Top Rated Birth Injury Lawyers in Upper Montclair, NJ

Birth injuries occur just before, during, or shortly after the delivery process and can have long-term or potentially fatal consequences. Common birth injuries include asphyxia (oxygen deprivation), brain damage due to skull fractures or hypoxia (lack of oxygen to the brain), umbilical cord injuries, spinal cord injuries, cerebral palsy, facial nerve injuries, Erb’s palsy/brachial plexus injuries, and broken or fractured bones. 

First, make sure your child is getting the medical attention they need. You have a right to ask for a second medical opinion or a different care provider. Keep a record of your medical visits and document information about the healthcare professionals you meet with. Gather your child’s medical records and any other information you think is relevant. As you’re doing this, consult with an attorney who specializes in birth injury law as soon as possible for legal advice and specialized guidance.  

Birth injuries may be due to improper delivery methods, improper handling of medical equipment, surgical errors, failure to diagnose the child’s medical conditions, failure to track vital signs during delivery, excessive use of force, or medication mistakes. However, keep in mind that not all birth injuries are necessarily caused by medical malpractice. An attorney can help you assess if malpractice was involved in your child’s birth injuries. 

The best course of action is to contact an attorney as soon as you suspect that your child suffered birth injuries. Delays could make you too late to pursue a claim under your state’s statute of limitations. Many attorneys provide free initial consultations, meaning there are no upfront costs to getting legal advice. 

You don’t need a diagnosis to speak with a birth injury attorney. If you think your child was injured during birth, it’s best to consult with an attorney as soon as you can, regardless of whether you have a diagnosis yet. An attorney will give their expert opinion as to whether you have a case and explain next steps. Note also that if the first attorney you try declines, that doesn’t necessarily mean you don’t have a case. You have the right to a second legal opinion.  

Statutes of limitations are laws that set timeframes and deadlines for filing a lawsuit. They are particularly complex in birth injury cases since minors are involved and injuries are often difficult to discover. For example, parents may not know anything is wrong until the child has developmental delays. Then they discover that there was a birth injury due to malpractice. If the child is a few years old, this can cut it close with the statute of limitations in some states. The best way to ensure you don’t miss legal deadlines is to consult an experienced birth injury attorney who understands your state’s rules and exceptions.