Welcoming a newborn into your life brings many parents sheer joy. Even though many births take place without any significant complications, there may be times when there is an injury during the delivery process. A birth injury involves an event that took place during delivery that would compromise the infant’s normal function of the body.
Many parents do not know what to do when facing such a gloomy situation. Do not let a physician go unpunished for their mistake. If your child has experienced a birth injury, do not delay in contacting Varcadipane & Pinnisi, PC today to discuss your rights.
Parents feel powerless when dealing with birth injuries to their children, often wrestling with whether they need to accept their outcomes or possibly file legal claims. You should take the time to speak to a lawyer about your case so you can fully understand what might be done in your situation.
According to a 2020 study performed by the Centers for Disease Control and Prevention (CDC), 5.4 babies died per 1,000 live births, with birth injuries being the fourth leading cause of infant mortality.
Birth injuries may stem from head trauma, nerve damage, and vacuum extraction or forceps-assisted complications.
The CDC also reports that birth defects affect one in every 33 babies, or about 3 percent of all children.
Birth defects are also identified as being the leading cause of infant deaths, accounting for 20 percent of infant deaths. The CDC estimates that one in every 4,647 births will involve anencephaly and affect 847 babies, one in every 10,502 births will involve encephalocele and affect 375 children, and one in every 2,758 births will involve spina bifida and affect 1,427 babies.
The CDC also estimates that one in every 5,243 births, or 751 babies, can see defects such as anopthalmia or micropthalmia. When it comes to heart defects, the CDC says:
The CDC says that when it comes to mouth or face defects:
When it comes to stomach or intestine defects:
In terms of muscle and bone defects, the CDC says:
Chromosome and gene defects can include:
Each type of injury carries complications that can result in the following disorders, seek legal help from a New Jersey birth injury lawyer.
Health care providers may be found accountable for birth injuries when they did not provide the standard of care that is expected of them. Medical professionals must be held responsible for their negligence.
Ways health providers exhibit negligence during labor and delivery:
All medical professionals have an obligation to navigate difficult birthing situations and provide prompt medical treatment. When a mother or child is in some kind of danger, a doctor must act quickly to prevent possible harm or they could be deemed negligent.
Most birth injury cases will be medical malpractice cases, and people only have two years to file these claims with the dates of a person’s injuries or the date they became aware of the injuries being the starting point for the statute of limitations. The National Library of Medicine reported that a survey of specialty arthroplasty surgeons showed that over 70 percent of respondents were sued at least once for medical malpractice during their career.
Childbirth is dangerous in the United States, and a team of medical professionals is in the room to ensure the safety of the mother and newborn. Each member of the team is vital to safe labor and delivery. Since there are so many professionals in the room, if one fails, it can cause injury, and they must be held responsible. Examples of parties who can make an error and harm the mother and newborn are:
You will need to prove that the negligent actions of these parties were a breach of the standard of care in their specialty. Our New Jersey Birth Injury Lawyer is here to advocate on your behalf.
Our firm will be able to fully investigate your case and secure all of the evidence that will be necessary to prove your case in a court of law. We understand the increased difficulty involved in proving that medical professionals were negligent, but we also understand the most effective ways to handle these types of claims.
Monetary recovery does not erase what happened but provides a financial foundation for the future. For many families filing a birth injury claim also provides justice because the negligent party is paying you for the harm they caused. Your child will require accommodations for the rest of their life, and while you know that raising a child comes with some expenses, these were not in the plan, and you need compensation to circumvent them. You can recover damages for:
These damages aim to punish the negligent party and compensate the parents so the child can live a meaningful life. There will be some upheaval in the coming years, and the finances should not be a significant concern.
Congenital disabilities are very complex, and a child is left with a restricted life without ever having the chance to experience some normalcy. When it comes to minors, legal matters are complex. The parents can begin seeking legal recourse immediately after an injury, and they should. The New Jersey statute of limitations for birth injury claims is two years. However, when a minor child is involved, the deadlines extend to two years after they turn 18. You must take action because medical records and other substantial evidence can disappear, especially after nearly two decades. You can also recover compensation sooner which can help with your expenses.
It is important for all people to understand that each injury action in New Jersey has a specified statute of limitations that effectively limits the time for which people may file claims in their cases. You will need to get an attorney involved in your case as soon as possible so they can have appropriate time to properly investigate your case and prepare all legal paperwork.
When a medical mistake occurs, your first thought is how to come to terms with the tragedy. If your child has sustained a birth injury, you will be facing a lifetime of doctor’s visits and continuous medical bills. Allow us to ease the financial burden. Seek legal help from A certified civil trial lawyer. Contact us today to schedule a free consultation.
Our firm will be able to use all of the available evidence to help you with your birth injury case. We know how to secure medical records that involve fetal monitoring strips, interviews with nurses and physicians, prenatal care and delivery, ultrasounds, laboratory testing, evaluations with psychiatrists, reports regarding long-term care needs, and reports estimating the cash value of care required.
Need Help? Contact us 24/7Free Consultation (800) 616-2916
New York & New Jersey Personal Injury & Litigation Lawyers
Schedule a free consultation with one of our experienced lawyers by filling out the form below, or call us at (800) 616-2916
Justin L. Client
Vincent H. Client
Boris S. Client
Bruce H. Client
Michele A. Client
Carlo R. Client
E.C.M. Business Client
Ana R. Client
Cheri C. Client
Rick P. Client
Jennifer S. Client
Kenneth K. Client
Andrew L. Client
Charles D. Client
Donna H. Client
Richard L. Brandbliss
Peer Review Birth Injury Attorney
Peer Review Personal Injury Attorney
Peer Review Car Accident Attorney
Peer Review Criminal Defense Attorney
Peer Review Personal Injury Attorney
OPPRESSED MINORITY SHAREHOLDERview all case results
Structured Settlement For Infant Injured At Birthview all case results
Recovery in Fraudulent Conveyance Actionview all case results
Jeffrey W. Varcadipane Secures $750,000 Of Assets In Excess Of Insurance Policy Limit Of $1,000,000, Paving Way For Plaintiff’s Settlementview all case results
Settlement for client injured in construction accidentview all case results
January 30, 2023
Excessive Speeding and Accidents: What You Should Know We live in a world where time is of the essence. Unfortunately, people don’t think about the consequences of speeding until they are pulled o...
January 26, 2023
Whether you have a personal injury claim in New York, New Jersey, or Florida, you need to show negligence and must file a claim within a certain amount of time. To file a claim, you need to understan...
January 18, 2023
Every day, there are millions of cars on the roads in New Jersey. Within this highly-populated state where commuters rely on their vehicles for transportation, it is common for accidents to happen. F...
January 12, 2023
Injuries can happen anywhere, and when a serious injury happens when you are at your job, the situation can be especially stressful. In some cases, workers might worry that they will be fired if they...