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New Jersey Birth Injury Lawyer

baby hand grabbing adult thumbNew Jersey medical malpractice attorneys representing birth injury victims in Essex, Morris, Passaic, Hudson, Middlesex and Bergen County.

When the hope and excitement of pregnancy are turned upside down by a traumatic labor and delivery process, the help of a skilled New Jersey birth injury lawyer may become critically important. With a wide variety of birth injuries impacting an estimated 7 of every 1,000 births in the United States, far too many parents and their children are faced with the prospect of debilitating, permanent disability each year.

At Eisbrouch Marsh, we want parents of children harmed by preventable birth injuries to know that there is hope. We have devoted our careers to providing unrivaled legal representation to the most vulnerable victims of medical negligence, and stand ready to help your family navigate the process of securing not only the financial compensation you need, but also the justice you deserve.

New Jersey birth injury lawyers

Severe birth-related injuries are sometimes an unavoidable outcome of malpositioned babies within the birth canal or fetal size irregularities, but there are many other instances in which the harm sustained could have been avoided if an appropriate level of attention and care had been paid by the attending healthcare providers present during the delivery process. When serious errors are committed by medical professionals and catastrophic injuries occur, it may be necessary for parents to enlist the aid of an experienced birth injury attorney who can help them secure the financial resources required to cope with the challenges the future inevitably holds.

Babies who have suffered serious birth-related injuries frequently contend with profound developmental, physical and emotional difficulties that necessitate costly, continuous treatment and therapy. The expense of such interventions can be financially devastating for families, and that is why finding the right lawyer is an essential step in the process of recovery.

The NJ medical malpractice attorneys of Eisbrouch Marsh have spent 25 years fighting for victims of medical malpractice and have built an expansive network of nursing consultants, medical experts, case investigators and support staff to help us provide an unmatched level of advocacy and fight for every dollar of compensation to which our clients are entitled.

Birth injuries commonly sustained as a result of medical negligence

While there are some birth injuries that are minor in nature, others prove to be much more catastrophic, including:

  • Brachial plexus injury
  • Cerebral palsy
  • Erb’s Palsy
  • Brain damage caused by hypoxia
  • Spinal cord damage
  • Hypoxic Ischemic Encephalopathy (HIE)
  • Bone fractures
  • Internal bleeding
  • Umbilical cord strangulation or compression

There can be no doubt that every single birth injury causes parents and families a great deal of anguish and frustration, but not all such events give rise to an actionable medical malpractice lawsuit against the labor and delivery staff who attended the birth. Liability can be found only when physicians and other healthcare providers deviate from the accepted standard of practice, or they fail to timely recognize conditions or circumstances likely to place the mother or child’s health in jeopardy during labor.

A birth injury attorney will need to establish that the medical professionals owed a duty of care to the mother and baby, that the duty was breached by their acts or omissions and that the breach was the direct cause of the injuries sustained.

It is also necessary to provide concrete documentation of the damages suffered as a result of the negligence at issue, in order to secure full financial recovery. Because these types of proofs are extraordinarily complex, it is vital that injury victims and their families align themselves early on with a team of attorneys with a proven track record of success in birth injury cases in Bergen County, Hackensack, Paramus and throughout the state of New Jersey as well as in New York City and Long Island.

Common physician acts and omissions in birth injury cases

Fortunately, most deliveries occur without incident and are attended by doctors and nurses who diligently meet the accepted standard of medical care. However, there are other times when the healthcare providers breach that standard, resulting in tragic consequences for infants and their families.

Some of the more common acts and omissions responsible for birth injuries include:

  • Improper or ill-advised use of forceps to facilitate delivery
  • Failure to monitor fetal heart rate
  • Failure to identify signs of fetal distress
  • Inaccurate prenatal assessments
  • Overdosing of Pitocin or other medications
  • Failure to detect problems with pelvic fit
  • Poor timing of labor induction
  • Failure to communicate with other attending professionals
  • Failure to diagnose placental abruption or umbilical cord problems
  • Delayed ordering of C-section

If you believe that the injury your child sustained was the result of a medical professional’s failure to meet the accepted standard of care during the delivery process, the team at Eisbrouch March is ready and willing to help you find the truth and assess your legal options. Your child may be facing a lifetime of challenges requiring expensive treatments, therapy and special education, and we are committed to holding the responsible parties accountable and obtaining the financial recovery your family is surely going to need.

Finding the right NJ birth injury attorneys

When the time comes to find the right birth injury lawyer to handle your child’s case, you may feel overwhelmed by the options. The process can be simplified, however, by keeping certain key characteristics in mind during your search and seeking attorneys who:

  • Have a demonstrable record of handling birth injury malpractice claims
  • Have secured substantial compensation awards for clients in the past
  • Provide personalized attention and open communication with clients
  • Enjoy access to a large network of experts, investigators and consultants
  • Are experienced settlement negotiators as well as trial attorneys

At Eisbrouch Marsh, we pride ourselves on meeting each and every one of the above standards and offering every client an impressive level of individual service. We understand that the aftermath of a birth injury is a time marked by confusion, sadness and even anger. It is our mission to provide families with the facts they need to make informed decisions about their cases and pursue every avenue available to obtain full and fair compensation for their injured children.

To that end, our attorneys pledge to:

  • Gather all critical evidence, secure expert opinions and build persuasive arguments
  • Secure all relevant hospital documentation as well as prenatal medical records
  • Provide zealous advocacy during the pre-trial negotiation stage
  • Serve as aggressive trial counsel, if earlier resolution proves impossible

Compensation available to plaintiffs

If your child has suffered a birth injury due to medical negligence, you likely realize the many obstacles and difficulties to be faced. You may be concerned about your ability to afford the specialized services and care that will undoubtedly be required. The good news is that help really is available. Settlements and verdicts in New Jersey birth injury cases are often quite substantial, and recent awards have included:

  • $13.6 million structured settlement received by a Bergen County child who was the victim of obstetrical malpractice that resulted in serious developmental delays
  • $850,000 settlement received by a Somerset County girl who suffered brachial plexus injury due to doctor’s failure to identify shoulder dystocia and an improper inducement of labor
  • $14 million award received for doctor’s failure to identify fetal distress and failure to order immediate C-section delivery, resulting in child’s cerebral palsy

Eisbrouch Marsh, NJ personal injury attorneys you can count on

The New Jersey birth injury lawyers of Eisbrouch Marsh invite you to call us at 201-342-5545 to arrange for a no-cost initial consultation. State law requires that New Jersey birth injury lawsuits be filed by the child’s 13th birthday, so the sooner you begin to explore your options, the better your chances of securing the outcome you desire.

Serving Bergen County, Hackensack, Paramus, all of northern New Jersey & all 5 boroughs of New York City, we look forward to examining the facts of your case and discussing possible next steps to be taken behalf of your child.

  1. Healthcare Cost and Utilization Project, Potentially Avoidable Injuries to Mothers and Newborns During Childbirth, 2006,
  2. Stanford Children's Health, Birth Injury, 
  3. The Merck Manual Home Health Handbook, Birth Injury, http://www/