Families anticipate the arrival of their newest member with joyful thoughts of the future. They do not, however, anticipate having to contact a New Jersey birth injury lawyer.
When a baby is injured during the delivery process or soon after birth, the parents experience a profound emotional response. The thought of their infant being injured due to negligent medical care is almost too much to bear.
Sadly, many of these injuries require life long medical care. Most parents do not have the financial means to meet all the needs of their child.
The financial difficulty added to their grief can be overwhelming.
Rosengard Law Group understands! We know that everything in your life is chaotic right now.
You’re just learning how to care for your injured infant.
We know that you did not expect this to happen and you feel helpless.
We also know that as a parent of an injured child you want to make sure that they always receive the care they need.
CALL 833-323-4448 FOR A FREE CONSULTATION. One of our New Jersey birth injury lawyers will speak to you about the types of compensation you can secure for your child.
This compensation will help cover the expenses associated with the care for your child, so you can always feel secure knowing that you have what they need.
Causes of Birth Injuries from Medical Negligence
Medical malpractice occurs when a medical care provider does not provide the standard of care to a patient.
For malpractice to happen, the patient must be harmed or injured as a result of negligence.
There are several ways that an infant can be injured during the delivery process.
Some of the more common ways include:
Delayed Cesarean Delivery
During the birth process, the medical care providers must monitor the infant and the mother for signs of distress.
If at any time it is found that either is in too much distress and the delivery is in jeopardy, a cesarean delivery (C-section) is typically used.
Other factors, such as uterine ruptures or placenta blocking the cervix are cause for a C-section as well.
Medical professionals must monitor all of these factors during the delivery to ensure the safety of the mother and child.
If an infant is in the wrong position in the womb, or the mother is having a difficult time during delivery, the doctor may decide to use forceps.
When used correctly, forceps can save the baby’s life. However, improper use of forceps can harm both mother and child.
Forceps injuries include physical injuries and/or nerve damage to the head, neck, or chest.
If a woman is having difficulty moving the baby through the birth canal, her medical professional may decide to use a vacuum to assist with the delivery.
The medical practitioners are responsible for placing the vacuum on the infant correctly. Incorrect placement can harm the baby and mother.
Events can happen during the delivery process that reduces the ability of the infant to get the proper amount of oxygen.
A tangled umbilical cord, some infections, and a ripped placenta may lead to oxygen deprivation or hypoxia.
Hypoxia can cause brain and organ damage to the infant if not addressed immediately.
Additional and Less Common Reasons for Birth Injuries
Some birth injuries are a result of malpractice before the delivery:
- Failure to provide or interpret necessary prenatal testing
- Failure to provide specialized testing if deemed a high-risk pregnancy
- Failure to recommend the mother to high-risk care
- Failure to treat infections or similar problems that may hinder delivery
- Failure to induce labor when necessary
There are other events that can lead to the baby being harmed prior to or during the delivery process.
If your baby has been diagnosed with a birth injury, you are encouraged to speak with a NJ birth injury attorney. Call 833-323-4448
New Jersey Birth Injury LAwyer Deals With These Common Birth Injuries
Many different birth injuries can occur during the delivery process. Some of the more common birth injuries include:
- Erbs Palsy (paralysis of the arm or arms due to nerve damage)
- Cerebral Palsy (a group of movement disorders)
- Brachial Plexus Palsy (loss of movement in the shoulders)
- Klumpke’s Palsy (loss of movement in the forearm or hand)
- Hypoxia (loss of oxygen)
- Head, Neck, and Shoulder Fractures
- Brain Injury
- Spinal Cord Injuries
If your baby has been injured when you were giving birth, speak with a New Jersey birth injury attorney. Call 833-323-4448
Birth Injury Consequences
Birth injuries are devastating to the infant and their loved ones. Sadly, the injuries themselves can lead to significant secondary health problems. Babies that have suffered a birth injury may also experience the following:
- Failure to thrive – ability to eat and drink appropriately without assistance that results in limited growth
- Failure of bone growth – many babies experience bone growth issues and develop osteoporosis and joint dysfunctions
- Decrease in nerve sensations over an extended period of time
- Decrease in muscle strength
- Cognitive impairments
- Emotional or Psychological impairments
- Loss of bodily functions
The long-term effects of a birth injury can be very complicated.
Many of these secondary effects can be controlled or monitored, especially if treated early.
Parents of a child who has suffered a birth injury must continually monitor the health of their child for the onset of new conditions.
The Difference Between Birth Injury and Birth Defect
It is essential to understand that there is a difference between a birth injury and a congenital disability.
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.
Additionally, some congenital disabilities may be a result of exposure to medications, the age or health of the parents, or exposure to different substances.
Birth injuries are injuries that are the result of a negligent act by the medical care provider.
They generally occur right before, during or immediately after the birth of the baby.
The Center for Disease Control (CDC) has stated that over 80 percent of birth injuries involved assisted delivery methods such as forceps or vacuum.
What Type Of Compensation Is Available For A Birth Injury?
When an infant is injured during the birth process, that child faces a potential lifetime of medical conditions.
Even mild injuries can cause discomfort, delayed development, or secondary conditions, so it’s only right that the responsible party provides a compensation package that will cover the care of the child.
Our New Jersey birth injury lawyers will put together a compensation package based on the specific information of your case.
We will review the severity of the injury, the potential for recovery, and the anticipated care costs with or without improvement.
We may look at the following forms of compensation for your birth injury case:
- Cost of current and future (lifetime) medical care for the injury
- Cost of current and future rehabilitative services such as physical and occupational therapies
- In home or specialized care costs
- Special medical equipment, including wheelchairs or other therapeutic devices
- Cost of retrofitting the home to accommodate these devices
- Cost of a special vehicle to transport the child who uses these devices
- Lost wages if one of the parents have had to leave their position to care for the child
- Loss of enjoyment of life for the child
- Loss of companionship and society
- Pain and Suffering
Your attorney will explain to you any of these forms of compensation or any additional types of compensation, that may be available to you based on the facts of your case.
Call now for a FREE case evaluation: 833-323-4448
Don’t Forget To Check On The Mother Of An Injured Baby
When a baby is a victim of a birth injury, it is very easy for family members to become almost overly concerned about caring for the newborn and trying to help them recover.
This is perfectly natural and almost expected. However, it is imperative to keep an eye on the mother as well.
When a birth injury occurs as a result of a physical delivery problem, such as the use of forceps or vacuum to assist in the delivery, so the mother has the potential to be physically hurt as well.
Difficult births can also lead to internal bleeding and fractured pelvic bones. These conditions are not noticeable at first, and if the mother is ultra-focused on the injured baby, she may not pay attention to her own needs.
The change in your hormone balances after pregnancy can affect the mood of the mother. Add to it the emotional strain of having their baby injured during birth, and she may quickly slip into a depression.
Speak With A New Jersey Birth Injury Attorney Today
Birth injuries are a very complex issue that needs to be managed by an attorney with direct knowledge of these types of cases. Your attorney needs to understand how severe a birth injury can be to the child and their family.
They need to understand the recovery diagnosis and what it means for the life of the child and their family
They need to be filled with compassion, so they can assist an emotionally distraught family.
Rosengard Law Group is that compassionate and knowledgable New Jersey birth injury lawyer!
THERE IS NEVER A FEE. To ensure that everyone is protected, we work on a contingency fee basis.