When a woman is expecting a baby, it is the obligation of her medical care providers to make sure that the health of the baby and mother throughout the pregnancy and the labor and delivery process. Sadly, many babies and mothers are injured during the birthing process.
Birth injuries could result in the need for life-long care for the child. Injuries that could happen to the mother could endanger her life or her ability to bear more children,
If you or your baby was harmed during labor or delivery, you are encouraged to speak with one of our compassionate New Jersey birth injury lawyers.
Understanding Birth Injury
A birth injury can occur for different reasons. In many cases, the injury is a result of too much pressure being placed on the infant while in the birth canal. However, the type of complication that occurs ultimately dictates what type of injury will happen if the complication is not handled correctly.
The medical practitioners monitoring the labor and delivery of the baby have an obligation to closely look for warning signs of complications and act accordingly to any situation that arises during the birthing process. However, these practitioners also have the responsibility to act in a manner that is consistent with the expected standard of care.
Birth injuries and maternal injuries are a form of medical malpractice.
What Are The Main Causes Of Birth Injuries?
There are many different causes of birth injuries. However, the most common causes of these injuries include:
- Lack of Oxygen. If the oxygen supply to the baby is strained or cut off during the delivery process, the baby could suffer several types of injuries including damage to the brain and other vital organs.
- Failure To Perform A Timely C-Section. Harm can come to the mother and infant if a cesarean section is necessary and not performed in time. Several different injuries can occur if the mother or infant become distressed from the failure to perform this operation.
- Failure To Properly Use Labor Inducing Drugs. If labor stops, which can happen more often than most people realize, the doctor needs to help start the labor process again to protect the baby. Failing to do so in a timely manner can lead to oxygen deprivation or other injuries.
- Excessive Force During Birth Process. This could include forcing too much pushing by the mother too soon, or excessive force with birthing equipment, or harsh handling of the mother or infant by medical practitioners.
- Improper Use Of Equipment. Includes forceps, vacuums, or other delivery assisting devices.
- Failure to Recommend A Specialist. If there was any chance of high-risk pregnancy or delivery, the mother should have been recommended to a specialist.
Common Injuries Associated With Giving Birth
The birthing process if not managed correctly can result in many different types of injuries. Some of the more common injuries include:
Common Injuries To The Baby
- Traumatic brain injury
- Fractures to the skull and shoulders
- Cerebral Palsy, Erb’s Palsy, Klumpke’s Palsy
- Facial paralysis
- Shoulder dystocia
Common Birth Injuries To The Mother
- Becoming incontinent
- Rips, tears or other damage to the uterus or birth canal
- Uterine ruptures
- Pelvic fractures
- Pelvic muscle or pelvic floor damage
The Impact Of Birth Injuries
When a baby is injured during delivery, everything about their future is changed. If the injury is severe, the baby may suffer permanent injury and require life-long medical care. The emotional strain on the family is great, and many families are unsure of how they will cover the cost of care.
Our compassionate and caring Trenton birth injury attorneys understand that families are facing uncertainty when their infant is injured during birth. We know that legal action is the last thing on your mind during this difficult time, but we encourage you to consider speaking to an attorney about the injuries.
Seeking compensation for the birth injuries the baby or mother received will provide the family with a little relief. Securing compensation for medical care and other losses will at least help ensure that the baby has what they need medically now and in the future.
Knowing that your baby is protected financially will allow the mother and the family to concentrate on what is absolutely the most important issue at hand: caring for the baby.
How Can I Be Sure My Baby’s Condition Is a Birth Injury?
If your newborn is diagnosed with a condition that you feel is a result of an injury from the birthing process, speak to a Trenton birth injury lawyer. We have attorneys that are dedicated to this specific area of law that can help you find the answers that you are looking for about the diagnosis.
Our attorneys will review all of the medical information about your pregnancy and delivery. They will check charts, medical notes and any other facts surrounding the case. The attorney will also consult with medical experts and have them review their findings to determine if there was a birth injury to your baby.
Who Is Responsible For The Birth Injury?
Your Trenton birth injury lawyer will review all of the information regarding the birth of your baby. They will determine which medical professional(s) deviated from the standard of care that led to the injury of your baby.
In some cases, multiple people may be cited for the birth injuries. Your attorney will review the actions of the following people:
- Doctor involved in the labor and delivery process
- Nurses, nurses’ aides and other care providers during and after delivery
- Midwife, Doula or other natural birth care giver
- Hospital care and care policies
What Type Of Compensation Is Available For Birth Injuries
We understand that the last thing that any family is thinking about when a birth injury occurs is compensation. Monetary damages, however, can help protect the injured infant by ensuring that they have the resources available for the care they need. The type of injury and its severity may require life-long care, and it is only right that the responsible parties cover these costs.
When you are seeking compensation for a birth injury, your Trenton birth injury lawyer may seek damages in one or more of the following areas:
This compensation will cover all current and future medical care costs for the infant. This will include all types of care that the baby will need as they grow including care for the injury, therapies, and medications.
Additional Health Care Costs
These costs are associated with specialized equipment that may be needed for the baby now and as they grow, changes to the home to accommodate any special needs and changes to transportation to accommodate special needs. Your attorney may also seek compensation for in-home care services or special care specialists if necessary.
Parents who must stay home to care for the child or miss substantial amounts of work time for medical care appointments are entitled to receive compensation for their lost income.
Loss of Society and Companionship
If the injuries to the infant are going to significantly change how the child will interact with their family and loved ones in the future, the attorney will seek damages for loss of society and companionship.
Pain and Suffering
Your attorney will seek non-economic damages for the pain and suffering your baby has endured as a result of the injuries.
Additional forms of compensation may be available to the family. If the mother was injured during the labor and delivery process, your attorney might file a separate lawsuit on her behalf to seek damages for her injuries and losses.
The Importance Of Hiring A Trenton Birth Injury Attorney
A study was released by the Center for Disease Control (CDC) in May 2019 that shows that the United States has one of the highest rates of birth injuries and injuries to the mother during the birth process in first-world countries. The report further showed that 3 out of every 5 birth-related injuries could have been prevented.
The CDC report shows that a majority of all birth-related injuries and maternal deaths related to labor and delivery were the direct results of negligence by the medical staff. Over half of the injuries that they reviewed could have been prevented by correctly monitoring the baby and mother during labor. The rest of the injuries were the result of misuse of equipment, failing to induce labor in time or related to c-sections.
Medical practitioners must be held responsible for these incredibly high rates of negligence. The only way that a patient can hold the medical staff responsible is through legal action and compensation. Hopefully, being held responsible for their actions will help prevent more injuries in the future.
NO FEES UNLESS WE WIN. Our law firm works on a contingency basis. This means that we will not collect any fees for our services until we win. We know that your finances and focus is on caring for your loved one, so we try to help by not placing any additional financial burdens on our clients.
NO OBLIGATION CASE REVIEW. If you are not sure if you have a birth injury case, or you are just unsure about the entire process, we encourage you to schedule a FREE CONSULTATION. There is no obligation to you, and you can learn how our law firm can help you.
Secure the compensation you need to care for your injured baby. Talk to a Trenton birth injury lawyer about your case today.