New Jersey Birth Injury Attorney
Did your child suffer an injury at birth due to the negligence of a doctor or other health care provider? If so, you may be able to pursue financial compensation. At Lynch Law Firm, PC, our licensed attorneys are prepared to review your birth injury claim in a free consultation and discuss your legal options.
Since 1994, our attorneys have helped recover over $300 million in compensation on behalf of our clients.* Partner James Lynch was inducted into the New Jersey Law Journal’s Personal Injury Hall of Fame in 2014. He has also been named to the New Jersey Top 100 Lawyers List several years in a row.
Our team works on contingency, meaning that you do not pay any upfront fees or hourly costs for our services. You only pay us if we win your case and recover compensation on your behalf, so there is no risk to you.
We are prepared to answer your questions. Call today 201-500-6000
Why Should I Hire a Lawyer to Represent My Case?
Many people believe hiring an attorney is expensive and not worth the cost. However, there are no upfront fees for our services. We do not get paid unless you receive compensation. There is no financial risk in discussing your situation with one of our licensed attorneys.
Having a licensed attorney on your side may help ease the burdens of the legal process, allowing you to focus on the needs of your child.
Birth injury cases are quite complicated, and you need a knowledgeable attorney who knows how to build a strong case. You need a lawyer with extensive experience investigating medical malpractice, obtaining evidence, finding medical experts and negotiating for compensation.
Lynch Law Firm, PC has helped many victims of medical malpractice secure compensation and we have extensive knowledge of the steps in the legal process. We are fully prepared to take your case to court if we cannot secure favorable compensation from the insurance company.
Your chances of recovering compensation may be greatly increased by hiring a licensed attorney. Injury victims with legal representation generally secure larger compensation awards compared to victims without attorneys.
Who May be Eligible to File A Birth Injury Claim?
If your child suffered an injury during pregnancy, labor or delivery, it may have been caused by medical negligence. Often, doctors fail to check for signs of fetal distress or respond appropriately when the fetus is in distress. This can result in life-changing injuries and disabilities.
However, it is difficult to prove medical negligence. Not only does your New Jersey birth injury lawyer need to show negligence occurred, but he or she must also show it was the cause of your child’s injury. He or she must collect detailed evidence about what the doctor did or did not do, and the effects of the doctor’s actions or inaction.
Even if the doctor did not cause the injury, he or she could be held liable for failing to properly diagnose an injury. The purpose of such a claim is to recover compensation for the medical expenses the child is likely to incur throughout his or her life. These claims are also called wrongful birth lawsuits, as parents were deprived of the right to make an informed decision about the unborn child.
New Jersey differs from other states in that it does not allow parents to file a wrongful death claim for an unborn child’s fatal birth injuries. For a parent to file a wrongful death claim, the child must have been born alive.
If you have questions about your claim, give us a call today to discuss.
Free Consultation. Call today 201-500-6000
How Much is a Birth Injury Case Worth?
If your lawyer validates your claim, and you decide to move forward, you may be able to pursue compensation for past and future medical costs associated with diagnosing and treating an injury. This may include compensation for things like:
- Physical therapy
- Occupational therapy
- Appointments with doctors
- Psychological counseling In-home care
- Surgeries
- Prescription drugs
- Walker
- Crutches
- Wheelchair
Parents may also be eligible to pursue compensation for lost wages for having to take time off work to care for the injured child. The cost of home or vehicle modifications to accommodate a disability may also be included.
You may also be eligible to seek compensation for non-economic damages, such as pain and suffering or other psychological injuries associated with the birth injury.
Fortunately, unlike some other states, New Jersey does not have a cap on recovering economic or non-economic damages for malpractice claims involving birth injuries.
Is There a Time Limit for Filing a Birth Injury Claim?
The statute of limitations for filing a personal injury or medical malpractice lawsuit in New Jersey is generally two years. However, when the claim involves a birth injury, a lawsuit must be filed before the child’s 13th birthday.
The reason for this exception is that the law recognizes some birth injuries may not begin to show until the child is much older, and therefore, the injury may go unnoticed until the child misses some developmental milestones.
If you have questions about the deadline for seeking compensation for your child, give Lynch Law Firm, PC a call. Our New Jersey birth injury lawyers are ready to assist you.
What is a Birth Injury?
Birth injuries are frequently confused with birth defects. A birth defect is something that happens to the baby while he or she is in the womb. A birth injury often happens during labor or the delivery of the child. Birth injuries may be caused by a medical professional’s negligence and may include:
- Spinal cord injuries
- Low oxygen or blood circulation
- Nerve damage
- Traumatic brain injuries (TBI)
- Broken bones
- Internal bleeding
How Fast Can a Birth Injury Happen?
It could take just a couple of minutes for a child to suffer a birth injury and have lifelong complications. Waiting just a little too long to do a C-section can result in significant injury to the fetus. Doctors need to act quickly, particularly during a difficult birth.
That is why medical professionals such as delivery room nurses, doctors, surgeons and other licensed professionals are expected to maintain a certain level of care.
Common Causes of Birth Injuries
Birth injuries may be the result of one or more medical mistakes that are made during the labor and delivery process that could have been prevented.
Some of the most common causes of birth injuries include:
- Oxygen deprivation
- Delaying a C-Section
- Improper use of forceps
- Not treating infections in the mother
- Excessive force during the delivery process
- Improperly estimating child’s weight and size
- Failure to perform necessary and/or appropriate testing
- Prescribing medicine that results in side effects
- Failure to monitor the mother and/or baby for signs of distress
Doctors involved in the birthing process need to be aware of problems that increase the risk for birth injuries, such as:
- Premature birth
- Long or difficult labor
- Infants being positioned feet first instead of head-first
- Mother having a small pelvis
- Need for excessive pulling during delivery
Failing to account for these issues could be considered medical malpractice.
Discuss your claim today. Call 201-500-6000
Some Birth injuries May Have Lifelong Effects
The average cost of raising a child, according to a report from the U.S. Department of Agriculture, is more than $233,000, not including the cost of college tuition. For a parent whose child suffered an injury at birth that resulted in lifelong complications, that amount could be doubled or tripled, depending on the severity of the injury and the medical costs to treat the child.
Children who suffer cerebral palsy or brachial plexus injuries may need extensive and long-lasting medical help to manage symptoms. Spinal cord injuries may result in permanent limited mobility, requiring the use of a walker, crutches or a scooter. Children with cerebral palsy may need a lot of help because of physical or cognitive difficulties.
With the help of one of our licensed New Jersey birth injury attorneys, you may be able to pursue compensation for the cost of treating these kinds of injuries.
We Are Prepared to Help. Call Today
Our attorneys have a proven track record of recovering compensation on behalf of victims who have suffered an injury at the hands of negligent medical professionals. Our firm has secured numerous multi-million-dollar results in several medical malpractice cases.
While monetary compensation cannot change what happened, it may help ease the financial strain on your family and allow you to provide the medical care your child needs to overcome or manage medical problems caused by the injury.
We are prepared to review your claim at no cost to you and there is no obligation to work with us. However, if you choose to hire us to represent you during this difficult time, we are prepared to manage every step of the process, including negotiating with the insurance company on your behalf and preparing for court if necessary.
