As the day of your child’s birth approaches, you’re filled with expectation, hope, and joy. This can all shatter, however, if the medical professionals who are supposed to keep your child safe during the delivery do anything that causes harm. Birth injuries can be devastating, potentially leaving your newborn with lasting medical issues that could impact their entire life. If that’s what you’re going through, you want to hire Trenton birth injury lawyers to represent you.
With a lawyer by your side, you have a chance to get compensation for the medical expenses your family has sustained because of the birth injuries. You could also be compensated for the emotional trauma you and your child have experienced. At Wapner Newman, we have years of experience helping people struggling with losses because of medical malpractice.
Call Wapner Newman at (215) 569-0900 to speak with a New Jersey birth injury lawyer about filing a claim.
Why Choose Us?
How Our Experienced Team of Trenton Birth Injury Attorneys Can Help
At Wapner Newman, our team of lawyers understands just how much stress and emotional strain you’re under if your baby suffered a birth injury. We have decades of experience helping clients who have suffered losses because of someone else’s negligent or wrongful conduct. With compassionate and tenacious representation, we can gather the evidence necessary to prove you deserve compensation and negotiate with insurance companies on your behalf.
With our team helping you, you can focus on caring for your baby without stressing about the legalities of filing a personal injury claim. Because we treat each client like a member of our family, you will have the support you need to get through this difficult time.
Understanding Your Rights After a Trenton Birth Injury
Not all birth injuries are the result of negligence, but if your baby suffered because of negligent care, you have a right to file a claim. To do so, you have to demonstrate that the defendant is liable.
You must show that the medical professional owed your baby a duty of care and that they breached it. Usually, that means demonstrating that the mother and baby entered into the defendant’s care and that the medical professional behaved in a way that another reasonable doctor wouldn’t have.
Then, you must show that the negligent conduct led to your baby’s injuries and that these injuries can be compensated. If you’re able to meet all of these requirements, you can file a claim to hold medical professionals, clinics, and even hospitals liable.
Keep in mind that you don’t have an unlimited amount of time in which to file this claim. New Jersey gives you two years from the moment the injury occurred or from when you discovered the injury. This is an important distinction, because some injuries don’t become apparent immediately after they occur. Sometimes it can take years for you to spot that there’s a problem. From the moment you do, you have two years to file your claim.
We’ve helped clients recover millions of dollars for birth injury claims involving brain injuries, asphyxia, and spinal cord injuries.
Common Causes of Birth Injuries
Birth injuries can be the result of a variety of issues, including the baby’s shape and size and maternal medical conditions. Often, however, the injuries could have been prevented if a medical professional had acted responsibly.
Failure to Spot Fetal Distress
During labor, doctors have to monitor both the mother and the baby for signs of distress. If a baby displays signs of distress, it can mean they’re not receiving enough oxygen — this requires prompt action. If the doctor fails to notice the signs of distress, the consequences can be catastrophic.
Improper Use of Assistive Tools
Sometimes, doctors rely on tools like vacuum extractors and forceps to help during the delivery. They have to be experienced and well-trained in the use of these tools, however, to avoid hurting the mother or child. Putting too much pressure on the baby’s skull can lead to brain damage, and using too much force with an extractor can lead to broken clavicles, dislocated limbs, and nerve damage issues like Erb’s palsy.
Delayed Delivery
Prolonged labor puts the mother and baby at risk. If a doctor allows the process to go on for too long, especially when it’s non-productive labor, they are acting negligently. They have to take steps to speed up the process, either by opting for medication-induced labor or ordering a C-section.
Failure to Diagnose Medical Conditions
During pregnancy and after birth, doctors have to monitor the mother and baby for medical conditions. If a woman has symptoms of gestational diabetes, for example, healthcare providers have to diagnose the condition early in the pregnancy and take steps to address the problem. Not doing so in a timely manner can lead the baby to suffer injuries during the birth and could even put the mother’s life at risk.
Medication Errors
Doctors have to be aware of the potential complications medications can cause in a pregnant woman. Giving the mother the wrong medications or wrong dosages could lead to fetal development issues, including birth defects.
Using Too Much Force During Delivery
Even if the doctor doesn’t use forceps or vacuum extractors, they can still hurt the baby by applying too much force. If they pull on the baby’s head, it can lead to damage to the brachial plexus nerves.
Damages You Can Claim After a Birth Injury
By hiring New Jersey birth injury attorneys, you have a chance to successfully file and win economic and non-economic damages. Economic damages compensate you for financial losses. Most of this will be made up by medical expenses to treat the injuries your baby suffered. If they need ongoing care or if you need to make changes to your home or vehicle to accommodate a disability, economic damages will cover these expenses.
Economic damages also cover the costs of special education if your child has cognitive disabilities as a result of the injury. If you or the other parent needs to stay home to care for a child because of the injuries they sustained, you can also ask for compensation for lost wages.
Non-economic damages compensate you for losses that aren’t financial in nature. Pain and suffering fits in this category, as does loss of enjoyment of life. When you hire a Trenton birth injury attorney, you can get a clear idea of what you’re able to recover.
Trenton Birth Injury FAQ
Seeing your child dealing with injuries as a result of a medical professional’s negligent or wrongful conduct can leave you unsure of what your next steps should be. At Wapner Newman, our birth injury lawyers offer answers to common questions.
Do I need to hire a birth injury attorney to file a claim?
You don’t have to hire one — but it’s never a good idea to go through the claims process on your own. The other party will have representation helping them and they will do everything possible to avoid being blamed for the injuries. That could end up with you and your family not receiving fair compensation or any compensation at all.
If you have a lawyer helping you, you have someone negotiating on your behalf to ensure you get the settlement or jury award you deserve. If negotiations fail, a lawyer can advocate for you in court.
How long do I have to file a claim after a birth injury?
You have two years from the moment the injury occurs or from when you discover the injury. As soon as you realize your child was injured, it’s essential to contact a lawyer to begin the claims process.
How do I prove that the healthcare provider is liable?
To show that the provider is liable, you have to prove they acted in a negligent manner. That means demonstrating that they have a duty of care toward your child, they breached that duty, and the breach led to injuries that can be compensated. Proving all of this can require gathering a significant amount of evidence, including medical records, as well as relying on expert testimony from other medical professionals that can show the defendant acted in a negligent manner.
How much is my claim worth?
Your birth injury claim is unique, which means it’s difficult to put a number on it without a full evaluation. Some of the factors that can influence settlements or awards include the severity of the injuries, how long the recovery process will take, and how much of an impact the injury will have on your child’s life.
If you have questions about the process of filing a claim, we can provide answers during a free consultation.
Put Your Trust in Experienced Trenton Birth Injury Lawyers
Schedule a Free Consultation With Us at Wapner Newman
If what should have been one of the happiest days of your life became a nightmare because of medical malpractice, you have a right to file for compensation. At Wapner Newman, our team of experienced birth injury lawyers in Trenton will guide you through this difficult time.
Call (215) 569-0900 to speak with an experienced birth injury attorney at Wapner Newman.