Frequently Asked Birth Injury Questions

New Jersey Birth Injury Lawyers Answer FAQ’s about Birth Injuries

As highly experienced birth injury attorneys, we are confronted on a regular basis with questions from parents whose children may have suffered birth injuries due to medical negligence. Here we answer some of the most frequent questions that we receive from victims’ families. Continue reading for more information about birth trauma and please contact us anytime at (866)-708-8617 for a free consultation about your child’s specific birth injury case, You can also send us an email to begin a dialogue with our skilled legal team.

What is Considered a Birth Injury?

A “birth injury” is a broad term encompassing injuries to a baby while in utero, during labor, or in the course of delivery. It is important to note that a birth injury is a distinct occurrence, not a birth defect. A birth defect is a congenital abnormality, often inherited or expressed after environmental exposure during gestation. Failure to diagnose a birth defect is often referred to as “wrongful birth.”

What Causes a Birth Injury?

The are certain circumstances that cannot be prevented; however, many birth injuries are a direct result of negligence on the part of medical professionals. Doctors and others are responsible for properly monitoring and treating mothers and babies from the initial pregnancy confirmation, through delivery, and during the time newborns remain in their care. During pregnancy, failure to recognize certain maternal conditions, such as infection, may result in preventable harm to a child during the critical stages of development or during childbirth. During labor, failure to diligently monitor the mother or child’s condition can also lead to permanent consequences. As for the delivery itself, over-stretching a baby’s arm, pulling them too hard through the birth canal, failing to order a C-section, improper use of maneuvers or birth-assisting tools, or failing to recognize and immediately alleviate fetal distress are just a few examples of negligence that may lead to birth injury.

Who is Liable in a Birth Injury Case?

There are numerous individuals and organizations that may be held liable in a birth injury case. Essentially, any person or facility who participates in your and your baby’s medical care throughout your pregnancy, labor, and delivery may be held liable if they fail to provide an acceptable standard of care. Some examples of defendants in birth injury lawsuits include: obstetricians, gynecologists, nurses, midwives, doulas, medical technicians, hospitals, urgent care centers, and labs.  Often, you may not know who erred in administering care that led to your child’s birth injury. This is why it is essential to have an experienced team of birth injury attorneys who will thoroughly investigate your case to identify when and where negligence occurred.

How Much Does it Cost to File a Birth Injury Lawsuit?

Typically, birth injury attorneys operate on a contingency fee model. This means that you are not responsible for paying attorneys’ fees or any of the out-of-pocket expenses associated with litigating your child’s birth injury case until a recovery is achieved. In other words, you pay nothing for the services of the law firm until they obtain a verdict or settlement on your behalf. After that, the attorneys’ fee is taken as a percentage of the total compensation you receive. This is a beneficial arrangement for you because you are not required to pay the up-front costs of a lawsuit and your legal team is highly motivated to achieve you the maximum recovery. Our highly skilled birth injury lawyers provide a free initial consultation and charge you and your family nothing unless we recover damages in your case. Damages may include the past and future costs of medical care, rehabilitative treatments and therapies, life-long supportive care, any necessary equipment or accommodations, and pain and suffering.

How Long do I have to File a Birth Injury Claim?

The statute of limitations to file a birth injury claim is highly variable, based on the specifics of the case and the state in which the lawsuit will be filed. Depending on what happened in your child’s unique situation and when you noticed signs of a birth injury, you may have more or less time than you anticipate. Regardless of the circumstances, there are always time limitations for filing a birth injury claim. As time goes on, it can be more difficult to remember what happened, who was involved, and to gather all of the evidence necessary to construct the most compelling case.  Please contact us to speak with a knowledgeable lawyer who can provide accurate answers about the time frame for filing a claim in your specific birth injury case.

Get a Free Consultation with an Experienced NJ Birth Injury Attorney

If your child sustained a birth injury, our seasoned New Jersey birth injury lawyers have helped countless families like yours. We are committed to providing victims and their loved ones with the most aggressive and effective legal representation possible, while remaining attuned to the toll these tragedies can take on you and your family. For a free, no obligation consultation with our birth injury team, call (866)-708-8617 today.

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  • How do I know if my child has a pediatric malpractice case?

    If your child suffered an injury, complications, or a medical condition resulting from medical negligence, you may have grounds for a pediatric malpractice or birth injury lawsuit. Learn more.

  • How can I get help to pay for my child's medical bills?

    If a doctor, nurse, hospital, or other healthcare provider failed to provide adequate care for your child and they suffered harm, you can pursue compensation for medical expenses, pain and suffering, and more. Find out about damages.

  • How long do I have to file a pediatric malpractice claim?

    The statute of limitations to file a medical malpractice lawsuit varies from state to state. The time limits may begin when your child's condition is identified, not necessarily when it occurred. Contact us for information that applies to your child's specific case.

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