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Did Your Child Suffer a Birth Injury in New Jersey?
Take action now: call Eichen Crutchlow Zaslow, LLP today
Free Evaluation
Did Your Child Suffer a Birth Injury in New Jersey?
Take action now: call Eichen Crutchlow Zaslow, LLP today
Eichen Crutchlow Zaslow, LLP handles complex birth injury claims such as cerebral palsy arising from medical negligence and medical malpractice throughout New Jersey. Shareholders Barry Eichen, William Crutchlow and Daryl Zaslow are all Certified by the Supreme Court of New Jersey as Civil Trial Attorneys. The firm handles a wide array of maternal injury and birth injury claims, including:
- Cerebral palsy
- Brachial plexus injuries
- Erb’s palsy
- Fetal distress
- Shoulder dystocia
- Fatal injuries
- Hydrocephalus
- Hypoxia/oxygen deprivation
- Hyperbilirubinemia
- Preeclampsia
If you sustained a serious injury during labor or delivery, or your child has suffered a permanent or life-altering injury like cerebral palsy as a result of medical negligence, we want to help. Our New Jersey birth trauma lawyers have years of experience representing individuals and families in court.
What are the signs of cerebral palsy?
Unlike other birth injuries, cerebral palsy may take months or even years to fully present. Per the Centers for Disease Control & Prevention (CDC), the clearest signs of cerebral palsy (CP) involve the failure of your child to reach motor and movement milestones. The CDC defines the milestones this way:
In a Baby Younger Than Six Months of Age
- Head lags when you pick him up while he’s lying on his back
- Feels stiff
- Feels floppy
- When held cradled in your arms, Baby seems to overextend back and neck, constantly acting as if pushing away from you
- Legs get stiff and they cross or scissor when Baby is lifted
In a Baby Older Than Six Months of Age
- Doesn’t roll over in either direction
- Cannot bring hands together
- Difficulty bringing hands to mouth
- Reaches out with only one hand while keeping the other fisted
In a Baby Older Than 10 Months of Age
- Crawls in a lopsided manner, pushing off with one hand and leg while dragging the opposite hand and leg
- Scoots around on his buttocks or hops on knees, but does not crawl on all fours
Note: not all children with CP will be affected in the same way. Cerebral palsy can vary in severity, and some children may experience little to no signs at all.
What are the types of cerebral palsy?
Cerebral palsy is typically categorized in four ways:
- Spastic Cerebral Palsy: This type accounts for about 80 percent of all cerebral palsy cases, making it the most common type of cerebral palsy. It causes permanently contracted and stiff muscles. Motor function is reduced and patients experience difficulties moving from one position to another and holding and releasing objects.
- Dyskinetic Cerebral Palsy: This type affects movement of the arms, legs, feet, and hands. It affects motor skills and can present with “jerky” movements or slower, “writhing” movements. Approximately 10% of cerebral palsy cases are athetoid cerebral palsy, which causes hypotonia–low muscle tone, involuntary movement, impaired posture, slurred speech, and difficulty swallowing.
- Ataxic Cerebral Palsy: This type also accounts for about 10% of cerebral palsy cases. Those suffering from ataxic cerebral palsy may have trouble balancing and making coordinated muscle movements, tremors, and difficulty with depth perception.
- Mixed: This is a combination of any of the three main categorizes. Spastic-dyskinetic is the more common type, per the CDC.
What increases the risk of a birth injury?
There are certain risk factors that can increase the chance of a birth injury. They include:
- Cephalopelvic disproportion. If the pelvis is too narrow or abnormally shaped, or the baby’s head is too large to progress through the birth canal, doctors should plan on a C-section.
- Prolonged labor. This can cause physical trauma as well as increase the risk of oxygen deprivation (to the child), high blood pressure in the mother, or maternal hemorrhage.
- High birth weight. A baby over 8lbs, 13oz poses a risk to mother and child.
- Preterm/premature birth. “Preemies” may not have fully developed organs and may be physically underdeveloped, increasing the chance of trauma and injury during labor and delivery.
- Abnormal birthing positions. A baby positioned shoulder-first, facing up, down, face-first, or breech are at increased risk of shoulder dystocia and other physical trauma. It can also lead to a prolapsed umbilical cord, which can cause oxygen deprivation and contribute to birth injuries such as cerebral palsy.
- Dystocia. This occurs when the child’s shoulders are stuck behind the pelvic bone of the mother. Failing to address dystocia can lead to permanent nerve damage, as well as neurological, skeletal, and muscular injuries.
New Jersey medical professionals should know these risks, and take appropriate steps when it comes to addressing them in the birthing plan.
What acts of negligence lead to birth injuries like CP in New Jersey?
Birth injuries are a result of medical malpractice – acts of negligence by medical professionals that ultimately lead to injury and losses. Acts of malpractice can include:
- Failure to perform C-section
- Failing to address prolonged labor
- Failure to diagnose a genetic condition
- Failure to diagnose a birth defect
- Misdiagnosis of an ectopic pregnancy
- Failure to perform a prenatal screening
- Failure to recognize fetal macrosomia
- Failure to plan for cephalopelvic disproportion
- Failure to address breech births
- Failure to monitor
- Excessive use of forceps or vacuum extractors
- Performing under the influence of alcohol or drugs
- Failure to address uterine rupture
- Failure to address placental abruption
- Medication mistakes, including errors with Pitocin and other labor-inducing drugs
- Discharging a patient too soon
What are the lifelong complications of birth injuries like cerebral palsy?
Many birth injuries have permanent repercussions requiring a lifetime of care and support. Trauma to the brain is especially severe, because the damage can get worse over time as your child ages and the brain grows. Some of these complications can include:
- Developmental delays
- Cognitive delays
- Memory problems
- Mobility issues
- Lack of fine motor skills
- Lack of coordination
- Difficulty with speech
- Inability to speak
- Difficulty eating/swallowing
- Seizure disorders
- Vision problems
- Muscle weakness
- Muscle stiffness
- Muscle spasticity
- Sleep disorders
- Physical deformity
Many children with severe CP and other birth injuries will require around-the-clock care. Some many never speak, walk, or communicate with their loved ones in any way. Some birth injuries will lead to a lifetime of chronic pain or discomfort. Others may require the use of a wheelchair or adaptive devices, and suffer long-term respiratory, gastrointestinal, kidney, or liver problems.
Birth injuries that cause cognitive and developmental delays or mobility and motor skills issues can also affect your child’s successes in school. Children with conditions like CP are entitled to an Individualized Education Program (IEP) in public schools, but not all schools are created equal. To get the adequate care your child needs, he or she may need to be home-schooled or attend a private school which specializes in helping special needs children.
Who is liable for a birth injury in New Jersey?
Medical professionals and healthcare providers involved with prenatal, labor, delivery, and post-partum care are all responsible for the wellbeing of mother and child. If you or your child suffered an injury, or if your child was diagnosed with cerebral palsy as a result of medical negligence in New Jersey, the following people and entities may be liable:
- Doctors
- Specialists (OB/GYNs, surgeons, etc.)
- Nurses
- Anesthesiologists
- Midwives
- Doulas
- Hospitals
- Paramedics/EMTs
Eichen Crutchlow Zaslow has decades of experience representing clients in complex medical malpractice lawsuits against liable parties. If your child sustained a serious birth injury because of medical malpractice you could be entitled to compensation for your losses. If your child was injured or if your child died because of someone else’s negligence in New Jersey, we are your advocates.
Do you have a birth injury lawyer near me?
Eichen Crutchlow Zaslow, LLP is a full-service trial law firm offering personal attention and aggressive advocacy in all cases. Their lawyers have recovered over 750 million dollars in settlements and jury verdicts for the benefit of their clients over the last thirty years. If your child sustained a serious or life-threatening birth injury like cerebral palsy in New Jersey, please fill out the contact form above or call 732-777-0100 to schedule your free consultation.
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