Birth injuries include serious conditions such as cerebral palsy, brain damage from oxygen loss, nerve injuries to the arm or shoulder, skull fractures, and spinal cord trauma that occur during childbirth.
These injuries develop during labor or delivery and are often related to physical stress, oxygen deprivation, or medical mistakes made before or during birth. Some resolve with time and treatment, while others create lifelong challenges that affect a child’s health, development, and daily life.
Families are often left searching for answers after a medical injury harms a loved one. Our Newark birth injury lawyer helps families review medical records, explain what went wrong, and pursue accountability through claims tied to preventable delivery injuries. Legal support helps families plan for care, services, and long-term needs tied to the harm their child suffered.
Types of Birth Injuries Seen in Medical Malpractice Cases
Some delivery-related birth injuries involve temporary trauma, while others result in permanent conditions. The injuries most often reviewed in New Jersey birth injury claims involve harm to the brain, nerves, bones, or spinal cord during labor or delivery.
Brain Injuries Linked to Oxygen Loss
Lack of oxygen during labor or delivery can damage a baby’s brain. This type of injury often occurs when warning signs of fetal distress are missed or when emergency delivery is delayed.
Situations linked to oxygen loss frequently involve labor that continues for too long without medical intervention, umbilical cord complications that restrict oxygen flow, placental abruption that interferes with blood supply, or hesitation in moving forward with a necessary C-section.
These injuries may lead to developmental delays, seizures, or lifelong care needs.
Cerebral Palsy
Cerebral palsy affects how a child moves and controls their muscles. Many cases begin when a baby does not get enough oxygen during birth or develops an infection that goes untreated. Children with cerebral palsy often need long-term care to help them move, speak, and take part in daily activities.
That care may include physical therapy to build strength, therapy to help with everyday tasks, speech therapy, medical equipment to support movement, and regular medical visits as the child grows.
Brachial Plexus Injuries (Erb’s Palsy)
Brachial plexus injuries affect the nerves that control movement and sensation in the arm and shoulder. Excessive force during delivery can cause these injuries, especially in shoulder dystocia, which occurs when a baby’s shoulder becomes stuck during birth.
Children with this type of injury may experience weakness or paralysis in one arm, reduced range of motion, or the need for surgery or long-term therapy to restore function.
Skull Fractures and Head Trauma
Improper use of forceps or vacuum extractors can cause skull fractures or other forms of head trauma. These delivery tools require careful handling and clear medical justification.
When used incorrectly, they can lead to bleeding in the brain, seizure disorders, or cognitive delays that affect learning and development.
Facial Nerve Injuries
During delivery, pressure on a baby’s face can injure the nerves that control movement. In mild cases, facial movement improves over time. In more serious cases, a child may have lasting weakness on one side of the face, which can affect feeding, speech, or facial expression as they grow.
Spinal Cord Injuries
Spinal cord injuries happen when a baby’s neck or back is handled with too much force or when the spine is stretched or twisted during birth. These injuries do not occur often, but when they do, the effects are usually serious.
Some children lose movement in part of their body, struggle with breathing, or need long-term medical care and daily support.
Risk Factors That Increase the Chance of Birth Injuries
Childbirth risks rise when a baby is very large or positioned feet-first. There can also be problems when labor lasts too long. Because birth injuries are more likely in these and other situations, medical teams are trained to watch for these risks and adjust care as needed during labor and delivery.
Health conditions such as diabetes or high blood pressure during pregnancy can also raise concern, especially when the baby is showing signs of distress.
Signs a Birth Injury May Be Present
Some injuries show up right away, while others become clear as a child grows. Warning signs of a birth injury may include:
- Difficulty feeding
- Weak muscle tone
- Missed developmental milestones
- Seizures
- Limited movement in arms or legs
Getting an early diagnosis from a medical professional helps with treatment. Their findings can help strengthen medical documentation if a legal claim follows.
How Medical Professionals Can Be Liable for a Birth Injury
Hospitals and medical providers are expected to follow accepted standards of care. They may face liability claims when:
- Emergency treatment is delayed
- Delivery tools are used improperly
- Fetal distress is not monitored or addressed
- Communication breaks down among staff
- Prenatal planning falls short
Our attorney will review medical records to determine where care failed. We can work to reconstruct the timeline and decisions that led to harm.
Why a Newark Medical Malpractice Lawyer Plays a Key Role
Birth injury claims are a form of medical malpractice. Our Newark medical malpractice lawyer understands how New Jersey law applies to doctors, nurses, hospitals, and healthcare systems.
Medical malpractice cases require proof that:
- A healthcare provider owed a duty of care.
- That duty was breached during treatment.
- The breach caused injury.
- The injury led to measurable harm.
New Jersey law also requires expert testimony in most malpractice cases. An attorney helps manage these requirements and deadlines so families do not lose their right to bring a claim.
Time Limits for Filing a Birth Injury Claim in New Jersey
New Jersey generally allows two years to file medical malpractice claims under N.J.S.A. 2A:14-2. For minors, the deadline may be extended, but limits still apply.
New Jersey law also requires an early step in medical malpractice cases. Under N.J.S.A. 2A:53A-27, a qualified medical expert must review the records and confirm that the care likely fell below accepted medical standards. This document, called an affidavit of merit, must be filed on time, or the case may be dismissed, even if the injury is serious.
These rules affect when and how a case can move forward. Missing a step can end a claim before it starts. Our firm will conduct an early review to help protect a family’s legal rights.
Call O’Connor, Parsons, Lane & Noble About Birth Injury Claims
Families across New Jersey turn to O’Connor, Parsons, Lane & Noble for help with serious medical malpractice cases, including birth injury claims. We bring decades of trial experience, a team-based approach, and insight gained from prior defense-side work.
Clients work with a legal team that includes four Board–Certified Trial Attorneys, so their case receives experienced review, careful preparation, and steady guidance from start to finish.
Our attorneys are widely respected in the legal community and trusted even by opposing counsel. We handle cases on a contingency basis, travel for consultations, and focus on building strong relationships with the families we represent.
If your family is seeking answers about what the common birth injuries are and whether medical errors played a role, our firm can review your situation and explain your options. Contact us for a free consultation and learn how the legal team can help protect your child’s future.