The birth of a baby should be one of the happiest moments in a new parent’s life. Sadly, many newborns experience serious birth injuries that impact them for the rest of their lives. An attorney can help you fight for fair compensation and justice for the doctor’s negligence.
Birth injuries might be relatively mild or permanent and debilitating. Many birth injuries are caused by medical negligence before, during, and shortly after the delivery. Some injuries are internal and do not show up for a little while. Others are more obvious from the moment of delivery. If you think your child was injured during birth, have them evaluated by another doctor and contact an attorney as soon as possible. Damages in birth injuries may be very significant, especially if the injuries lead to lifelong complications for your child. Evidence in your case may consist primarily of medical records, although we might need additional evidence, depending on the situation.
To begin your case with a free case assessment, call our birth injury attorneys at (732) 838-9769 and talk to our experienced team at Legal Care New Jersey.
How Birth Injuries Can Occur in Paterson, NJ
There are various ways in which birth injuries might happen. Injuries may vary in severity. Some newborns recover rather quickly from some injuries, while others are more debilitating or even permanent. Below are a few somewhat common examples of birth injuries and how they might occur. If you do not see your child’s injury described here, you should still reach out to our birth injury lawyers to help you get compensation.
Brachial Plexus Injuries
Brachial plexus injuries, often referred to as Erb’s Palsy, is a birth injury that often stems from difficult delivery. The injury occurs when the newborn’s arm or shoulder is pulled or stretched too far, often in an attempt to get them out of the birth canal. Unfortunately, when the nerves in this area are stretched too far, the child might experience some degree of numbness or even paralysis.
Brachial plexus nerves are a complex nest or network of nerves that run from the neck down the shoulder to the arm and harm. Nerve damage tends to be complicated, and treating nerve injuries can be difficult. Sometimes, a newborn with brachial plexus nerve injuries may recover in time with proper treatment. Others live with long-term or lifelong complications. Pain, numbness, and limited mobility are all possible issues.
Fractures
Fractures are common childhood injuries, especially for kids who like to play rough. However, we usually expect minor fractures to happen as children get older, not during birth. Fractures might happen when doctors are too rough during the birth. They might try to pull the newborn too hard or use equipment like forceps that cause fractures.
Some fractures may heal with time and immediate medical treatment. Other fractures are far more severe. For example, newborns often experience pressure on their skulls during delivery. If doctors are not careful, this pressure might cause devastating or even deadly skull fractures. If your child experienced any fracture during birth, call a lawyer immediately.
Cerebral Palsy
Cerebral palsy is a complicated condition. Children born with this condition might live with various permanent brain damage that affects speech, motor skills, and cognitive abilities. Cerebral palsy is permanent. Often, the condition arises in utero or during birth. It is still not fully known exactly what causes cerebral palsy, but medical professionals have identified many risk factors that increase the odds of a child being born with cerebral palsy.
Many cerebral palsy risk factors involve certain conditions that occur during pregnancy. For example, a pregnant parent who gets certain infections during pregnancy, has thyroid problems, or has a seizure condition might be more likely to have a child with cerebral palsy.
Birth complications that cause the child to be deprived of oxygen for too long also tend to cause cerebral palsy. For example, uterine ruptures or problems with the umbilical cord might cut off the newborn’s oxygen supply during birth.
Your doctor should help you determine if you are at risk of delivering a child with cerebral palsy. Tests should be run to determine if you are at risk, and steps should be taken to minimize those risks. Negligent doctors might ignore warning signs, causing your child to be born with cerebral palsy.
What to Do if You Believe Your Child Has a Birth Injury in Paterson, NJ
If you believe your child was injured some time during birth, you should immediately have them evaluated by another doctor. It might also be a good idea to take your child to several other doctors so you have more than one medical opinion on their condition. Not only will this allow your child to get the medical help they need, but we can begin compiling medical records of your child’s condition and treatment.
Document everything you can! While your child’s doctors should be keeping thorough medical records, it is up to you to document everything else. This includes all communications with doctors and medical professionals involved in your child’s birth and medical care. Any emails should be saved, phone calls should be noted, and anything your child’s doctor said or did during delivery and after should be documented somehow. While official documentation is best, even your own handwritten notes might be helpful.
If you think your child’s doctor injured them during delivery, talk to a lawyer. Your lawyer can evaluate your claim and determine if you have a valid cause of action. If you do, they can help you get started on documenting important evidence and taking steps to build your case. According to N.J.S.A. § 2A:14-2(a), a claim based on birth injuries must be filed before the injured child is 13.
Recoverable Damages in Paterson, NJ Birth Injury Cases
Damages in birth injury cases are often large, perhaps larger than you first think. Of course, we must account for the various medical costs that come with a birth injury. You might rack up large medical bills treating your child’s injuries. If your child’s injuries are long-term, you might encounter additional costs in the future. For people with permanent injuries, medical care might be a lifelong expense.
We must also consider the emotional and psychological toll of everything. People born with injuries often face long, uphill battles. Their physical and mental development might be delayed, and the emotional fallout might be intense.
Call Our Paterson, NJ Birth Injury Attorneys for Legal Assistance
To begin your case with a free case assessment, call our birth injury attorneys at (732) 838-9769 and talk to our experienced team at Legal Care New Jersey.