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Bone Fractures

infant leg bone fracture in castWhile there are many types of birth traumas that can affect a newborn, broken bones are one of the most common. Most bone fractures can be healed with proper medical treatment, but the cost can be exorbitant for families expected to foot the bill of a doctor’s mistake.

Few life events are as traumatic as seeing a healthy baby injured during labor. The New Jersey birth injury attorneys at Eisbrouch & Marsh can help you reach a settlement with the hospital that will cover your medical and other expenses, while also providing compensation for your psychological and emotional distress.

We find it is imperative to conduct these thorough investigations to root out hospital inadequacies and ensure the same medical errors do not happen to other families.

New Jersey newborn care lags behind the national average

New Jersey hospitals lagged behind the nation in their care for newborns, with 2.56 birth traumas per every 1,000 births (compared to the national average of 2.3 traumas.) Several years in a row, NJ hospitals reported substandard care for newborns and their mothers, which sometimes involves broken bones.

Filing a birth trauma lawsuit in New Jersey

Your birth trauma lawsuit may be affected by one of the following state laws:

  • Statute of Limitations: You have two years from the date of your child’s birth to file a broken bones lawsuit.
  • Medical Malpractice Damage Limits: Punitive damages are capped at 5 times the plaintiff payout or $350K.
  • Birth Injury Lawyer Fee Limits: Attorneys may not claim more than one-third of the first $500,000; 30% of the next $500,000; 25% of the next $500,000; and 20% of the next $500,000. Fees are limited to 25% for actions where the plaintiff is a minor.

If you have any questions as to your eligibility to file a birth injury lawsuit, do not hesitate to call 1-800-RESULTS for a free case assessment.

Common types of bone fractures we see

Bone fractures are most commonly observed in cases of breech delivery, shoulder dystocia, and excessive birth weight. Broken bones can affect the skull, arm, leg, collarbone, wrist, hip, leg, ankle, foot, jaw, neck, shoulder, elbow, or back.

Our birth injury attorneys have experience in prosecuting cases of:

  • Clavicular fracture: Sometimes these fractures are unavoidable and unpredictable in normal births. However, negligence could be a factor if the baby’s excessive birth weight was not monitored prior to birth, or if forceps were used in the delivery. Healing usually occurs within 7-10 days with proper treatment. Sometimes the spine, brachial plexus nerve or humerus are also damaged in births involving a fractured clavicle.
  • Long bone fracture: Babies with femoral or humeral shaft fractures exhibit a loss of spontaneous arm or leg movement, as well as pain and swelling. Sometimes mothers and their OBGYNs report hearing a “snap” sound during delivery. Recovery generally takes two to four weeks, with up to 10 days of immobilization recommended.
  • Epiphysial displacement fracture: Pain when the shoulder is moved and a limp arm is evidence of this kind of fracture, which occurs through layers of cartilage cells at the round end of a long bone (the epiphysis). Treatment involves immobilization for 8-10 days, but residual deformity is more common with this type of fracture.

Should you file a birth trauma lawsuit?

Sometimes accidents just happen and it is no one’s fault. Even the best doctors cannot guarantee a safe delivery 100% of the time, despite the best possible monitoring, training, and standards of care. However, every case of birth trauma deserves a closer look to determine what really happened and whether negligence was involved.

Mistakes that lead to broken bones may include:

  • Delay in ordering a c-section
  • Failure to monitor birth weight
  • Failure to respond to signs of fetal distress
  • Failure to anticipate problems during delivery
  • Failure to notice the baby is presenting in breech (feet first) position
  • Aggressive delivery techniques, including the improper use of vacuums or forceps
  • Wrong steps taken when the baby’s shoulders get caught on the mother’s pubic bone
  • Cephalopelvic disproportion (where the mother’s shape and size are inadequate for vaginal birth)

Proving negligence will require testimony from medical experts who have similar backgrounds, experience and education to determine a “reasonable standard of care” in a given situation.

Eisbrouch & Marsh has been representing broken bone birth injury cases for more than 50 years. Our team includes a vast number of resources, including access to reputable physicians who are willing to testify on your behalf.

Compensation in birth injury lawsuits

Birth injury victims may receive compensation to cover:

  • Past, present and future medical expenses
  • Costs associated with physical therapy or ongoing medical care
  • Lost income during the time spent caring for your injured newborn
  • Emotional distress and suffering

It is not unusual to see birth injury lawsuit settlements reach the tens of thousands of dollars, especially given the amount of pain and suffering the parents endure.

One New York mother recently received $5.8 million when her son’s skull was fractured during a difficult vaginal birth. It was determined that the boy should have been delivered by cesarean section, rather than pushing hard on the mother’s abdomen to force the birth. The boy suffers permanent disability, with trouble walking and talking.

Call the NJ and NY birth injury attorneys at Balkin & Eisbrouch

Balkin & Eisbrouch specialize in the prosecution of birth trauma cases in New York and New Jersey. With more than 50 years of experience in this niche, you can be sure you’re in good hands. We are more than happy to listen to your grievances, assess your case free of charge, and provide our legal expertise to help you move on with life following this devastating event.

Call 1-800-RESULTS to access a winning team of birth injury lawyers you can count on.

  1. New Jersey Star-Ledger – NJ Hospitals Scored Better Than National Average In Most 2010 Safety Measures http://www.nj.com/news/index.ssf/2012/03/report_nj_hospitals_scored_bet.html
  2. Medscape – Types of Bone Fracture http://emedicine.medscape.com/article/980112-overview#aw2aab6c10
  3. New York Daily News, Medical malpractice lawsuits have cost city $134 million this year and range from babies crushed to crucial misdiagnoses, http://www.nydailynews.com/life-style/health/medical-malpractice-lawsuits-cost-city-134-million-year-range-babies-crushed-crucial-misdiagnoses-article-1.1145098