Birth injuries are physical injuries that a newborn may suffer during the labor and delivery process. These injuries can result from various factors, including medical negligence, improper use of delivery instruments, or complications during childbirth. Common causes of birth injuries include prolonged labor, oxygen deprivation, and excessive force during delivery. Such injuries can have significant and lasting effects on a child’s health and development, necessitating medical attention and sometimes long-term care.

Types of Birth Injuries

Birth injuries can vary widely in severity and type, often depending on the circumstances of labor and delivery. Below are some of the most common types of birth injuries.

Cerebral Palsy

  • A group of disorders affecting movement, muscle tone, and posture, caused by damage to the developing brain before, during, or shortly after birth.
  • Symptoms: Muscle stiffness, poor coordination, tremors, and difficulties with balance and movement.

Brachial Plexus Injuries

  • Damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand.
  • Types include Erb’s Palsy (affecting upper arm and shoulder) and Klumpke’s Palsy (affecting the lower arm and hand).
  • Symptoms: Weakness or paralysis of the arm, loss of sensation, and impaired motor function.

Hypoxic-Ischemic Encephalopathy (HIE)

  • A type of brain damage that occurs when an infant’s brain doesn’t receive enough oxygen and blood.
  • Symptoms: Seizures, difficulty feeding, weak cry, and developmental delays.

Fractures

  • Broken bones, often the clavicle, due to difficult deliveries or improper use of forceps or vacuum extractors.
  • Symptoms: Limited movement, pain, swelling, and difficulty moving the affected limb.

Cephalohematoma

  • A collection of blood between a newborn’s scalp and the skull, typically resulting from the use of forceps or vacuum extractors during delivery.
  • Symptoms: A soft, bulging area on the head, which may take weeks to heal.

Perinatal Asphyxia

  • A condition caused by insufficient oxygen supply before, during, or immediately after birth.
  • Symptoms: Low heart rate, poor muscle tone, weak reflexes, and difficulty breathing.

Intracranial Hemorrhage

  • Bleeding inside the skull, which can occur due to trauma during delivery.
  • Symptoms: Seizures, lethargy, poor feeding, and abnormal breathing patterns.

Facial Nerve Injuries

  • Damage to the facial nerve, often caused by pressure on the baby’s face during birth.
  • Symptoms: Loss of facial movement on one side, drooping of the mouth, and difficulty closing the eye.

Caput Succedaneum

  • Swelling of the scalp in a newborn caused by pressure during delivery.
  • Symptoms: Soft, puffy swelling on the scalp that usually disappears within a few days without treatment.

Subconjunctival Hemorrhage

  • Bleeding in the whites of the baby’s eyes due to pressure changes during birth.
  • Symptoms: Bright red band in the white of the eye, which typically resolves without intervention.

These injuries can lead to long-term consequences, including physical disabilities, cognitive impairments, and the need for ongoing medical care and therapy. Early diagnosis and intervention are crucial for managing these conditions and improving outcomes for affected children.

Legal Rights and Compensation

When a child suffers a birth injury, parents have legal rights to seek justice and compensation. Understanding these rights and the types of compensation available is crucial.

Medical Expenses

  • Covers the cost of immediate medical care, surgeries, and long-term treatment plans required due to the birth injury.
  • Includes rehabilitation therapies, medications, and assistive devices.

Pain and Suffering

  • Compensation for the emotional and physical distress experienced by both the child and the parents.
  • Factors include the severity of the injury and the impact on the child’s quality of life.

Loss of Future Earnings

  • If the birth injury results in permanent disability, compensation may cover the loss of the child’s potential future income.
  • Calculations are based on life expectancy and projected career earnings.

Special Education and Care Costs

  • Covers the expenses for special education, tutoring, and specialized care needed due to the injury.
  • Includes home modifications and special transportation needs.

Punitive Damages

  • In cases of gross negligence or intentional misconduct by healthcare providers, punitive damages may be awarded to punish the responsible parties and deter future misconduct.

Parents have the right to file a lawsuit against the responsible parties, including doctors, nurses, and hospitals, for medical negligence or malpractice. The Epstein Law Firm offers expert legal representation to ensure that families receive the full compensation they deserve, guiding them through the complex legal process and advocating on their behalf.

How The Epstein Law Firm Can Help

The Epstein Law Firm, based in Rochelle Park, NJ, has extensive experience and expertise in handling birth injury cases. Our dedicated team understands the emotional and financial burden these injuries can place on families and strives to provide compassionate and effective legal representation.

Expert Legal Guidance

Our firm offers comprehensive legal advice tailored to each case, helping families understand their rights and the legal process. We handle all aspects of the case, from gathering evidence to negotiating with insurance companies and representing clients in court.

Proven Track Record

The Epstein Law Firm has a strong history of successfully securing significant settlements and verdicts for our clients. We use our expertise to ensure families receive the compensation needed for medical care, therapy, and other related expenses.

Personalized Attention

Each case is given personalized attention, with a dedicated attorney assigned to work closely with the family. Our firm prioritizes open communication, keeping clients informed and involved throughout the legal process.

Resources and Support

The Epstein Law Firm has access to a network of medical experts, investigators, and other professionals to build a strong case. We provide support beyond legal representation, helping families navigate the challenges that arise from birth injuries.

Free Consultation

Our firm offers a free initial consultation to discuss the case, evaluate its merits, and outline potential legal strategies. This consultation allows families to understand their options without any financial obligation.

With our deep commitment to justice and client welfare, The Epstein Law Firm is dedicated to helping families achieve the best possible outcomes for their birth injury cases.

Contact The Epstein Law Firm Today

If you suspect that your child has suffered a birth injury, it’s crucial to act promptly. The Epstein Law Firm offers a free consultation to discuss your case and evaluate your legal options. Here are the steps to take:

  1. Reach Out for a Consultation
    • Call us or visit our website to schedule a free, no-obligation consultation.
    • During the consultation, the attorneys will listen to your concerns, review medical records, and provide preliminary legal advice.
  2. Initial Case Evaluation
    • We will assess the merits of your case, determining if there is evidence of medical negligence or malpractice.
    • We will outline potential legal strategies and discuss the types of compensation you may be entitled to.
  3. Building Your Case
    • If you decide to proceed, The Epstein Law Firm will gather necessary evidence, including medical records, expert testimonies, and witness statements.
    • We will handle all legal filings, negotiations with insurance companies, and represent you in court if necessary.
  4. Support Throughout the Process
    • We provide ongoing support, answering any questions and keeping you informed of developments in your case.
    • We strive to alleviate the stress and burden on your family, allowing you to focus on your child’s well-being.

Acting quickly can make a significant difference in your ability to secure the compensation and justice your family deserves.

Birth injuries can have profound and lasting effects on families. At The Epstein Law Firm, we are dedicated to helping families navigate the complex legal landscape to secure the justice and compensation they deserve. Our experienced team provides compassionate support, expert legal advice, and robust representation to ensure the best possible outcomes. If you suspect a birth injury, contact us for a free consultation to explore your legal options and begin the journey towards justice and recovery for your child.

Our New Jersey Birth Injury Lawyers AnswerFrequently Asked Questions About Birth Injuries

What do you have to prove so that I can get compensation for my child’s birth injury?

Our lawyers must establish that the actions (or omissions) that caused the birth injury amounted to medical malpractice.  This includes establishing:

– The medical standard of care (what a reasonable medical professional would have done to prevent the birth injury)
– Breach of that standard based on what your doctor did or did not do
– Causation, meaning that the birth injury would not have happened if not for the doctor’s breach of the medical standard
– Damages, in the form of increased medical needs, long-term care, pain and suffering and more

Who can actually be held responsible for a birth injury? 

We often refer to the actions of a “doctor”, but in reality, any medical professional can be held liable for medical malpractice.  This includes:

– Nurses
– Medical specialists, such as obstetricians and gynecologists
– Radiologists
– Pharmacists
– The hospital or facility where you received care

Ultimately, an insurance company will bear the financial burden.  Doctors and hospitals carry malpractice insurance that almost always is actually responsible for paying your settlement award.

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Due to the complexity of our case, most attorneys were not interested. Not only did Michael Epstein take our case, but he was able to manage the situation towards a multi-million dollar settlement that was well in excess of our expectations. They are practical, business-minded attorneys who demonstrated their expertise with every interaction. Michael & his team worked tirelessly & aggressively on our behalf and brought our case to a successful outcome.

Andrew W.

Michael Epstein and The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.

Brian G.

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