developmental delays and physical discomforts because of their injuries. It is only right that the responsible party provides a full compensation package to take care of your child.
Our NJ birth injury lawyers will put together a compensation package based on the specific information of your case
We will look at the severity of the injury to your baby, the potential outcome of medical treatment, and the anticipated costs of caring for your child for their lifetime.
Our attorneys will look at many forms of compensation that may be available for your child. Some of these forms of compensation may include:
- Cost of medical care: This will include all current medical costs and lifetime medical care expenses for your child.
- Cost of rehabilitative services such as occupational and physical therapy
- Cost for specialized care such as an in-home nurse or rehabilitation centers
- Cost for special medical equipment, including but not limited to wheelchairs and therapeutic devices
- If one parent must leave their position to stay home and care for the child, our attorneys will seek lost wages for that parent
- Loss of enjoyment of life for the child
- Pain and suffering
You’ll receive very detailed information about the types of compensation that will be available to you based on the facts of your case.
Causes of Birth Injuries from Medical Negligence
Medical malpractice happens when a medical provider does not meet the standard of care accepted in the medical community. For negligence to occur, the standard of care must not be met, and the result must be an injury to the patient.
There are several ways that an infant can be injured. The most common ways include:
Delayed Cesarean Delivery
When a woman goes into labor, it is the obligation of the medical care provider to monitor her and the baby for signs of distress. If it is discovered that either one is in distress, a timely cesarean delivery (C-section) should be performed.
Other issues may arise during delivery that may make it necessary for a c-section to be performed. Uterine ruptures, placenta blocking the cervix, and the mother going into distress may all require a c-section to save the baby and the mother.
Failure to perform a timely c-section can lead to injuries to both mother and infant. These injuries can last a lifetime.
New Jersey law requires that a c-section is performed within 30 minutes after it is medically determined that one is necessary to protect the infant, the mother, or both. Failure to complete this procedure within that time frame is considered negligence.
If you or your baby was injured because your medical care provider failed to perform a timely cesarean surgery, speak with one of the birth injury lawyers at Rosengard Law Group.
Forceps are medical devices designed to help deliver babies safely when they are in the wrong position during birth or when the mother is having difficulties with the delivery.
When used correctly, forceps can help the care provider deliver a baby safely without harming the infant or mother. When misused. Both infant and mother can be harmed.
It is not uncommon for forceps to cause mild bruising to the face or head of the infant. The doctor must place some pressure on these areas during the delivery with the device, and bruising may occur. It is often very mild and will disappear within a few days.
Injuries from misuse of forceps can include deep contusions on the baby or cause physical injuries. They may also cause nerve damage to the head, neck, or shoulders of the infant.
Misuse of forceps may also cause damage to the mother leading to hemorrhaging, nerve damage, or infertility.
If you see that your baby has deep bruising on its head, neck or shoulder areas there is a potential for additional injuries to your child.
Deep bruising may also indicate:
- Damage to facial nerves which can cause Bell’s Palsy
- Skull fractures
- Cephalohematomas or blood collection on the skull
If the mother is having difficulty pushing the baby through the birth canal, the medical practitioner may use a medical vacuum to assist the infant. If placed correctly on the infant, this is a beneficial device. If misused, the vacuum can cause many injuries to the infant.
Throughout the pregnancy, your medical care providers will monitor the fetal heartbeat. The fetal heartbeat can disclose a lot of medical information about the health of the infant, including if it is in distress.
During the delivery, the fetal heart rate will continue to be monitored. If the heart rate starts fluctuating, it may be a sign of fetal distress.
Fetal distress during delivery may result from the umbilical cord being twisted or in the wrong position, meconium entering the amniotic fluid, or as a result of drugs administered to the mother to help induce labor.
If fetal distress is noted, the medical professionals must act quickly. Fetal distress can lead to serious injuries, including oxygen deprivation which can seriously harm the baby.
There are different situations that can occur during delivery that may cause oxygen deprivation to the infant. A tangled umbilical cord, ripped placenta, or even some infections may cause oxygen not to reach the baby.
Hypoxia can occur when the baby does not receive enough oxygen. When this happens, the baby can suffer from brain or organ damage.
Less Common Birth Injuries
Some birth injuries occur before labor and delivery ever start. The New Jersey birth injury lawyers at Rosengard Law Group will make a complete investigation of your case to see if any of the following negligent actions occurred:
- Failure to conduct prenatal testing or interpret results correctly
- Failure to provide necessary testing in high-risk pregnancies
- Failure to send mother for high-risk care
- Failure to treat infections in the mother prior to delivery
- Failure to induce labor when necessary
There may be other negligent actions that led to your infant being harmed by a medical care provider. Our knowledgeable NJ birth injury lawyers will thoroughly investigate your case to find out who is responsible for the injuries your child received.
New Jersey Birth Injury Lawyers Deal With These Common Birth Injuries
There are many different types of birth injuries that can occur. However, there are three types of injuries that are most commonly associated with medical negligence.
Shoulder dystocia is a medical condition that occurs when a baby’s head emerges from the birth canal, but one of the shoulders is stuck behind the pelvic bone.
This situation occurs more often in women of small stature and delivers a baby exceeding 8 pounds 13 ounces or in women with gestational diabetes.
When this happens, there are several different methods that can be used to dislodge the baby without causing harm to the infant or mother. However, if these procedures are performed incorrectly, the infant can be seriously injured.
The most common injuries occur when too much pressure is placed on the head or neck of the baby. Excessive pressure can damage the brachial plexus nerves, which can cause the baby to lose control of the shoulder, arm, or hand.
In worst-case scenarios, excessive pressure can also lead to asphyxia. When the baby does not get enough oxygen, brain and organ damage can occur. This is also a leading cause of cerebral palsy.
Some deliveries may require the use of forceps to help the mother deliver the child. When used correctly, forceps can be a life-saving tool for both mother and infant. When misused, forceps can cause serious harm.
The most common injury associated with forceps use is Bell’s Palsy. Bell’s Palsy affects the facial nerves. Depending on the severity of the injury, the nerve damage may be temporary or last for their entire life. Bell’s Palsy can affect any part of the face, including eye muscles making it difficult to open or shut the eyes.
Cerebral palsy is a medical condition that can be caused by several different neurological disorders or injuries. Cerebral palsy affects the muscles and the ability for muscles to work with each other correctly.
Cerebral palsy is a result of damage to the brain. The brain cannot transmit the information to the muscles for them to work properly. Cerebral palsy can range in severity, and it is a lifelong condition. There is no cure for cerebral palsy.
Cerebral palsy most often occurs at birth, but it can occur later in life as a result of serious head trauma, bacterial meningitis, or viral encephalitis. The most common cause of cerebral palsy at any age is the loss of oxygen to the brain.
If an infant is injured during the birth process, they can also develop cerebral palsy.
If your child has been diagnosed with this condition, they will require lifelong medical care.
Speak to a New Jersey birth injury attorney at Rosengard Law Group about your right to seek compensation.
Birth Injury Consequences
Birth injuries are very serious and can impact the entire life of the infant and its family. Sadly, many of the injuries that occur to infants also lead to secondary medical conditions that cause the infant to suffer. Some of these secondary conditions include:
- Limited or stunted growth
- Bone growth and joint dysfunctions
- Decreased nerve sensations
- Decreased muscle strength
- Cognitive impairments
- Emotional or psychological conditions
- Loss of bodily functions
Secondary medical conditions can be as serious as the original injury, and in some cases, worse. Parents must continually monitor their infant for signs of additional medical conditions so that they can protect their baby.
The Difference Between Birth Injury and Birth Defect
There is a difference between a birth injury and a congenital disability, and it is essential to understand this difference.
A congenital disability is a medical condition that occurs due to genetics. DNA or predispositions to certain diseases are hereditary and are not considered a birth injury.
Some congenital disabilities may be a result of exposure to medications, the age or health of the parents, or exposure to different substances.
A birth injury is an injury that occurs to the infant as a direct result of actions taken or not taken by the medical care provider.
Birth injuries generally occur right before, during, or right after the baby has been delivered.
If you believe that a medical practitioner has harmed your infant, you are encouraged to speak with one of our NJ birth injury lawyers.
Don’t Forget To Check On The Mother Of The Injured baby
When a baby has been injured during birth, it is natural for the family to become hyper-focused on caring for the infant. It is important that you also make sure the mother is doing well.
Difficult deliveries can lead to broken pelvis bones, torn muscles, nerve damage, and hemorrhaging. Mothers may not even pay close attention to signs that they are not doing well because they are focusing on their injured baby.
Make sure that the mother is able to thrive. It is important that she goes for any follow-up care and if there is anything unusual that she is experiencing, seek immediate care.
Speak With A New Jersey Birth Injury Lawyer Today
Birth injuries can be complex issues that will require the assistance of a knowledgeable and compassionate attorney.
Our attorneys understand how emotional this is for you and your family, and we will make sure that you are treated with the compassion you deserve.
The Rosengard Law Group is dedicated to helping injury victims obtain the maximum recovery for their injuries. There are NEVER any upfront fees. Call 856-284-6446 for a FREE Consultation.