What to expect with a birth injury medical malpractice lawsuit
No New Jersey parent wants to learn that their baby has suffered a birth injury. Unfortunately, these situations are common and happen after a mistake during labor or childbirth. If you file a medical malpractice lawsuit, you’ll want to know what to expect.
Common birth injuries
Birth injuries can occur when the mother has a difficult delivery and the baby has trouble traveling through the birth canal. Often, when the infant is deprived of oxygen or when they have physical injuries due to the use of assistive devices like forceps, it’s a situation of medical negligence.
Certain injuries are common during birth such as brachial plexus injuries, cerebral palsy, Erb’s palsy, shoulder dystocia and hypoxia. Other injuries such as cephalohematoma are not serious and can resolve on their own over a period of weeks to months.
Sadly, some birth injuries are permanent and severe. For example, a child can suffer from a lifetime of disability with cerebral palsy. Oxygen deprivation from the umbilical cord being wrapped around the baby’s neck could also result in serious brain damage, which requires a lifetime of care.
Filing your lawsuit
When you realize that your child has a birth injury, you have to file your medical malpractice lawsuit in the court where the medical mistake or negligence occurred. You must file within the applicable statute of limitations or your case will not be heard.
If a lawsuit is successful, damages recovered often include medical expenses, medical equipment, physical therapy and other costs associated with the child’s health care and treatment.