Birth Injury Claims Attorneys

Serving New Jersey and the Philadelphia metropolitan area

The joy of having a child can quickly be tainted with tragedy when preventable birth injury or birth trauma occurs. A child can die from a birth injury, or become permanently disabled and require life-long care. The physical, emotional, and financial hardships endured by the parents, siblings, grandparents, and other loved ones of a child injured at birth can be overwhelming and devastating.

Obstetrical care providers have a responsibility to anticipate potential problems that are reasonably foreseeable under the circumstances, and where indicated, to intervene during labor and delivery in a timely manner so as to prevent harm.

Negligence, which is the failure to act in accordance with the standard of care, is at the heart of preventable birth injury. Common causes of birth injury and birth trauma include:

• Miscalculation of the size of the fetus
• Pre- or post-mature delivery due to improper dating
• Infections and medical problems in the mother
• Infections and medical problems in the fetus
• Rh incompatibility
• Administration of improper medications during pregnancy and/or delivery
• Failure to monitor fetus and respond to fetal distress
• Abnormal presentation, including shoulder dystocia
• Failure to perform a timely c-section
• Improper use of delivery instruments
• Failure to give oxygen to newborns when needed

Types of Birth Injury
Injuries to a baby during labor and delivery can involve the brain or other parts of the body. The consequences range from mild to severe and may be temporary or permanent. Some birth injuries may even result in death. Common preventable birth injuries include:

• Brain injury (including Cerebral Palsy)
• Brachial plexus injuries (including Erb's Palsy)
• Untreated jaundice
• Seizures
• Spasticity
• Paralysis
• Meconium aspiration
• Excessive bleeding
• Infections
• Bleeding beneath the scalp
• Bleeding inside the skull
• Bruising from forceps
• Skull fractures
• Clavicle fractures
• Cranial nerve trauma
• Spinal cord damage
• Facial paralysis
• Skin irritation
• Soft tissue injuries
• Stillbirth

Click here for Frequently Asked Questions about Birth Injury.

How We Can Help
If you suspect that your child may have suffered a birth injury or birth trauma, get medical attention for your child right away. Proper and timely treatment will maximize the chances that your child will survive with as little damage as possible under the circumstances. Unfortunately, many children will nevertheless require a lifetime of expensive medical care. Many will need to be followed by several different types of pediatric specialists and participate in ongoing physical and occupational therapy. In some cases, care at home is beyond the best capabilities of caring parents and placement in a specialized institution becomes the only viable option.

It is in your child's interest to be in a position to benefit from the very best and most advanced treatment available. There may be a significant difference in the treatment and services that private medical insurance or such programs as Medicaid will cover, and the most desirable state of the art treatment. If your child has suffered a preventable birth injury, getting the compensation that you deserve may be the only way to provide the care and services needed to maximize your child's recovery and potential.

Collectively, New Jersey medical malpractice lawyers Michael L. Weiss, Esq. and Robert E. Paarz, Esq. have presented over 65 birth injury cases to juries, and have helped many families obtain the financial assistance needed to lessen or eliminate the financial burden caused by these injuries. They are committed to using their knowledge and experience to help the victims of preventable birth injuries obtain fair compensation. If you believe your child may have experienced such an injury, please contact Weiss & Paarz, P.C., today.