Hackensack Birth Injury Lawyers
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Skilled Medical Malpractice Lawyers Dedicated to Holding Negligent Doctors Accountable for Birth Injuries in Bergen County
As parents, you do everything you can to ensure the safety of your children. You also have the right to expect that your trusted medical professionals will do everything possible to protect your child when entering the world. Sometimes, unfortunately, medical professionals fail in that duty and cause birth injuries to the mother or baby.
Dealing With A Birth Injury And Have Questions? We Can Help, Tell Us What Happened.
If you or your child were harmed during the birth process and suspect negligence was to blame, speak with our trusted birth injury lawyers at The Epstein Law Firm, P.A. to learn more about your legal rights. With over 120 years’ experience, we understand the types of birth injuries commonly caused by medical negligence.
Birth injuries can sometimes be resolved early in your child’s life. In other cases, the damage may be permanent. Regardless of the overall severity of the birth injury, your family should not have to suffer the financial consequences of medical negligence. Our lawyers will work to hold a negligent obstetrician, gynecologist, nurse or even the medical facility itself accountable for the harm you have suffered.
With a medical malpractice lawsuit, you only have one chance to secure the full compensation you need. Our lawyers offer both compassion and expert legal advocacy. To schedule your free case review, contact our office anytime.
When is a Birth Injury Caused by Malpractice?
Birth injuries are those that occur during the labor and delivery process. Not every case involving complications during labor and delivery gives you the right to pursue compensation for malpractice, however. Analyzing and evaluating the actions taken by the doctors and nurses on your team is the key to determine whether a birth injury was caused by medical negligence.
Examples of birth injuries often caused by negligence include:
- Erb’s palsy
- Cerebral palsy
- Facial paralysis
- Injuries caused by failure to perform a C-section
- Shoulder dystocia
- Brachial plexus injuries
In many cases, these types of injuries are caused by oxygen deprivation or the use of excessive force during labor and delivery. Failure to properly monitor the mother and fetus during the labor and delivery process can also amount to medical negligence.
The Epstein Law Firm, P.A. our experienced malpractice lawyers understand that you may not know what, precisely, caused your child’s injury. We are here to put our expertise to work for you to discover what happened and identify all potential options for protecting your rights.
Getting Full Compensation in a Birth Injury Claim
Birth injury cases are often unique because a fair compensation award must account for the impact of the injury over your child’s entire life. If the injury is expected to be permanent, this means even your child’s anticipated loss of future earning potential must be considered.
Depending upon the circumstances, a fair settlement award might include compensation for:
- All medical expenses related to the birth injury
- Long-term care
- Rehab and physical therapy
- Anticipated lost earning potential
- Pain and suffering
- Emotional distress
- And more
Protecting your right to fair compensation in a birth injury case involves analyzing complex evidence and records to determine how the birth injury happened. Lack of communication between medical professionals, failure to monitor the delivery and even failure to recognize risk factors during the pregnancy can all point to medical malpractice.
Understanding the Process for Recovering Fair Compensation in a Birth Injury Case
Most clients suffering the effects of a birth injury have questions when they speak with us for the first time. Common questions include:
- How long will this take?
- What will happen?
- Will I have to go to court?
The lawyer at the Epstein Law Firm, P.A. know the stress you are likely under and are committed to giving you and your case the personal attention you need. While that commitment means different things at different times, it always means that you can count on your lawyer to return your calls and keep you informed about what is happening in your case.
As a general matter, after our lawyers investigate and consult with experts, there are a number of procedural steps that may take place depending upon the circumstances of your case. We will make sure you understand how your specific case is likely to proceed, but the following general steps can provide an overview:
- We file a notice of claim if needed and then file a complaint with the court
- After being served, the doctor or medical facility files their answer to the complaint
- We file an affidavit of merit that provides certain necessary information in support of your right to bring the medical malpractice lawsuit in the first place
- A conference will likely take place where we discuss the affidavit of merit
- We enter into a discovery phase, where depositions (interviews) and interrogatories (answers to written questions) are completed by both sides
- Medical experts also provide their opinions, reports and testimony via depositions
- If necessary, we litigate your case through trial
Throughout every phase of the overall process, our lawyers will negotiate with the doctor or hospital’s insurance company to attempt to reach a full and fair settlement agreement. Because of this, many cases do not proceed through every phase.
Contact Our Experienced Birth Injury Lawyers Today
A birth injury can dramatically alter your plans for your family’s future. The Epstein Law Firm, P.A. our medical malpractice lawyers will fight by your side every step of the way to get the fair compensation you need to move forward. For a free case review, contact our office today.
Frequently Asked Questions About Birth Injuries
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
We often refer to the actions of a “doctor”, but in reality, any medical professional can be held liable for medical malpractice. This includes:
– Medical specialists, such as obstetricians and gynecologists
– 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.