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Home / Blog / Three Important Questions to Ask about Your Birth Injury Case

Birth injuries are devastating and tragic, and it can crush parents when they discover that their child’s injury might have been prevented. If your newborn’s injuries were caused by medical negligence, our civil justice system provides a venue which allows those who have been injured because of someone else’s negligence to pursue compensation for their losses. These are three questions to review with a NJ birth injury lawyer.

1.    What caused my child’s birth injury?

Before you can know if you have a valid birth injury case, you must know the cause of your baby’s injury.

If there was a complication during childbirth, things took a turn and you later discover that your child has suffered a birth injury, you may not get the full story from your doctor or from the hospital. If your child suffered a brain injury because of oxygen deprivation, this might not just be an accident. It might have been prevented. If one of your child’s arms seems limp and lifeless, it could have occurred during his or her travel through the birth canal because their shoulder got stuck.

2.    Was it preventable medical negligence?

If the child was born with a birth defect, and the injury occurred prior to birth, this does not preclude medical negligence. If the mother was prescribed a medication while she was pregnant that caused harm to the developing fetus, or if a test was done incorrectly and you were told your child was fine, but in reality he had a severe birth defect, you may be able to file a claim. Discovering if it was medical negligence that caused your child’s injury is the work of a New Jersey birth injury lawyer. You lawyer will investigate the case, review the medical records and speak to the other medical professionals who were in the delivery room to get a clear picture of what happened and determine if negligence was the culprit.

3.    Do I have grounds for a birth injury lawsuit?

If your birth injury lawyer and the medical subject matter experts who are investigating your case have found the evidence they need to prove that your child’s injury was caused by medical negligence, then he or she can bring a lawsuit to pursue compensation for your losses.

If you prevail in your legal claim, you may be able to recover the following types of damages depending on the facts of your case:

  • Medical expenses, which includes the cost of future medical care
  • Pain and suffering
  • Emotional distress
  • Lost income for the parents and future lost income for the child
  • Other losses

Your New Jersey birth injury lawyer understands that you might be reticent to sue your doctor. But pursuing compensation for your losses is the only way you will be able to pay the mounting medical expenses that may be ongoing. If one of the parents must leave work to care for the child, the family suffers the loss of that income. It can be helpful to remember that it is the doctor’s insurance company that will be paying the verdict, not the doctor directly.

The silver lining to these types of tragic cases is that you will not have to pay a birth injury lawyer at the outset of the case. Because our New Jersey birth injury lawyers take cases on contingency, you will not pay attorney fees until they have recovered compensation. They also offer free consultations, which makes is easy to decide which lawyer you want to work with.

If your child has suffered a birth injury, you are welcome to contact the team at Eichen Crutchlow Zaslow, LLP today at 732-384-1331, or complete the contact form  to schedule a consultation at our offices in Edison, Toms River, or Red Bank. Our firm represents clients throughout New Jersey.


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