Frequently Asked Questions about Birth Injury Claims

Serving New Jersey and the Philadelphia metropolitan area

1. How do birth injuries happen?



Common causes of birth injuries include:

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



Common preventable birth injuries, caused by medical negligence include:

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



A birth injury is harm that is caused during pregnancy or childbirth. Birth defects can be caused by medical negligence during a pregnancy or they can be caused by other things such as genetics or environmental factors. With proper testing, birth defects can usually be detected early in a pregnancy.

4. Who is responsible for birth injuries?

Birth injury cases are very complicated and there can be many responsible parties including:

• Doctors
• Nurses
• Anesthesiologists
• Emergency room staff
• Other hospital staff
• Pharmaceutical companies
5. I suspect that my child has suffered a birth injury. What should I do?



Seek immediate medical attention for your child. This may stop the damage from progressing or even reverse the damage, and it will get your child started on the road to recovery. Talk to a dedicated medical malpractice attorney who has experience specifically with birth injuries. Birth injury cases are complicated and require special medical knowledge.

6. My child was the victim of a birth injury and did not survive. Do I still have a case?

Yes. If you have lost a child to medical malpractice you may still be entitled to compensation under wrongful death.

New Jersey medical malpractice lawyer Michael L. Weiss, Esq. has tried several birth injury lawsuits to a jury and has successfully recovered millions of dollars on behalf of medical malpractice victims and their families. If your child has suffered a birth injury or birth trauma in New Jersey, please contact our New Jersey malpractice lawyers today.