Medical Negligence Birth Injuries

New Jersey Birth Injuries Attorneys

Trusted Authorities on Medical Negligence that Leads to Birth Injuries

The birth of a child should be a joyous occasion – but when medical negligence occurs, you and your child may end up living a more difficult, complicated life. Every year, hundreds of children are born with birth injuries as a result of medical malpractice. Garces, Grabler & LeBrocq is here to ensure that those children have the best possible futures they can.

Since 1991, the personal injury and medical malpractice attorneys of GGL have protected the rights of mothers and their children who have been victimized by medical negligence. We treat our clients with respect and compassion, offering comprehensive guidance through the legal system. We are tenacious in our drive to obtain the compensation you and your child deserve after the preventable error of a health care provider has led to a birth injury.

Common Birth-Related Medical Malpractice Cases

GGL handles a wide array of medical malpractice cases throughout New Jersey, but we are especially adept at those involving birth injuries.

Some of the more common cases that occur include:

  • Shoulder dystocia. Shoulder dystocia occurs most often when a baby’s shoulder is displaced during the birthing process. It can be fatal, as it places undue distress on the mother and the child and can cause the umbilical cord to become compressed.
  • Cerebral palsy. CP affects the motor centers of a baby’s brain and can develop while the fetus is in utero or during the birthing process. An undiagnosed infection in the mother can also lead to cerebral palsy.
  • Erb’s palsy. Often the result of shoulder dystocia, Erb’s palsy is a form of paralysis affecting the upper arm of a child. Children born with Erb’s palsy may need surgery or rehabilitation to regain movement in their arms.
  • Oxygen deprivation. The compression of the umbilical cord, an undiagnosed illness, or a doctor’s failure to monitor a pregnancy carefully can all lead to oxygen deprivation. A lack of oxygen – even for a very short amount of time – can have permanent effects on your child’s development, physically, mentally, and emotionally.

Every child deserves a chance at the best possible life. Gross medical negligence could lead to a lifetime of therapy, additional surgeries, or untold expenses for adequate care. In the most tragic medical malpractice cases, negligence can lead to wrongful death. Our skilled injury lawyers understand the difficulties you face, and we will advocate tirelessly on behalf of you and your child. Garces, Grabler & LeBrocq has eight offices throughout New Jersey for your convenience.

Experienced New Jersey Birth Injury Law Firm

If you or your child has suffered a serious birth injury, you may be wondering what your legal options are. At Garces, Grabler & LeBrocq, our experienced New Jersey birth injury attorneys can help.

We understand the physical, emotional, and financial toll that a birth injury can take on a family. That’s why we fight tirelessly to get our clients the compensation they need to cover medical expenses, lost wages, and other damages. If you believe your child’s injuries were caused by medical negligence, we can help. To schedule a free consultation with one of our New Jersey birth injury lawyers, contact us online.

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What Is a Birth Injury?

A birth injury is any type of physical or mental injury that occurs during pregnancy, labor, or delivery. Birth injuries can range from mild to severe and can be temporary or permanent.

Some common types of birth injuries include

A brain injury can involve trauma to the soft tissues, nerves, bones, bleeding or swelling, or brain damage caused by a lack of oxygen. A hemorrhage is a type of bleeding that can occur inside the skull, inside the brain, or in the brain’s ventricular system. Cephalohematoma is another type of bleeding that occurs under one of the cranial bones.

Brain injuries can also be caused by a rupture of one of the blood vessels. These types of brain injuries can be serious and often require medical attention. If you or someone you know has suffered a brain injury, it is important to seek medical help right away.

Brain injuries can have a wide range of symptoms, depending on the severity of the injury. Mild brain injuries may only result in a temporary loss of consciousness, while more severe injuries can cause long-term impairments or even death.

Some common symptoms of brain injury include headache, dizziness, nausea, vomiting, confusion, memory loss, and sleep problems. If you or someone you know has any of these symptoms after suffering a head injury, it is important to seek medical attention right away. Brain injuries can be very serious and should not be ignored.

If you or someone you know has suffered a brain injury, there are many resources available to help. The Brain Injury Association of America (BIAA) is a great place to start. The BIAA provides support and information for those affected by brain injuries, as well as their families and caregivers. They also offer a wide range of resources on topics such as treatment, rehabilitation, and long-term care.

Babies can experience nerve damage anywhere in their bodies during the birthing process.

However, some nerve injuries occur more frequently than others:

  • Brachial plexus injury: this type of injury involves damage to the brachial plexus, which is the network of nerves that controls movement in the shoulder, arm, wrist, hand, and fingers. The brachial plexus nerve bundle is often injured when shoulder dystocia is also present. Shoulder dystocia makes it difficult to deliver a baby’s shoulder through the birth canal. When a doctor uses excessive force, bends, stretches, or places too much pressure on the brachial plexus nerves, this may result in problems with the movement of the arm or hand. One type of brachial plexus injury is Erb’s Palsy.
  • Spinal cord injury: if the nerves of the spinal cord experience trauma through pulling, over-stretching, or compression. The results of a spinal cord injury are often catastrophic, including paralysis.
  • Facial nerve injury: when the baby experiences excessive pressure on the nerves of their face, some of the facial nerves can be damaged. This may lead to paralysis on one side of the face. Facial drooping may also indicate a condition known as Horner’s Syndrome.
  • Bone Injuries: When an infant experiences a broken bone or fracture during delivery, it is most often due to a broken clavicle or collarbone. This can occur when the shoulder dystocia or other abnormal birth presentation such as breech position puts extra pressure on the bone. If you think your child has suffered a bone injury during delivery, it is important to seek medical attention immediately. Bone injuries can be extremely painful and may require surgery or other treatment to heal properly. If you have any concerns about your child’s bone health, please don’t hesitate to speak with your pediatrician.

What Causes Birth Injuries?

Birth injuries can be caused by a variety of factors, including:

  • Medical negligence – When medical professionals fail to properly monitor pregnancy or delivery and fail to react promptly to fetal distress, serious birth injuries can occur.
  • Poorly performed deliveries – Forceps and vacuum-assisted deliveries can cause serious birth injuries if they are not performed properly.
  • Maternal health conditions – Conditions like diabetes and hypertension can increase the risk of birth injuries.
  • Premature births – Babies who are born prematurely are at a higher risk of suffering from birth injuries.

What Are the Signs of a Birth Injury?

The signs and symptoms of a birth injury will vary depending on the type and severity of the injury.

Some common signs and symptoms of birth injuries include:

  • Difficulty feeding
  • Excessive crying
  • Lack of muscle control
  • Seizures
  • Slow development
  • Weakness or paralysis in one or more limbs

If you notice any of these signs or symptoms in your child, it’s important to seek medical attention right away. Birth injuries can cause serious long-term health problems, so early diagnosis and treatment are essential.

How Can a New Jersey Birth Injury Attorney Help?

If you believe your child’s injuries were caused by medical negligence, you may be entitled to compensation. At Garces, Grabler & LeBrocq, our experienced New Jersey birth injury attorneys can help.

We will thoroughly investigate your case and collect evidence to support your claim. We will also negotiate with the insurance companies on your behalf and fight for the compensation you deserve. To schedule, a free consultation with one of our New Jersey birth injury lawyers call Garces, Grabler & LeBrocq today.

Why File a Birth Injury Lawsuit?

There are many reasons why you may want to consider filing a birth injury lawsuit.

Some of the most common reasons include:

  • To recover medical expenses: Families who have a child with a birth injury often face significant medical costs. A birth injury lawsuit can help recover these costs, as well as future costs that may be incurred.
  • To cover therapy and counseling bills: A birth injury can take a toll on the entire family, not just the child. Therapy and counseling may be necessary for everyone to cope with the situation. A birth injury lawsuit can help cover these costs.
  • To pay for disability accommodations: Children with birth injuries often require special accommodations in their homes and vehicles. These accommodations can be expensive, but they are essential for the child’s quality of life. A birth injury lawsuit can help cover these costs.
  • To fund special education needs: Children with birth injuries often have special educational needs. These needs can be costly, but they are important for the child’s future. A birth injury lawsuit can help cover these costs.

First and foremost, while financial compensation cannot undo what has happened, it can allow you to achieve a sense of justice in knowing that the responsible parties have been made accountable. A successful birth injury case can also provide you with the compensation you need to provide a full and meaningful life for your child, as well as ensure that similar mistakes do not occur to other innocent children in the future.

If you have suffered a birth injury, you may be feeling a range of emotions, including anger, sadness, and betrayal. You may also be wondering how you will ever be able to afford the expensive medical care and treatment that your child will need. Filing a birth injury lawsuit can help you get the answers and justice that you deserve, as well as the financial compensation you need to provide for your child.

If you are considering filing a birth injury lawsuit, it is important to understand that these cases can be complex and challenging. You will need to gather evidence and build a strong legal case to prove that the responsible parties were negligent in their care. However, with the help of an experienced birth injury lawyer, you can maximize your chances of success and get the compensation you and your family deserve.

What puts a baby at risk for a birth injury?

Certain conditions can increase the risk of a baby sustaining a birth injury. These include prematurity, fetal macrosomia, and cephalopelvic disproportion. Premature babies are those born before 37 weeks gestation. They are more fragile and vulnerable to injuries than full-term babies.

Fetal macrosomia is a condition where the baby is larger than average for the gestational age. This can put a strain on the mother’s pelvis and make delivery more difficult. Cephalopelvic disproportion occurs when the baby’s head is too large to fit through the mother’s pelvis. This can cause the baby to become stuck during delivery and sustain an injury.

How Much is My Birth Injury Case Worth?

A birth injury can have a profound and lasting impact on the victim and their family. The costs of medical care lost wages, and other damages can be significant. If you or a loved one has been injured during childbirth, you may be wondering how much your case is worth.

There is no easy answer to this question as each case is unique and will be evaluated on its own merits. However, some general factors will be considered when determining the value of a birth injury case.

Some of the most important factors that will be considered include:

  • The severity of the injuries suffered by the victim
  • The expected cost of medical care and treatment for the victim’s injuries
  • The expected loss of earnings and earning capacity because of the victim’s injuries
  • The physical, emotional, and mental anguish suffered by the victim and their family because of the injuries
  • Whether the defendant’s actions were negligent or intentional

The value of a birth injury case will also depend on the state in which the case is filed. Some states have laws that place a cap on the number of damages that can be awarded in a birth injury case. However, New Jersey does not have any such caps in place.

If you or a loved one has been injured during childbirth, you should speak with an experienced birth injury lawyer to learn more about your legal rights and options. An experienced lawyer will be able to review your case and help you determine the best course of action.

How Much Will My New Jersey Birth Injury Case Cost?

The cost of a New Jersey birth injury case will vary depending on the severity of the injuries, the length of the recovery process, and other factors. However, you can expect to incur some significant expenses, including medical bills, lost wages, and other damages.

Fortunately, you don’t have to bear the financial burden of a birth injury alone. At Garces, Grabler & LeBrocq, we work on a contingency basis, which means we don’t get paid unless and until you receive a financial recovery. So, you can rest assured that we will fight tirelessly to get you the compensation you deserve, without any upfront costs or out-of-pocket expenses.

To learn more about how we can help you with your New Jersey birth injury case, contact us today for a free consultation.

What is The Statute of Limitations on a New Jersey Birth Injury Case?

The statute of limitations on a New Jersey birth injury case depends on the type of case being filed. For example, if the case is for medical malpractice, the statute of limitations is two years from the date of the alleged act of malpractice. If the case is for wrongful death, the statute of limitations is two years from the date of death. There are different statutes of limitations for different types of cases, so it is important to consult with an experienced attorney to determine the applicable statute of limitations in your case.

If you or a loved one has been injured due to medical negligence, it is important to act quickly to protect your rights. The sooner you contact an experienced attorney, the better your chances of recovering the compensation you deserve. Call us today to schedule a free consultation. We will review your case and help you understand your legal options. Don’t wait – call us today.

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Recent GGL Wins

Medical Malpractice

A 30-year-old pregnant woman went into labor. The doctor failed to take proper steps in the baby’s delivery, making the mother wait in the hallway for ten hours while the baby’s heart rate began to drop. The baby was delivered via C-Section; he was blue from lack of oxygen resulting in Cerebral Palsy.

$14 Million


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A 25-year-old woman was hospitalized and needed intubation. A doctor did not properly perform the procedure, depriving her of oxygen and leaving her in a coma with irreversible brain damage. She died several months later.

$2 Million


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A 41-year-old man went to the hospital several times complaining of stomach pains. Each time, he was told that he had Gastritis. Several months later, with worsening pain, he went back and was diagnosed with Stage Four Stomach Cancer. He died six months later.

$1.2 Million