Child Birth Injury in Jersey City, NJ

Are you concerned you may have waited too long to file a childbirth injury lawsuit in Jersey City?

New Jersey law does not offer a lengthy window of time. In general, parents must start litigation within two years of the malpractice.

This fact presents a tricky legal problem. Some complications do not present themselves until after the courts will accept a civil complaint. Consequently, you will want to consider these details carefully and act fast if they resonate with your situation.

What Causes a Childbirth Injury?

Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Jersey City, NJ.

During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the Jersey City medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.

To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones are not reached.

There are also documented cases of payouts for injuries after diagnosing fetal distress. One such incident where resuscitation was necessary led to a $2.75 million settlement in New Jersey.

Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Jersey City. One of the following examples may apply to your circumstances.

  • Improper Vacuum Usage

Sometimes a mother has difficulties delivering a baby through the birth canal. Jersey City medical professionals may intervene and use a vacuum to assist. This machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.

  • Improper Use of Forceps

There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb.

In this case, attending medical professionals may use forceps to help move a baby through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.

The medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.

  • Hypoxia

Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.

This condition often occurs due to a damaged or infected placenta. Thankfully, most Jersey City, New Jersey medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.

However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.

  • Cesarean Section Delay

An emergency C-section may be necessary due to the infant’s fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.

In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.

In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.

  • Subdural Hemorrhage

Infants born in a Jersey City hospital may be asymptomatic for a subdural hemorrhage. This fact makes an MRI or CT scan essential to obstetrics care. Otherwise, doctors and parents may not know this common condition has affected a child.

Studies suggest that around 37% of newborns experience this type of brain bleed. This pressure inside a baby’s fragile skull can cause significant symptoms like a slow heart rate or apnea. It can cause brain damage, induce a coma, or result in mortality. Furthermore, the improper use of tools or excessive force during delivery can cause a subdural hemorrhage.

  • Phrenic Nerve Damage

Phrenic nerve damage during childbirth can create some frightening scenarios. The primary reason for concern is its effect on the diaphragm. A partial injury can cause some shortness of breath or issues breathing.

However, a complete injury to the phrenic nerve creates the need for ventilator dependency. The dyspnea, or trouble breathing, can present quickly and indicate phrenic nerve damage after delivery. If your child suffered this injury in a Jersey City hospital, negligence might be the cause.

What Are Some Other Possible Causes of Childbirth Injury in Jersey City?

Other types of medical neglect that could result in injuries to the child or the birth mother include:

  • Failing to perform sufficient prenatal testing
  • Not using labor-inducing drugs timely
  • Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
  • Not addressing changes in the baby’s condition

Why Should You Take Action for Your Child Birth Injury?

It is essential that any parent whose child has been diagnosed with a birth injury in Jersey City, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.

New Jersey State Health Assessment Data states the infant mortality rate differs significantly across demographics. Massive disparities exist while comparing the numbers for white residents and minorities. If you believe prejudice played a role in childbirth injuries in Jersey City, you should consider meeting with an attorney.

Work With an Experienced Local Child Birth Injury Lawyer in Jersey City, New Jersey 

If you suspect child birth injury medical malpractice in Jersey City, you should take action. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across New Jersey state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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