Child Birth Injury in Trenton, NJ
Did you know that New Jersey law limits non-economic damages to $350,000 for medical malpractice?
Parents in Trenton may not see that amount as enough to care for their infant after a childbirth injury. Thankfully, this category of civil recourse applies to things like pain and suffering. You can still sue and receive a judgment for a lifetime of follow-up treatment.
Childbirth injury cases of any size deserve attention when a hospital does not meet its standard of care. If you believe you need legal help, this guide will help you find it.
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 Trenton, 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 Trenton 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.
We should also mention the possibility of catastrophic mistakes by paramedics that take a mother and infant to the hospital. For instance, failure to intubate properly resulted in the tragic death of a local woman. The Trentonian reports the subsequent lawsuit ended with a $6 million verdict.
Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Trenton. 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. Trenton 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 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 Trenton, 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.
Brachial Plexus Injury
The brachial plexus is a bundle of five nerves that go from the neck to the arms. They are also well-known for their likelihood of suffering damage during a prolonged vaginal birth.
In particular, it is not unusual for this to happen during a breech birth. When an infant arrives feet first in Trenton, they can become trapped against the pelvic bone.
There are several types of cerebral palsy, but they have the same root cause. Brain damage or abnormalities can make control over movement or posture difficult. Generally, parents in Trenton can expect a lifetime of challenges for their children.
Hospital organizations like RWJBarnabas Health list several specialists patients may need to see. If you cannot prove the hospital bears responsibility for the condition, you have to prepare to pay for:
- Orthopedic Specialists
- Physical Therapists
- Developmental Pediatrics
- Behavioral Pediatrics
What Are Some Other Possible Causes of Childbirth Injury in Trenton?
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?
New Jersey has seen an eye-opening increase in childbirth complications. In response, there is a stated goal of reducing the mortality rate by 50% within five years. Regardless of whether that happens, the reality in court is more important. The odds are good that you could find several jurists that relate to your tragic circumstances.
It is essential that any parent whose child has been diagnosed with a birth injury in Trenton, 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.
Work With an Experienced Local Child Birth Injury Lawyer in Trenton, New Jersey
If you suspect child birth injury medical malpractice in Trenton, 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!