Birth Injuries, Birth Trauma, Medical Malpractice Negligence – Your Rights

In this article, we will discuss some of the issues involved in birth trauma cases.  Birth trauma claims arise during child delivery.

Although injuries may occur during an uncomplicated birth, certain factors increase the likelihood of birth trauma.  Such complications include but are not limited to high-risk conditions such as a contracted pelvis, excessive size fetus, unfavorable fetal presentations, and fetal distress.

Also, a failure to recognize high risk conditions that threaten a fetus prior to birth such as a diabetic mother, premature rupture of the membranes, growth retardation of the fetus, and preeclampsia greatly increases the risk of an injured infant at birth.

• A large percentage of deaths and serious injuries to infants that are injured at birth is due to trauma to the brain during the delivery process.
• In addition, hypoxia (insufficient oxygen to the fetus) is responsible for approximately one quarter of all birth injuries.
• Another injury that sometimes occurs is injury to the brachial plexus, which is the network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand.  This can occur if undue pressure is applied to the head or shoulders while attempting to deliver a baby in the breach position.

Medical malpractice (also referred to a medical negligence) is a deviation from the generally accepted standard of care.

• New Jersey law recognizes that medicine is not an exact science and that a doctor is not infallible and sometimes medical treatment does not succeed.
• A doctor is not responsible for honest mistakes of judgment and evidence of a mere mistake or error is insufficient to find a doctor is responsible and guilty of medical negligence.
• Medical negligence does exist however if a doctor causes injury to an infant because the doctor did not follow the generally accepted standard of care and it results in damage.

If you feel that your infant was injured due to medical negligence and that your health care professional did not properly deal with the above complications or other complications, we welcome your inquiry.

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Our firm has handled birth trauma injury cases due to medical negligence for many years and we have the knowledge and experience to bring these cases to a successful conclusion.
Please see the two cases discussed in the portion of this website marked “Cases”
If you have any questions with regard to such injuries, please call or text us at (973) 204-6573 for a consultation without cost or obligation.