Pennsauken Township Birth Injury LawyerRequest a Free Consultation
Almost every expectant parent looks forward to the birth of a healthy child. Unfortunately, mistakes that occur in the delivery room can change the course of a person’s and their child’s life. A birth injury could result in a lifetime of extensive medical care for you or your child.
If you or your child were injured during labor or delivery, an experienced medical malpractice attorney could help you take legal action to alleviate your personal and financial burdens. A Pennsauken Township birth injury lawyer from our firm could help you determine whether you are entitled to pursue financial compensation for your family’s damages.
What is a Birth Injury?
Generally, a birth injury occurs when a medical professional’s negligence causes harm to a baby or a mother during the delivery process. In fact, most birth injuries are the result of poorly handled complications during delivery.
While many pregnancies result in healthy, problem-free deliveries, obstetricians, midwives, and nurses who work in delivery rooms are trained to look for anything out of the ordinary that might lead to a birth injury. Some of the most common causes of birth injuries in Pennsauken Township include:
- A very large baby
- A baby that is not in the proper birth position
- A baby that is stuck in the birth canal
- A delivery performed with forceps, vacuum, or other devices
- Poorly timed cesarean delivery
- Failure to provide oxygen to a baby
- Failure to provide the necessary medications to the mother or the baby
- Failure to monitor the health of the baby or the mother during labor
Common Types of Birth Injuries
Poorly performed deliveries often result in physical injuries to the baby, such as skull fractures, head injuries, or shoulder and collarbone fractures. At times, delivery room errors in Pennsauken Township can even result in stillbirth or injuries to the mother, such as excessive bleeding or even death.
Some mistakes in the delivery room can cause nervous system injuries, which can lead a newborn to suffer:
- Brain injuries, including Cerebral Palsy
- Spinal cord injuries
- Hand and arm nerve damage, including Erb’s Palsy
- Facial nerve damage
What Can a Family Recover after a Birth Injury?
Healthcare providers could be found negligent for failing to identify and mitigate risks during birth. If a reasonable medical professional would have been able to successfully prevent the birth injury under similar circumstances, then the defendant healthcare provider would be found negligent.
For example, if an obstetrician misjudges the size of a fetus on an ultrasound, and the baby is too large for the birth canal, he or she could held liable for any subsequent injuries resulting from oxygen deprivation before delivery.
After a birth injury occurs, there are no limits on the amount of recoverable damages for medical and other related costs for the baby’s pain and suffering. A family may even receive punitive damages up to $350,000, or five times the amount of compensatory damages if a Pennsauken Township attorney can prove that the medical professional acted with “actual malice” or with “wanton or willful disregard,” according to New Jersey Revised Statutes §2A:15-5.12.
Time Limits for Filing a Civil Claim
The statute of limitations for filing a civil claim generally gives potential plaintiffs two years from the date of birth or discovery of the injury, according to NJ Rev Stat §2A:14-2. Ultimately, a claim for a birth injury must be initiated before the child turns 13.
Call a Pennsauken Township Birth Injury Attorney Today
A birth injury has the potential to change your family forever and can result in debilitating personal and financial damages. A favorable judgment in civil court may be able to help offset some of your losses. Reach out to a Pennsauken Township birth injury lawyer today to learn whether pursuing a lawsuit is the right action for your family.