New Jersey Birth Brain Injury Attorney

Birth injuries include a wide range of physical injuries that occur during childbirth that can impair the functions or structure of an infant’s body. According to one study in PubMed, “Head injuries are the most common type of birth injuries. Among them, most of the injuries [are] limited to the scalp. And the prognosis is good enough to be unnoticed in some cases. Intracranial injuries caused by excessive forces during delivery are rare.” Any damage to an infant’s head can result in traumatic brain injuries.

These injuries can occur during labor, delivery, or shortly after delivery. A birth brain injury can lead to major physical, psychological, and developmental challenges. It is important that the parents of children impacted by birth brain injuries understand that they do have rights. They can seek some measure of accountability through a civil claim. The New Jersey birth brain injury attorneys at Gersowitz Libo & Korek, P.C. can help you. Our legal team is dedicated to getting children impacted by birth injuries the medical and financial support that they need to live productive and full lives. We can investigate the unique facts of your case and let you know if you have a claim that can be pursued. You can reach out to our office anytime at (800) 529-9997.

What is a Birth Brain Injury?

A birth brain injury occurs when there is damage to a baby’s brain during the birthing process. This is often the result of a lack of oxygen going to the infant’s brain. Injury severity can range from very mild to life-threatening. What follows are some of the most common birth brain injuries that infants can develop.

• Cerebral Palsy: This covers a group of various disorders that can affect an infant’s movement and muscle tone due to brain damage during or after childbirth. Cerebral palsy can be caused by several different factors, including traumatic deliveries, infections, and oxygen deprivation.
• Hypoxic-Ischemic Encephalopathy: These injuries are caused by oxygen deprivation and limited blood flow to an infant’s brain during the delivery process. It is common for these injuries to result in developmental delays as well as other forms of cognitive impairment.
• Periventricular Leukomalacia: This type of injury is common among premature infants and may be linked to cerebral palsy or other motor difficulties. Factors that contribute to this injury include a lack of oxygen or blood flow to a child’s brain.
• Intraventricular Hemorrhage: These injuries are the result of bleeding in a child’s brain and tend to be more common with premature infants. An intraventricular hemorrhage can range from mild to severe.

Birth brain injuries can affect every part of a child’s life. Cerebral palsy can lead to major challenges to a child’s movement and muscle coordination. It is also common for children affected by birth brain injuries to have developmental delays and intellectual disabilities. Physical conditions related to a birth brain injury may include hearing and vision impairment. Some children have even suffered from speech and communication difficulties.

Common Causes of Birth Brain Injuries

According to the American Academy of Pediatrics, birth brain injuries may be the result of medical negligence during labor or delivery. This may include improper training of hospital staff or poor communication between physicians and delivery nurses. There are several types of errors in particular that account for a disproportionate amount of birth brain injuries.

• Delayed C-Sections: A delayed C-section can cause brain cells to die due to a lack of oxygen. Depending on the length of time that oxygen is being deprived to a child’s brain, they may develop cerebral palsy or other conditions.
• Misuse of Forceps or Vacuum Extractors: An infant’s head is extremely delicate by its very nature. Any type of excessive force with forceps or vacuum extractors can cause irreparable damage to a child’s skull and subsequently harm their brain.
• Failure to Monitor: It is critical that physicians and nurses properly monitor the vital signs of both the mother and the infant during childbirth. Monitoring allows physicians and nurses to catch major problems before they can progress and cause significant damage. There are numerous vital signs that need to be monitored, including oxygen saturation, uterine contraction, fetal heart rate, and amniotic fluid levels.
• Infections: Untreated infections are another major cause of injuries during childbirth. Physicians and nurses must practice strict hand hygiene and wear personal protective equipment in order to avoid accidentally infecting mothers during the delivery process.

Given the traumatic injuries associated with birth brain injuries, hospitals should be doing everything in their power to prevent them from happening. Doctors and nurses should have a checklist for all of the important procedures that need to be accomplished during childbirth. The vast majority of birth injuries that take place are preventable.

Signs That Your Child May Have Suffered a Birth Brain Injury

Not all birth brain injuries are properly diagnosed when they occur. It is important for parents to be proactive if they suspect that something is off with their child. Parents should always err on the side of caution and contact an experienced physician with questions about their child’s development. Here are just some of the signs that a child may have suffered a birth brain injury.

• Short-Term Symptoms: Children may display abnormal movements and have weak muscle tone. It is also common for them to lack certain reflexes.
• Long-Term Effects: Children may have cognitive impairments, developmental delays, and physical disabilities. This may include a wide variety of different conditions, including epilepsy, ADHD, autism-like symptoms, and communication difficulties.

Symptoms can manifest in a variety of different ways over time. For example, children affected by birth brain injuries may have a very difficult time at school. In most moderate and severe cases, they will need a specialized education away from peers of their own age group. Physical impairments may cause them to have a difficult time walking or performing other basic functions.

Legal Rights for Parents When Children Suffer Birth Brain Injuries

When an infant suffers a birth brain injury during delivery or labor, their parents are able to recover damages through a medical malpractice claim. Medical malpractice occurs when a baby is injured or killed by a doctor or hospital’s deviation from the applicable standard of care. A doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances. Affected families are able to receive numerous forms of compensation.

• Medical Bills: Compensation is available for all of the medical bills associated with an injury. This can help cover surgeries, medications, hospital stays, rehabilitation, and ongoing care.
• Therapy: Children with birth brain injuries will often need various types of therapies for physical conditions. Many children will also need speech therapy.
• Educational Costs: It is common for children with moderate to severe birth brain injuries to require specialized education and private schooling specifically for children with disabilities.
• Specialized Care: A child with physical and developmental disabilities will typically need specialized care. Assisted living facilities and other long-term care needs can be covered by civil claims.
• Pain and Suffering: Compensation can be sought for the physical and emotional distress that a birth injury causes to a child.
• Loss of Enjoyment: Birth brain injuries can dramatically impact a child’s ability to live a normal life. Hospitals can be held accountable for all of the ways that a birth injury impaired a child from being able to enjoy life.

New Jersey birth injury attorneys play an important role in helping families after an injury. They take into account all of the different ways that a birth brain injury has impacted your child. Among other things, they will use experts in the fields of medicine and economics to help demonstrate what would be a fair claim value. After a fair case value has been established, attorneys will begin the process of negotiating with insurance providers to achieve a settlement.

How a New Jersey Birth Brain Injury Lawyer Can Help With Your Case

Learning that your child has suffered a birth brain injury can be a traumatic experience for most parents. The birth of a child is normally a very happy time. But a birth brain injury can leave parents filled with anxiety about their child’s future. There are several ways that an attorney can help if your child sustained any injury during the birthing process.

• Investigations: Birth brain injury attorneys can consult with medical experts in order to determine if medical malpractice actually occurred. They can also gather all of the evidence that will be necessary to show that physicians, nurses, or hospital staff acted improperly and caused the injury.
• Expert Testimony: Any type of medical malpractice claim requires the extensive use of medical experts. Attorneys can hire these experts in order to demonstrate that negligence occurred.
• Lawsuits: Attorneys can pursue claims for compensation on your behalf. If necessary, they can also file a lawsuit against all of the potentially liable parties that contributed to your child’s birth brain injury.

If you suspect that your child has been impacted by a birth brain injury, it is important to act quickly. This is crucial both for the overall health of your child and your legal rights. Doctors are able to perform physical and cognitive tests to see if a birth injury has occurred. Some of the damage caused by a birth brain injury can be mitigated through prompt medical care. Failing to act after an injury has taken place may also prevent you from pursuing a claim down the road if the statute of limitations has expired.

Why Choose Our Law Firm?

When your child’s future is at stake following a birth injury, it is important to work with a firm that has experience handling personal injury and medical malpractice cases. The New Jersey birth brain injury attorneys at Gersowitz Libo & Korek, P.C. have decades of experience helping victims of medical malpractice. In fact, we have recovered over $1 billion for our deserving clients across New York and New Jersey.

We achieved a $2.5 million settlement for the family of a woman who died due to a hypoxic injury during childbirth. Our law firm takes a personalized approach to each case. We work to understand how a birth brain injury has impacted your family specifically. There is no birth brain injury case too large or too difficult for us to handle. Our legal team is complimented greatly by medical experts who are intimately familiar with all manner of birth injuries.

Getting Legal Help for a Birth Brain Injury

Raising a child with a birth brain injury can be extremely difficult even in the best of circumstances. It can be overwhelming when families don’t have access to the financial and medical support that their child needs in order to properly develop. This is why it is so crucial that parents of impacted children seek legal support as early as possible. A New Jersey birth brain injury lawyer can play a critical role in helping your child get the medical and financial support that they need.

Has your child suffered a birth brain injury? You may be entitled to compensation through a civil claim. Our team of highly experienced New Jersey birth injury attorneys is here to help you in any way that we can. We are committed to giving voice to victims of medical malpractice and holding hospitals accountable for their misconduct. Whether you just have legal questions or need a free, independent investigation into any particular incident, we are here to serve your needs. You can reach out to our office anytime at (800) 529-9997.