Best Birth Injury Lawyers in New Jersey

About Birth Injury Law in New Jersey, United States

Birth injuries are physical or emotional injuries sustained by a newborn or mother during labor and delivery. In New Jersey, birth injury law falls under the broader category of medical malpractice. These cases arise when a doctor, hospital, or other healthcare provider’s negligence results in harm to the child or mother during the birth process. Common examples include cerebral palsy, brachial plexus injuries, fractures, nerve damage, and brain injuries caused by oxygen deprivation. Pursuing a birth injury claim can help families recover compensation to cover lifelong medical care, therapy, and other damages resulting from these injuries.

Why You May Need a Lawyer

Birth injury cases are often complex and require a thorough understanding of both medicine and law. You may need a lawyer if:

• Your child or the mother suffers unexpected complications or injuries during birth.
• You suspect medical staff made critical mistakes before, during, or after delivery.
• The healthcare provider failed to monitor, diagnose, or respond to distress signals effectively.
• You have difficulty accessing or understanding your medical records.
• The hospital or doctor denies any wrongdoing despite your concerns.
• Insurance companies offer settlements that seem inadequate for your child’s needs.

An experienced attorney can help gather evidence, consult with medical experts, and represent your interests in settlement negotiations or in court.

Local Laws Overview

In New Jersey, birth injury claims are governed by several important legal rules. Parents must prove that a healthcare provider’s deviation from accepted medical standards caused the injury. New Jersey follows the doctrine of “modified comparative negligence,” which means compensation can be reduced if parents contributed to the harm.

There are strict deadlines to file a lawsuit, known as statutes of limitations. Generally, a birth injury claim must be filed within two years of discovering the injury. For minors, New Jersey law allows claims to be filed up until the child’s thirteenth birthday. Expert testimony is typically required to establish the standard of care and how it was breached.

New Jersey also has limits on the types of damages you can claim, such as economic damages (medical costs, therapy, and care) and, in certain circumstances, non-economic damages (pain and suffering). However, there are no caps on damages for medical malpractice cases in New Jersey.

Frequently Asked Questions

What is considered a birth injury in New Jersey?

A birth injury is harm to a baby or mother that occurs during pregnancy, labor, or delivery due to possible negligence or malpractice by healthcare professionals. Examples include brain damage, Erb’s palsy, or broken bones.

How do I know if my child’s injury was caused by medical negligence?

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in similar circumstances. An attorney can review your case and consult medical experts to determine if negligence occurred.

Is there a time limit for filing a birth injury lawsuit in New Jersey?

Yes, there is generally a two year statute of limitations from the date you discovered the injury. For children, you can file until their thirteenth birthday.

What compensation can I receive from a birth injury claim?

You may be entitled to compensation for past and future medical expenses, therapy costs, special education, pain and suffering, and loss of quality of life.

Do I need a lawyer to pursue a birth injury claim?

While not legally required, a lawyer with experience in birth injury claims can significantly improve your chances of a fair settlement or court award by navigating complex legal and medical issues.

Will my case go to court?

Many birth injury claims are settled out of court, but some proceed to trial if an agreement cannot be reached with the insurance company or hospital.

How do I prove a birth injury was due to negligence?

You need to demonstrate that the healthcare provider’s actions or omissions were a departure from accepted medical standards and directly caused the injury. Expert medical testimony is typically required.

What if the hospital says the injury was unavoidable?

Contact a qualified attorney. They can independently review the circumstances, consult experts, and help determine if avoidable negligence contributed to the injury.

How much does it cost to hire a birth injury lawyer in New Jersey?

Most birth injury attorneys work on a contingency fee basis, which means you pay no attorney fees unless they recover compensation for you. Fees are usually a percentage of the recovery.

Can I file a claim if the injury was discovered months or years after birth?

Yes. New Jersey’s statute of limitations allows claims to be filed within two years of discovering the injury or up until the child’s thirteenth birthday, whichever occurs first.

Additional Resources

Navigating a birth injury claim can be overwhelming. The following resources and organizations can offer guidance:

• New Jersey State Bar Association - Provides legal information and attorney directories.
• New Jersey Board of Medical Examiners - Handles professional discipline and physician licensing.
• New Jersey Department of Health - Oversees hospital and birth records.
• Birth Injury Support Groups - Offer emotional support, resources, and information for families affected by birth injury.
• The New Jersey Law Library - Public legal research resources.

Next Steps

If you believe your child or family member suffered a birth injury due to medical negligence, start by gathering all relevant medical records and documenting your concerns in detail. Contact a knowledgeable New Jersey birth injury attorney for a free consultation. The attorney can review your situation, explain your legal options, and guide you through the claims process. Do not delay because waiting too long may impact your eligibility to recover compensation. An experienced lawyer can help protect your rights and advocate for your family’s future.