A birth injury can cause your child to face lifelong challenges and disability. Although an injury at birth is sometimes an unavoidable risk, in other situations, these injuries are caused by careless or negligent medical professionals. If you believe your doctor, a nurse, technician or another professional involved in your delivery caused your baby's birth injury, then you may be able to recover compensation in a case handled by our experienced attorneys in New Jersey.
What Is a Birth Injury?
A birth injury is an injury to a baby that occurs during labor and delivery, and less often occurs earlier in the pregnancy. Childbirth injuries may result in oxygen deprivation, brain injury or physical trauma. These types of cases often involve the following complications caused by the injury:
- Erb's palsy (brachial plexus disorder)
- Cerebral palsy
- Facial paralysis
- Wrongful death
These cases hinge on showing that your doctor or another medical provider failed to provide adequate care during your pregnancy, or during labor and delivery. Birth injury claims are sometimes brought against pharmaceutical companies, if a woman was given inadequate advice about medication while she was pregnant, or if the drug turns out to be dangerous for the fetus or the mother and she was not properly warned of the danger.
Causes of Birth Injuries
For the most part, birth injuries arise during the labor and delivery process:
- Failure to recognize complications during pregnancy
- Failure to recognize or respond to signs of fetal distress
- Failure to recognize or respond to umbilical cord complication
- Failure to order a C-section when necessary
- Improper use of forceps
- Improper use of vacuum devices
When things like these happen, the baby may be deprived of oxygen or can suffer injury to its limbs, nerves, head or spine.
It's possible for the injury to arise during pregnancy (as opposed to delivery), but these are more often birth defects that cannot be attributed to the conduct of the doctor and medical staff. But if medical professionals failed to meet accepted standards of care at any point while you were under their care, and caused a birth injury as a result, then you may have a claim to pursue compensation. Money damages can help you pay for the things your child may require – such as medical care, and speech and physical therapy – as well as compensate you and your baby for pain and suffering.
If you believe your child suffered a birth injury because of someone else's negligence, please call Clark & Clark, LLC, at 732-303-7857 for your free case evaluation. We serve Jersey City, Newark and areas across New Jersey.