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NJ Childbirth Injury Attorney

Child BirthA childbirth injury typically refers to damage inflicted on a newborn baby’s tissues and organs, often as a direct result of trauma during the childbirth process. Some common examples of birth injuries include fractured bones, subconjunctival hemorrhage and forceps marks. Birth injuries can also include physical and mental trauma to the mother. Certain medical conditions, such as pre-mature birth, prolonged labor or cephalopelvic disproportion (a condition in which natural childbirth is deemed too dangerous due to the size and shape of the mother’s pelvis) may be the source of a childbirth injury. Mothers also suffer from vaginal tearing and bruising, which are normal injuries associated with the birthing process. However, some injuries are completely preventable with proper management by clinical staff.

There are many natural causes for birth injury and trauma during delivery, such as the baby’s size, difficulty of labor and the baby’s position inside the mother (breech birth). Although such conditions are not preventable, doctors must take extra precautions to ensure that the mother and baby are safe. Fortunately, advances in birthing technology have drastically reduced the rate of birthing injuries. However, childbirth injuries still occur due to careless actions or negligence on the part of medical professionals. This is a specialized type of personal injury known as “medical malpractice”.

Common Causes of ChildBirth Injuries

Most medical malpractice cases involving birth injuries are due to a physician’s failure to correctly identify or treat a serious condition. For instance, failure to respond to obvious signs such as irregular bleeding and abnormal heartbeat can cause severe injury or death to both the mother and child. Medication error in the administration of drugs such as Pitocin (synthetic hormone used to induce labor) is another common cause of birth injury. Bad judgment can also be to blame in cases where a doctor fails to order a caesarean section until it is too late, or uses forceps in an inappropriate manner during the delivery.

It is important to keep in mind that a difficult pregnancy may necessitate a physician to perform procedures that result in childbirth injuries. The category of medical malpractice only relates to injuries that would not have occurred had the clinician followed proper procedures. The resulting injuries can be very serious, causing life-long damage to the baby. Some of the most serious birth injuries to the baby include:


ChildBirth Injuries to the Mother

Due to the general difficulties associated with giving birth, some level of injury to the mother is unavoidable. Doctors must closely monitor the mother at all times and use good judgment in order to ensure that she suffers the least amount of trauma. Prolonged labor, especially with large babies or breech births may require invasive methods in the form of episiotomies or forceps. Proper post- delivery care is essential to the mother recovering from these injuries without future complications, such as infection and difficulties with bowel movements. Although serious childbirth injuries to a mother are rare, negligence and careless actions by medical staff can cause physical and emotional trauma. Some examples of medical malpractice that can cause serious childbirth injuries to the mother include:

Determining the source of a childbirth injury is a complex process, requiring thorough knowledge of medical and legal procedures. If you or your child have suffered a childbirth injury, it is imperative that you determine the true cause. Although many birth injuries appear to be have been caused by unforeseeable circumstances, further investigation may reveal that the injury was preventable were if not for a doctor’s actions or failure to act.

Contact a NJ ChildBirth Injury Attorney Today

If it is determined that medical malpractice resulted in your childbirth injury, you have the legal right to seek compensation from the responsible party. Come childbirth injuries require lifetime medical treatment and physical therapy. You may also be required to take a leave from your job due to your baby’s condition, resulting in lost wages. In addition, the trauma associated with a serious childbirth injury may require ongoing psychological therapy for both you and your child. Seeking immediate legal counsel by a NJ Childbirth Injury Attorney is crucial to recovering the maximum compensation you and your child deserve.

The experienced personal injury lawyers of Villani & DeLuca can evaluate the circumstances of your birth, and verify whether or not it was due to medical malpractice. Our NJ Childbirth Injury Attorneys will give you the effective representation you need in court and will not charge for our services unless you recover compensation.

Please call (732) 965-3801 to schedule a free initial consultation!