Birth Injury Attorney West Orange

Recovering Compensation for Victims of Birth Injuries in NJ

Sometimes the negligence of a medical professional can result in irreparable physical damage to your newborn infant. Often, signs of the damage will not be evident until the child is older. Whether you notice problems with your baby right away or as time goes on, you may be entitled to compensation for your child’s birth injuries.

Our New Jersey birth injury attorneys at Bendit Weinstock, P.A. know how difficult and emotionally trying it can be to deal with the repercussions of injuries caused by neglectful medical staff. We make it our business to help families like yours get the compensation they deserve to cover current and future medical expenses.

Speak to one of our New Jersey birth injury lawyers by calling (973) 736-9800 and scheduling a consultation. We are located in West Orange, Union City, and Edison and serve clients throughout New Jersey.

Birth Injuries Can Be Minor or Major

Many terrible things can happen when doctors and nurses are not doing their jobs correctly. During the labor and delivery process, it is particularly important to properly evaluate and treat the mother and infant. When this does not occur, injuries can result. The infant can be born with minor injuries, such as small cuts and facial and head bruising. Injuries resulting from mistakes made by medical staff can also be more critical, including nerve damage and brain damage from oxygen deprivation.

Different birth injuries require specific medical interventions. Minor injuries may heal on their own or with minimal treatment, but major injuries might necessitate ongoing care, therapy, or surgery. Early intervention often plays a crucial role in managing the impact of these injuries and can significantly improve long-term outcomes for affected infants.

Types of Birth Injuries

Some of the most common types of birth injuries include:

• Cerebral Palsy: Often caused by oxygen deprivation during labor/delivery, cerebral palsy is a group of disorders. The condition affects the affected individual’s ability to move, as well as his/her muscle tone and posture. Symptoms in infants and young children may include stiffness, “floppiness,” poor or exaggerated reflexes, involuntary movements, muscle spasms, and more.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when an infant does not receive enough oxygen/blood flow to the brain during labor or birth, resulting in brain damage. The affected infant may also suffer organ damage in addition to brain damage. HIE can be treated effectively if caught early enough.
• Brachial Plexus Injuries: The brachial plexus is a bundle of nerves near the shoulder which can be damaged during the birthing process. An infant with a brachial plexus injury, such as shoulder dystocia, may be unable to use his or her hand, arm, or shoulder on the affected side. Depending on the degree of injury, brachial plexus injuries may be treatable and may even heal completely.
• Seizure Disorders: An infant may develop a seizure disorder, such as epilepsy, as a result of oxygen deprivation or reduced blood flow during or immediately after birth. Additionally, seizure disorders can result from untreated infections and other forms of birth trauma.
• Vacuum/Forceps Injuries: In cases of assisted birth, a doctor may accidentally injure an infant by misusing a vacuum extractor or forceps. This can lead to minor surface injuries, such as cuts and scrapes, as well as major internal injuries, such as brain trauma or broken bones. Sometimes, vacuum/forceps injuries also lead to temporary facial paralysis or nerve damage.
• Cephalohematoma: Cephalohematoma occurs when there is bleeding beneath the infant’s cranial bone. Left untreated, cephalohematoma can lead to serious complications, such as jaundice, which should be treated immediately.

Note that this list is not exhaustive; if your child suffered any type of injury or complication during a difficult pregnancy, labor, or delivery and you believe a medical professional is at fault, contact the birth injury lawyers in Essex County at Bendit Weinstock, P.A. to find out how we can help.

Mistakes by Medical Professionals in Childbirth

Ensuring a safe labor and delivery process can significantly reduce the risk of birth injuries. Common errors include failing to monitor fetal distress, delaying a necessary cesarean section, and improper use of delivery tools like forceps or vacuum extractors. Recognizing these potential errors is crucial for medical staff to prevent irreparable harm to the infant.

It is essential for healthcare providers to periodically update their training on the latest best practices and guidelines in obstetrics. Continuous education and adherence to standardized procedures can improve the quality of clinical decisions made in the delivery room, thereby protecting both mother and child.

Understanding Local Laws on Birth Injuries in West Orange

In West Orange, understanding the legal framework surrounding birth injuries is vital for pursuing compensation. New Jersey laws emphasize the importance of filing within the statute of limitations for medical malpractice, which typically allows two years from the date of discovery of the injury. 

This means that if you realize later that your child's condition may be related to a birth injury, timing becomes crucial in seeking legal assistance. Consulting with a knowledgeable birth injury attorney in West Orange can help clarify these time constraints and ensure that your rights are protected within the legal boundaries.

Moreover, New Jersey applies a comparative negligence rule to medical malpractice cases. If the healthcare provider is found to be partially at fault, their liability will diminish depending on their degree of fault. It is crucial to gather strong evidence demonstrating negligence; this might involve medical records, expert testimonies, and other important documentation. Partnering with adept legal representation is essential for navigating the complexities of these laws and advocating effectively for fair compensation.

Addressing Birth Injuries with Compassion & Care in West Orange

At Bendit Weinstock, P.A., we understand that the impact of birth injuries extends beyond physical harm, deeply affecting families emotionally and financially. Our dedicated team approaches each case with sensitivity and commitment to advocate for the best outcomes for your child. We work tirelessly to provide clarity and guidance, making sure that you understand every facet of your legal journey. This compassionate approach is central to our service philosophy, reflected in the trust our clients place in us time and again.

Choosing Bendit Weinstock, P.A. means choosing a firm that prioritizes your family's well-being while navigating the legal landscape with skill and dedication. We strive not only to seek justice but to support you through every challenge, providing the reassurance and peace of mind you need as you focus on what truly matters—your family's future.

Frequently Asked Questions

What Is the Statute of Limitations for Birth Injury Claims in New Jersey?

The statute of limitations for filing a birth injury claim in New Jersey generally permits two years from the date the injury is discovered. This timeframe is crucial as many birth injuries are not immediately apparent, and the symptoms may take years to manifest. Timeliness is key to securing necessary evidence and medical evaluations. For parents, this means maintaining diligent medical records and observing any unusual developmental issues that could relate to the birthing process. Consulting with a birth injury attorney promptly allows for a thorough evaluation and timely filing of your claim, ensuring that your right to seek compensation is protected.

How Can I Prove a Birth Injury Was Caused by Medical Negligence?

Demonstrating that a birth injury resulted from medical negligence typically requires comprehensive evidence showing that the medical provider deviated from the accepted standard of care. Collecting this evidence often entails obtaining detailed medical records, securing expert testimonies, and demonstrating a direct link between the healthcare provider's actions and the injury. An experienced birth injury attorney can systematically gather and present this evidence, ensuring that all factors are considered in building a strong argument for your claim. Furthermore, cooperation from healthcare providers and compliance with subpoenas for medical records are critical during this process.

What Compensation Can Be Claimed for Birth Injuries in West Orange?

Compensation in birth injury cases can vary widely, depending on the extent and impact of the injury. Typically, claims encompass both economic damages, such as medical expenses, ongoing therapy costs, special education needs, and non-economic damages, like pain and suffering. In New Jersey, there may also be potential for punitive damages if the negligence was particularly egregious. An attorney specializing in birth injury cases will evaluate the specifics of your situation to determine the appropriate compensation avenues. They will consider present needs and future implications, including necessary long-term care plans for the affected child.

Why Is a Birth Injury Lawyer Important in West Orange?

Having a competent birth injury lawyer in West Orange can make a significant difference in navigating the complexities of state-specific legal standards and procedures. These attorneys can offer personalized insights into local court practices and precedents that might influence the outcome of your claim. They can also connect you to relevant local experts familiar with New Jersey’s healthcare standards, which can be pivotal during litigation or settlement negotiations. Engaging a local attorney means having someone who understands community dynamics and has prior experience in tackling local healthcare institutions involved in similar claims.

Are Birth Injuries Preventable?

While not all birth injuries are preventable, many can be mitigated with proper prenatal care and attentive monitoring during childbirth. Strategies to prevent these injuries include thorough communication between medical staff and the expectant parents, comprehensive prenatal screenings, and readiness to act promptly in case of fetal distress. Parents should feel empowered to ask questions and engage actively with their healthcare providers to understand potential risks and interventions available. Healthcare providers, on the other hand, must ensure strict adherence to established medical protocols and remain vigilant throughout the pregnancy and delivery process.

Bendit Weinstock Fights for Children Born with Birth Injuries

Our New Jersey birth injury attorneys realize the need to right a wrong and are on the side of the families of children who are victims of birth injuries. We spend the time to gather the necessary documentation, speak to witnesses, and consult with experts to strengthen your claim. It is important to speak to an attorney as soon as you notice your child is having problems so that we can work toward getting your medical expenses covered.

The advocacy provided by our team involves not only bringing awareness to prevent future malpractice but also supporting the affected families throughout the recovery process. We understand that beyond the legal implications, families face emotional and financial stress, and we are here to guide and support you at every step.

Contact our practiced New Jersey birth injury lawyers at Bendit Weinstock, P.A. at (973) 736-9800. We have been helping families in New Jersey for 60+ years.

Related Pages

• Medical Malpractice
• Personal Injury