The birth of a child should be one of life’s most joyful moments. When that moment is overshadowed by a preventable injury—when medical negligence causes lasting harm to your baby or the mother—the pain is profound and the consequences can last a lifetime.
Birth injuries caused by medical malpractice are devastating for New Jersey families. Parents who expected to bring home a healthy baby instead face diagnoses like cerebral palsy, brain damage, or permanent physical disabilities. The emotional toll is overwhelming, and the financial burden of caring for a child with special needs can be staggering.
If your child suffered a birth injury due to medical negligence in New Jersey, understanding your legal rights is essential. This guide explains how birth injuries occur, what constitutes malpractice, and how New Jersey law can help your family seek justice and the resources your child needs.
Understanding Birth Injuries
Birth injuries are physical injuries suffered by a baby during pregnancy, labor, or delivery. While some birth injuries are unavoidable—the result of difficult deliveries or conditions that couldn’t have been prevented—many are caused by medical negligence that could and should have been avoided.
The distinction matters enormously. When a birth injury results from malpractice, families may be entitled to compensation that can help provide their child with the care, therapy, and support they will need for a lifetime.
Birth Injury vs. Birth Defect
It’s important to distinguish birth injuries from birth defects:
- Birth defects typically develop during pregnancy due to genetic factors, environmental exposures, or unknown causes. They are generally not caused by medical negligence during delivery.
- Birth injuries occur during the labor and delivery process or result from failures in prenatal care. They are often preventable with proper medical attention.
Some conditions that appear to be birth defects may actually have been caused by medical negligence during prenatal care or delivery—for example, brain damage from oxygen deprivation that wasn’t caused by a genetic condition.
Common Types of Birth Injuries
Medical negligence during pregnancy, labor, and delivery can cause a range of injuries with varying severity and long-term consequences.
Cerebral Palsy
Cerebral palsy is one of the most serious birth injuries, caused by damage to the developing brain. While some cases result from genetic factors or infections during pregnancy, many cases of cerebral palsy are caused by:
- Oxygen deprivation (hypoxia or anoxia) during labor and delivery
- Failure to respond to signs of fetal distress
- Delayed emergency cesarean section when needed
- Improper use of delivery instruments
- Failure to treat infections during pregnancy
Cerebral palsy affects muscle control, movement, posture, and coordination. Children with cerebral palsy may face:
- Difficulty walking or inability to walk
- Speech and communication challenges
- Intellectual disabilities
- Seizures
- Need for lifelong assistance with daily activities
Brain Damage and Hypoxic-Ischemic Encephalopathy (HIE)
When a baby’s brain is deprived of oxygen during delivery, the result can be permanent brain damage. Hypoxic-ischemic encephalopathy (HIE) is a specific type of brain injury caused by oxygen deprivation that can lead to:
- Cognitive impairments
- Developmental delays
- Motor function disabilities
- Seizure disorders
- In severe cases, death
Medical teams must constantly monitor the baby’s condition during labor and respond immediately to signs of distress. Failure to recognize fetal distress or act quickly can cause irreversible brain damage within minutes.
Brachial Plexus Injuries (Erb’s Palsy)
The brachial plexus is a network of nerves that controls movement and sensation in the arm. During difficult deliveries—particularly when a baby’s shoulder becomes stuck behind the mother’s pelvic bone (shoulder dystocia)—excessive pulling or twisting can damage these nerves.
Brachial plexus injuries range from mild (temporary weakness or numbness) to severe (permanent paralysis of the arm). Erb’s palsy specifically affects the upper arm, while Klumpke’s palsy affects the lower arm and hand.
Bone Fractures
Fractures of the collarbone (clavicle) or other bones can occur during difficult deliveries, particularly when excessive force is used or delivery instruments are improperly applied. While many fractures heal without long-term effects, improper treatment or severe fractures can cause lasting problems.
Facial Nerve Injuries
Pressure on the baby’s face during delivery—from the birth canal, forceps, or vacuum extractors—can damage facial nerves. This may cause temporary or permanent weakness or paralysis on one side of the face.
Spinal Cord Injuries
Though rare, spinal cord injuries during birth can occur from excessive twisting or pulling during delivery. These injuries can cause paralysis and other permanent disabilities.
How Medical Negligence Causes Birth Injuries
Birth injuries resulting from malpractice typically fall into three categories: failures during prenatal care, failures during labor and delivery, and failures immediately after birth.
Prenatal Care Failures
The foundation for a safe delivery is laid during pregnancy. Negligent prenatal care can include:
- Failing to diagnose gestational diabetes that affects fetal development
- Not identifying conditions like preeclampsia that require special management
- Missing signs of placenta previa or other dangerous conditions
- Failing to identify fetal abnormalities that affect delivery planning
- Not recognizing or treating infections that can harm the baby
- Failing to monitor high-risk pregnancies appropriately
Labor and Delivery Failures
The labor and delivery process requires constant vigilance. Common failures include:
Failure to Monitor: Continuous fetal heart rate monitoring should detect signs of distress—such as abnormal heart rate patterns—that indicate the baby needs immediate intervention.
Delayed C-Section: When vaginal delivery becomes dangerous for the mother or baby, a timely cesarean section can prevent injury. Delays in ordering or performing emergency C-sections are a leading cause of birth injuries.
Improper Use of Delivery Instruments: Forceps and vacuum extractors can help with difficult deliveries, but improper use can cause skull fractures, brain bleeding, nerve damage, and other injuries.
Excessive Force: Pulling too hard on the baby’s head, neck, or shoulders during delivery can cause brachial plexus injuries, spinal cord damage, and other harm.
Failure to Manage Shoulder Dystocia: When a baby’s shoulder becomes stuck, specific maneuvers can help safely complete delivery. Untrained or panicked responses can cause serious nerve injuries.
Medication Errors: Administering improper doses of Pitocin (used to induce or strengthen contractions) can cause contractions so strong they deprive the baby of oxygen.
Post-Birth Failures
Even after delivery, negligence can cause or worsen injuries:
- Failure to resuscitate a baby who isn’t breathing properly
- Delayed treatment of jaundice, which can cause brain damage if severe
- Failure to recognize and treat infections
- Improper handling that causes physical injury
Who Can Be Held Liable?
Birth injury malpractice cases may involve multiple defendants, depending on who was responsible for the negligent care.
Obstetricians
The delivering physician is responsible for managing labor and delivery, making critical decisions about interventions, and responding to emergencies. An obstetrician may be liable for:
- Failing to order a timely C-section
- Improper use of forceps or vacuum
- Failing to respond to signs of fetal distress
- Using excessive force during delivery
Nurses and Midwives
Labor and delivery nurses and midwives play crucial roles in monitoring the mother and baby and communicating concerns to physicians. They may be liable for:
- Failing to recognize and report signs of distress
- Medication errors
- Improper monitoring
- Failure to call for physician assistance when needed
Anesthesiologists
Epidurals and other anesthesia carry risks, and errors in administration or monitoring can harm both mother and baby.
Hospitals
Hospitals may be directly liable for:
- Inadequate staffing in the labor and delivery unit
- Failure to maintain equipment
- Inadequate policies and training
- Negligent credentialing of physicians
Under the doctrine of respondeat superior, hospitals may also be liable for the negligence of their employees, including nurses and staff.
Proving Birth Injury Malpractice in New Jersey
Birth injury cases require proving the same elements as other medical malpractice claims.
Standard of Care
Medical experts must establish what competent obstetricians, nurses, and other providers should have done under the circumstances.
Breach
You must show that the providers deviated from the standard of care—that they failed to act as reasonably competent professionals would have acted.
Causation
This is often the most contested element. You must prove that the breach of care caused or substantially contributed to your child’s injury. Defense attorneys frequently argue that the injury was caused by factors unrelated to the provider’s conduct.
Damages
You must document the harm your child has suffered and the losses your family has incurred.
New Jersey’s Affidavit of Merit
New Jersey requires an Affidavit of Merit from a qualified medical expert within 60 days of the defendant’s answer, confirming that malpractice likely occurred. Given the specialized nature of birth injury cases, this expert should have specific expertise in obstetrics, maternal-fetal medicine, or related specialties.
Compensation in Birth Injury Cases
Because birth injuries often require lifelong care, damages in these cases can be substantial:
Medical Expenses: Past and future costs of surgeries, hospitalizations, medications, medical equipment, and ongoing care.
Therapy and Rehabilitation: Physical therapy, occupational therapy, speech therapy, and other interventions that help children reach their potential.
Special Education: Costs of educational services, tutoring, and accommodations.
Home Modifications: Wheelchair ramps, accessible bathrooms, and other modifications to make your home safe and functional.
Long-Term Care: Nursing care, personal care assistants, and residential facilities if needed.
Pain and Suffering: Compensation for your child’s physical pain and diminished quality of life.
Lost Earning Capacity: If your child’s injuries will prevent them from working as an adult.
New Jersey does not cap damages in medical malpractice cases, meaning compensation can reflect the true lifetime cost of caring for a child with serious disabilities.
Statute of Limitations for Birth Injuries
New Jersey’s two-year statute of limitations has important exceptions for minors. In birth injury cases, the statute generally does not begin to run until the child turns 18, giving them until age 20 to file suit. However, parents’ claims for their own damages (like emotional distress and out-of-pocket expenses) may be subject to shorter deadlines.
Despite this extended timeline, investigating and pursuing these claims should begin as soon as possible while evidence is fresh and witnesses are available.
Seeking Justice for Your Child
No amount of money can undo the harm caused by birth injury malpractice, but compensation can provide the resources your child needs to live the best life possible. Specialized therapies, adaptive equipment, quality medical care, and educational support can all make a tremendous difference.
Pursuing a birth injury claim also holds negligent providers accountable and can drive improvements in care that protect future families.
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Contact Gencarelli & Rimmassa Law Firm
If your child suffered a birth injury due to medical negligence in New Jersey, Gencarelli & Rimmassa Law Firm is here to help your family fight for justice. We understand the profound emotional and financial challenges you face, and we have the experience and resources to take on hospitals and insurance companies.
Our team works with leading medical experts to investigate what happened during your child’s birth and determine whether malpractice caused their injuries. We fight to secure the compensation your child needs for a lifetime of care.
We work on contingency—you pay nothing unless we win.
Contact us today for a free, confidential consultation. Let us help you protect your child’s future.
Call (201) 549-8737 now. Your child deserves every opportunity—let us help you fight for it.
