Understanding Brain Injuries at Birth in New Jersey

Parents have the right to expect that doctors and other medical professionals will do everything in their power to ensure the safe delivery of their baby. This is not always the case, as birth injuries occur in up to seven out of every 1,000 births in the United States. Many of these injuries are brain injuries or neurological injuries that can result in long-term effects on a child’s life and the lives of their family members. If your child sustained a brain or neurological injury during childbirth, you have rights, and you can be compensated. 

Find out more about brain and neurological birth injuries and how you can file a birth injury lawsuit in New Jersey to get the justice you deserve.  

How Do Brain Injuries at Birth Happen? 

Brain and neurological injuries are defined as damage to a newborn’s skull, brain, or nerves that occur during childbirth. These injuries can be caused by a variety of factors, including: 

• Failure to perform a timely delivery: the failure to deliver a baby in an expedited manner via Cesarean Section or vaginal delivery when there is evidence of fetal distress may cause profound brain injuries. 
• Prolonged Labor: extended labor can increase the risk of brain injuries due to prolonged pressure on the baby’s head. 
• Use of Instruments: the use of forceps or vacuum extractors can sometimes cause trauma to a baby’s head. 
• Breech Birth: babies delivered in a breech position (feet or buttocks first) are at higher risk of brain and neurological injuries. 
• Fetal Macrosomia: larger-than-average babies can lead to difficult deliveries and an increased risk of head injuries. 
• Maternal Pelvic Issues: if the mother’s pelvis is shaped or sized in a specific way, it can lead to complications during childbirth. 

The Effects of Brain Injuries at Birth

Brain injuries that occur at birth can have a wide range of short and long-term effects, impacting the child’s health, development, and quality of life. These effects can often be lifelong, which is why being compensated for the injuries sustained is so important. Many of the effects of brain and neurological injuries are: 

• Bruising and swelling of the head 
• Skull fractures 
• Hypoxic Ischemic Encephalopathy (HIE) 
• Intracranial hemorrhages, which can lead to more severe complications 
• Cerebral palsy 
• Developmental delays (cognitive and physical) 
• Seizures disorders 
• Central nervous system issues 

Negligence is a Cause of Brain and neurological injuries at Birth

Medical negligence during childbirth significantly increases the risk of birth injuries, and in many cases, it can often be shown to be the root cause of the injury. Negligence, whether it’s by doctors, nurses, anesthesiologists, midwives, or any other medical professional, can take many forms: 

• Inadequate Monitoring: failure to monitor the baby’s progress, vitals, and signs of distress can lead to many types of injuries, including brain and neurological injuries. 
• Improper Use of Instruments: incorrect or excessive use of forceps or vacuum extractors can cause injury. This is why many medical professionals have discontinued the use of these types of birthing aids. 
• Delayed C-Section: there is a window to getting a c-section before vaginal birth becomes inevitable. Failure to perform a timely cesarean section when needed can result in prolonged labor and increased risk of injury. 
• Inadequate Prenatal Care: the cause of some birth injuries can occur before labor even begins. Not identifying these potential complications during pregnancy can lead to preventable injuries during childbirth. 

Proving Negligence in a Birth Injury Case

Proving negligence in a birth injury case is similar to the process of establishing fault in a medical malpractice case. You must prove that the parties being sued had established a duty of care with you, which demonstrates that the healthcare provider/s had a duty to provide a standard level of care to the mother and baby. You must then show that there was a breach of duty, which demonstrates that the providers failed to meet this standard of care through actions or omissions. Finally, it must be established that there was causation that proves the breach of duty directly caused the birth injury, and damages were sustained. 

The types of damages you can collect include:

• Medical expenses for medical treatment, surgeries, therapy, etc. 
• Pain and suffering 
• Lost wages 
• Future care costs for ongoing needs 
• Punitive damages (only if there was gross negligence or willful misconduct) 

Resources for Your Family  

Has your family been impacted by a birth injury? There are resources to help you navigate this challenging time. For help, look up these resources in your local area: 

• Early Intervention Programs: these programs offer therapy and support services for children with developmental delays and disabilities. 
• Support Groups: connecting with other families facing similar challenges can provide emotional support and practical advice. 
• Medical Specialists: pediatric neurologists, occupational therapists, and other specialists can provide targeted care for the child’s specific needs. 

Most importantly, seek legal assistance from a reputable birth injury law firm. At Eichen Crutchlow Zaslow, our experienced personal injury attorneys help families understand their rights and pursue compensation for their child’s injuries. Birth injuries are a serious concern that can have lasting impacts on a child’s health and development. If your child has suffered a birth injury due to medical negligence, consult with our knowledgeable team to explore your options and ensure your family’s rights are protected. Get in touch with us today for a free case evaluation.