- What Type Of Compensation Is Available For A Birth Injury in New Jersey?
- Causes of Birth Injuries from Medical Negligence
- New Jersey Birth Injury Lawyers Deal With These Common Birth Injuries
- Birth Injury Consequences
- The Difference Between Birth Injury and Birth Defect
- Don’t Forget To Check On The Mother Of An Injured Baby
- Speak With A New Jersey Birth Injury Lawyer Today
Families anticipate the arrival of their newest member with joyful thoughts of the future. They do not, however, anticipate watching the baby sustain a serious injury at the hands of the doctor.
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.
We know that everything in your life is chaotic right now.
This is all new and scary. You’re just learning how to care for your injured infant 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 856-284-6446 FOR A FREE CONSULTATION.
One of our New Jersey 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.
What Type Of Compensation Is Available For A Birth Injury in New Jersey?
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, and secondary conditions. 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
Our injury attorneys 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: 856-284-6446
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.
When a woman goes into labor, complications can occur. The woman in labor is relying on her medical care providers to make a timely decision if there are complications to deliver the baby by cesarean section.
Failure to perform a timely c-section can also cause injuries to the mother. Organ, muscle, and nerve damage can all occur when a difficult delivery is forced on the mother because a c-section is not performed.
Some women can also experience significant hemorrhaging after birth because of the injuries that were sustained.
Nearly all of these injuries to baby and mother could have been avoided if a c-section was performed promptly.
If a medical professional believes a c-section is necessary, New Jersey law requires that the procedure take place within 30 minutes of that decision being made in an emergency setting.
Failure to perform an emergency c-section in this time period, or failing to perform one at all when it should have been performed, are acts of medical malpractice.
If you or your baby has been injured because of the negligence of a doctor or medical provider, you are encouraged to speak with a Rosengard Law Group New Jersey birth injury attorney.
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.
It is not uncommon for some bruising to occur when forceps are used to help deliver a baby. The bruising usually occurs on the face or the head of the baby and is very mild.
Like any typical mild bruise, this bruising will fade away in a few days, and no other issues will occur.
However, when a more severe bruise is present, it may indicate that the forceps were used incorrectly, and that further injury has occurred to the baby. You would benefit by having a New Jersey birth injury lawyer investigate these bruises.
Deep bruising may indicate:
- Damage to facial nerves (Bell’s Palsy)
- Fracture to the skull of the baby
- Cephalohematomas (Blood collection on the skull)
- Hemorrhaging (Intraventricular, subdural, cerebral, subarachnoid or subgaleal)
Additionally, improper use of forceps can cause physical damage to the mother damaging soft tissue, muscles, and nerves.
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.
During pregnancy, the doctor or medical care provider will monitor the fetal heartbeat. The heartbeat can reveal many things about the fetus during pregnancy. Monitoring the fetal heart rate during the delivery is crucial to a successful birth.
If the fetal heart rate starts to fluctuate during birth, it can sign fetal distress. There may be many issues causing this distress, including issues with the umbilical cord or rapid contractions caused by drugs administered to enhance labor.
The baby’s heart rate can also become erratic during delivery due to the meconium entering into the amniotic fluid.
If not addressed quickly, fetal distress can lead to serious injuries to the baby. Oxygen deprivation can occur under fetal distress, leading to damage to the brain.
Monitoring both the mother and baby during the labor and delivery process is crucial to a safe birth. Click here to read more about Fetal Distress.
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. Our New Jersey birth injury lawyers will run a full investigation into the following:
- 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 856-284-6446
New Jersey Birth Injury Lawyers Deal With These Common Birth Injuries
Many different birth injuries can occur during the delivery process. Some of the more common birth injuries include:
Shoulder dystocia is a medical term used to describe a complication that can arise while giving birth. Once the baby’s head emerges, one of the baby’s shoulders becomes stuck behind the pelvic bone.
This is more common in women of small stature, who have babies exceeding 8 pounds of 13 ounces or women who suffer from gestational diabetes.
Many medical procedures are used to help dislodge the baby and allow for delivery. Sadly, occasions, where the medical practitioner is delivering the baby, do not perform these techniques correctly. When this happens, serious injuries occur to the baby.
The most common error is when too much force is placed on the infant’s head and neck area. This excessive pressure causes damage to the brachial plexus nerves, which control the baby’s shoulder, arm, and hand.
In some instances, excessive force may even cause fetal asphyxia or cerebral palsy. Click here to read more about Erb’s Palsy.
During a difficult delivery, it may be necessary for the medical practitioner to use forceps to help the birth. When used correctly, forceps can be a very useful tool. When used incorrectly, injuries can occur to the infant. Misuse of forceps is a form of medical malpractice.
The most common injury caused by forceps misuse is Bell’s Palsy. Bell’s Palsy is a type of palsy that affects the facial nerves. When the nerves have been injured, facial muscles will not work as they should.
If the nerve damage is severe or if the nerves have been severed, facial paralysis may occur.
The facial paralysis may not be permanent, and it may not affect the entire face. The paralysis may affect any area of the face, including eye muscles. Bell’s Palsy may inhibit sight if the baby is unable to open or shut their eye.
Cerebral Palsy is a medical condition that can be caused by a variety of neurological disorders. Symptoms of Cerebral Palsy generally appear during infancy or early childhood. This medical condition affects the movement of muscles and muscle coordination and is a permanent condition.
Although Cerebral Palsy affects the muscles, it is not a muscular condition. Cerebral Palsy is caused by a malformation or damage to the brain so that it cannot transmit signals to the nerves or muscles correctly.
Although this medical condition most often occurs at birth, it can happen later in life due to trauma to the brain in an accident or if a person catches viral encephalitis or bacterial meningitis.
Injuries that cause the loss of oxygen to the brain are the most common cause of cerebral palsy onset.
- 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 856-284-6446
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. Call us today to speak with a birth injury attorney in NJ who can help you understand what steps you should take next.
The Center for Disease Control (CDC) has stated that over 80 percent of birth injuries involved assisted delivery methods such as forceps or vacuum.
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 Lawyer 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.
Adam Rosengard 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.