Birth Injury Lawyers In New Jersey

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In addition to the already overwhelming experience of caring for a newborn, if a mistake during delivery led to a permanent injury in the mother or baby, new parents may feel guilt or fear.

Should A Birth Injury Have Been Avoided?

A parent may feel angry when their infant suffers a birth injury because complications led to their delivery being handled incorrectly.

Have you doubts about the healthcare provider's diligence during childbirth? If you or a loved one has been injured due to a birth injury, our medical malpractice law firm can help. Contact us today for a free consultation and to learn more about your options.

Common Types Of Birth Injuries

Although the list below includes a variety of birth injuries, it is not exhaustive. Other conditions that may result from accidents or injuries during the birthing process can also be found here.

Brachial Plexus Injury

During birth, overstretching or pulling on the neck can result in nerve damage to the brachial plexus. There are varying degrees of disability as well as temporary and permanent forms of such injuries.

Typically, brachial plexus injuries are associated with the improper handling of an infant during delivery. This type of birth injury will likely require medical treatment to heal, and a lawyer can help determine if a claim for compensation can be filed against a negligent practitioner or hospital if this type of harm was caused during delivery.

Bone Fractures

Newborns may suffer broken bones, as may the mother depending on childbirth complications. The mother's legs can also suffer nerve damage or bleeding from a pelvic fracture or other broken bones, which can be fatal.

Spinal Cord Injury

It is not uncommon for spinal cord injuries to be catastrophic and to last for long periods with a high cost of care. Even though the paralysis is not always fatal, it can be debilitating.

Brain & Head Trauma

During a brain injury, swelling occurs within the brain with bleeding, bruising, or tears within the skull.

Subdural Hematoma

Blood is gathered outside the brain in a subdural hematoma. This occurs when blood vessels in the head are torn or ruptured. In the event of internal bleeding in the brain, this can increase intracranial pressure. A drain or surgery is typically required to stop the bleeding and prevent further complications.

Cerebral Palsy

There is a wide range of severity of cerebral palsy symptoms. Children with cerebral palsy may have difficulty with muscle tone, movement, and motor skills, including speech. Medical care is often required by children with cerebral palsy due to complications associated with their condition.

Erb's Palsy

Birth injuries to the brachial plexus -- the bundle of nerves that controls sensation and movement -- can cause Erb's Palsy. Paralysis and fine motor skill loss may result from nerve damage in these areas.

Premature Rupture Of Membranes (PROM)

Infection can result from rupture of your amniotic sac before you are ready to deliver, potentially resulting in preterm labor.


If you think you have a birthmark, you should consult a doctor about its type as soon as possible. Birthmarks are usually harmless, but they can become life-threatening in some cases.

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How Long After Birth Can You Sue?

If you have experienced any kind of medical malpractice during birth, you should contact a birth injury attorney immediately. Thus, you can have your claim investigated immediately and get the process started.

In the state of New Jersey, plaintiffs have up to two (2) years from the date of the injury to file a medical malpractice lawsuit for birth injuries. However, if the birth injury is detected outside of that initial statute of limitations, it may still be possible to file and win a birth injury lawsuit.

Birth Injury Lawsuits: Who Can File?

The health of your child has been affected by ongoing complications since you gave birth. Your child may have been treated unfairly by medical professionals, and you may wonder if this is the cause of their health problems.

Did your child suffer harm during delivery? Has this ever worried you in the past? Make sure you take action right away to avoid these complications. Do not take them lightly.

How Much Is A Birth Injury Lawsuit Worth?

In determining the settlement value of birth injury cases, a number of factors are taken into account. For instance, if your child becomes seriously injured, they will need to stay longer or you may need to stay longer at the hospital, ultimately resulting in a higher potential settlement value.

As a result, a newborn's birth injury case could settle for a higher amount than a toddler's or even an older child's case.

Similarly, the severity of the injuries sustained by the mother is equally important. An injury's severity and duration will determine how much the settlement is. In cases where you suffered a severe injury as a result of negligence, such as a broken hip or paralysis, you're likely to receive a higher settlement value than if your injuries were minor, such as with simple bruising.

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This website is by DiLeonardo Law LLC d/b/a Garden State Justice Group. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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