- Why Choose Levin & Perconti as Your Birth Injury Attorney in New Jersey?
- New Jersey Birth Injury Statute of Limitations
- New Jersey Birth Injury Resources
- New Jersey Fatal Birth Injury Statistics
- What is Considered a Birth Injury from Medical Negligence?
- Birth Injuries Commonly Caused by Medical Malpractice
- Common Causes of Birth Injuries in New Jersey
- Testimonials
- Compensation for Birth Injuries in New Jersey
- Who Is Liable for Birth Injuries in New Jersey?
- Contact Our New Jersey Birth Injury Lawyers Today For A Free Case Review
Birth injuries can cause devastating lifelong disabilities and take a significant financial and emotional toll on a family. Oxygen deprivation at birth can cause permanent brain damage within minutes, and improper birthing techniques can damage the infant’s nerves, tendons, and bones. Medical malpractice is often at the root of these complications.
Our New Jersey birth injury lawyers have been standing up to negligent health care providers for over 30 years. Call us today at (312) 332-2872 to schedule a free case review.
Why Choose Levin & Perconti as Your Birth Injury Attorney in New Jersey?
We are nationally recognized birth injury lawyers with numerous record-setting settlements and verdicts that make headlines. We were one of the nation’s first birth injury law firms, and our attorneys have more than 400 years of combined experience.
Our talented New Jersey birth injury lawyers will take the pressure off you and handle every aspect of your legal claim. You can count on us to do the following:
- Review your medical records.
- Interview witnesses.
- Answer your calls.
- Advise you of your legal rights.
- Negotiate a settlement.
- Refuse to accept less than fair compensation.
- Fight for you in court if necessary.
We have a nationwide network of the best birth injury experts working for us, and we will use these connections to strengthen your case. Two of the nation’s leading birth injury lawyers are partners at our firm.
Dov Apfel and Seth Cardeli have obtained multiple multimillion-dollar verdicts and settlements for parents nationwide. They educate attorneys, judges, and advocacy organizations about the legal and scientific aspects of birth injuries. They are respected authors in numerous legal journals who have dedicated their careers to advocating for birth-injured children and their families.
Case Results
$40 Million
Verdict
awarded for a 19-year-old disabled teen who suffered a severe brain injury during birth due to a delayed C-section delivery.
$29 Million
Settlement
on behalf of a child who suffered brain damage and other injuries after a delayed cesarian section
$20 Million
Verdict
on behalf of a child who suffered preventable HIE and asphyxia injuries at birth, resulting in permanent cognitive and developmental impairments.
$14 Million
Settlement
against a Chicago hospital that failed to respond to fetal monitoring promptly after it detected nonreactive fetal heart tracings and schedule a timely C-section, leading to a lack of oxygen in the infant and subsequent brain injury
$11.5 Million
Settlement
in a FTCA settlement for active-duty parents of a child birthed at the U.S. Naval Hospital in Guam, suffering a catastrophic hypoxic-ischemic brain injury after a negligent neonatal resuscitation and intubation
$9 Million
Settlement
$8 Million
Settlement
for the family of a now 9-year-old boy who was born with a hypoxic brain injury as a result of a delayed C-section given at a Chicago hospital.
$6.71 Million
Settlement
against a hospital that trusted an inexperienced resident with performing a vaginal delivery of a breech presentation, resulting in brachial plexus and shoulder dystocia
$6.5 Million
Settlement
for a young girl who suffered a brain injury during birth due to the physician’s failure to perform a timely C-section
$6.5 Million
Settlement
for a child who suffered a brain injury due to a hospital’s failure to provide appropriately trained health care providers to perform a neonatal resuscitation
$3.5 Million
Settlement
$2.9 Million
Settlement
New Jersey Birth Injury Statute of Limitations
The New Jersey birth injury statute of limitations requires you to file your claim within two years of the date of the malpractice or the date you discover the injuries.
The discovery date is often the date that your child receives a diagnosis of a condition that may stem from a birth injury, such as cerebral palsy. Often, cerebral palsy is not diagnosed until after the two-year statute of limitations has expired. The discovery rule makes an exception when the injury is discovered later.
Children in New Jersey who were injured at birth have a right to file a separate claim for their own losses. A child’s birth injury claim in New Jersey must be filed by the child’s thirteenth birthday. Parents may file the claim on the child’s behalf. If a child reaches the age of 12 and the parent has not filed a claim, the child can file the claim or petition the court to appoint a guardian ad litem to file it.
New Jersey Birth Injury Resources
New Jersey has numerous support networks and services available to parents caring for children with special needs, including the resources listed below.
- Maternal Health Hospital Report Card – an interactive site that provides information about birth outcomes at New Jersey hospitals
- Mom2Mom – an online support network for parents of special needs children and adults
- Healthcare Advocacy Toolkit – a downloadable guide for families and individuals with developmental disabilities
- The ARC of New Jersey – an organization that provides advocacy, support, and training to children with intellectual and developmental disabilities and their families
- Regional family support councils – regional networks that provide resource and support information to parents and family members of people with developmental disabilities
- SPAN – a nonprofit organization in Newark that teaches parents how to advocate for their children and matches parents in distress to trained support parents
New Jersey Fatal Birth Injury Statistics
The New Jersey Department of Health reports that in 2020, 5.24 of every 1,000 newborn infants died during the perinatal period—the period between the 28th week of pregnancy and the seventh day after birth. This statistic is slightly lower than the national average of 5.62.
The three top causes of perinatal death from 2018 to 2020 were as follows:
- Complications of the placenta, umbilical cord, or membranes
- Premature birth
- Pregnancy complications
Approximately 7.7 percent of New Jersey babies born in 2020 were diagnosed with low birth weights, and 9.2 percent were premature.
Birth Injury Inequalities in New Jersey
The New Jersey Department of Health has uncovered a disturbing correlation between the risk of birth injuries and race. Infants born to white and Asian New Jerseyans have statistically better outcomes than Hispanic and black infants. The disparity is especially striking with regard to black infants. The graph below is based on 2020 data, the most recent year for which data is available.
Under state and federal laws, everyone is entitled to receive quality medical care, regardless of national origin, color, race, religion, or age. If you have received substandard care during pregnancy, labor, or childbirth, and it resulted in harm to you or your baby, contact us immediately for a free consultation. There is no charge for our services unless we win compensation for you.
What is Considered a Birth Injury from Medical Negligence?
A birth injury is an “impairment of the infant’s body function or structure due to adverse influences that occurred at birth,” according to the National Vital Statistics Report. When a birth injury is the result of a health care provider’s error, it may amount to medical malpractice. Medical negligence during childbirth can also injure the mother.
Health care providers have a legal duty to provide a reasonable standard of care. The reasonable standard of care is the course of action a prudent health care provider with similar qualifications would take given the information available at the time. Any deviation from medical guidelines may constitute a breach of duty.
Birth Injuries Commonly Caused by Medical Malpractice
Medical provider mistakes during pregnancy, labor, or childbirth can lead to birth injuries in the mother and child. Some birth injuries also occur shortly after birth. Birth injuries to the newborn may include the following:
- Cerebral palsy
- Erb’s palsy
- Birth asphyxia
- Hypoxic-ischemic encephalopathy
- Neonatal seizures
- Facial paralysis
- Eye injuries
- Fractured collarbone
- Skull fractures
- Intraventricular hemorrhage
- Spinal cord injuries
- Stillbirth
Medical malpractice can lead to perineal tearing in the mother. The improper use of forceps or the improper vaginal birth of a baby that is too large in proportion to the mother’s pelvis can cause third and fourth-degree perineal tearing, which is tearing of the rectal walls or anus. This can lead to urinary or bowel incontinence.
It can also damage the pelvic floor muscles, which hold the nearby organs in their usual positions. As a result, the mother’s uterus, bladder, or even small intestines may sag into other organs or the vaginal canal. This condition is known as pelvic organ prolapse. These injuries can cause significant pain, embarrassment, and emotional trauma.
Common Causes of Birth Injuries in New Jersey
Most birth injuries are avoidable. Careless mistakes by health care providers during pregnancy and birth jeopardize the health of the mother and baby. If you or your child was injured during birth, our birth injury attorneys in New Jersey can help you pursue significant financial compensation.
Medical Errors that Cause Birth Injuries in the Newborn
Newborn infants may suffer birth injuries as a result of the following forms of negligence:
- Improper use of forceps
- Errors using vacuum extraction
- Untimely C-section
- Misdiagnosed gestational diabetes
- Failure to prevent or properly manage shoulder dystocia
- Failure to detect the signs of fetal distress
- Prolonged labor
- Failure to detect umbilical cord problems
- Attempt or completion of a breech birth
Maternal Birth Injury Causes
The primary causes of maternal birth injuries are inappropriate forceps use, breech birth, and attempted delivery of a baby too big to fit through the mother’s birth canal, also known as cephalopelvic disproportion. In most cases, a prudent provider will perform a planned C-section to avoid complications from these circumstances.
Delayed C-sections can have a domino effect, in which providers hurry through the procedure to make up for lost time, increasing the risk of errors. A hurried surgeon may cut too deeply or into the wrong area and cut the baby or injure the mother’s bladder, bowels, or other organs.
Mothers can also experience serious injuries as a result of negligent postpartum care. Our birth injury lawyers won a $7.62 million verdict for the family of a woman who died after a doctor disregarded her complaints about post-partum bleeding.
Negligent Prenatal Care and Birth Injuries
Some birth injuries result from medical negligence during pregnancy. Medical guidelines require doctors to perform testing and monitor the health of the fetus and the mother throughout pregnancy. Doctors who follow medical standards can detect conditions that put the mother or baby at risk of complications during labor.
For example, expectant mothers with misdiagnosed gestational diabetes may have large babies, increasing the risk of cephalopelvic disproportion and shoulder dystocia.
The following medical negligence during pregnancy may increase the risk of birth injury for the mother and the baby:
- Misdiagnosed maternal infections
- Misdiagnosis of preeclampsia
- Misdiagnosed maternal infections
- Undiagnosed marginal cord insertion
- Undetected maternal or fetal anemia
- Failure to diagnose placenta previa
- Failure to detect a breech presentation
- Failure to diagnose cephalopelvic disproportion
Doctors providing proper prenatal care can detect these conditions before labor starts and take proactive measures to protect the mother and fetus. If you or your baby has suffered harm because your doctor let you down during pregnancy, birth, or the postpartum period, our New Jersey birth injury attorneys can help you file a birth injury lawsuit and hold the negligent health care providers accountable.
Testimonials
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
Compensation for Birth Injuries in New Jersey
Damages for the Death of the Mother or Infant
If a birth injury leads to the death of the infant or the mother, families may be entitled to pursue damages through a wrongful death lawsuit. Wrongful death compensation may recover the damages for the child’s pain and suffering, loss of the child’s companionship, and emotional distress.
Are Punitive Damages Available in New Jersey?
Parents may pursue punitive damages for birth injuries in rare cases when they have clear and convincing evidence that the doctor’s conduct was intentionally malicious or that the doctor consciously and willfully disregarded a foreseeable risk of harm. The maximum punitive damages award in New Jersey is $350,000.
Who Is Liable for Birth Injuries in New Jersey?
Liability for birth injuries may fall on any licensed health care provider or facility whose negligence contributed to the injuries. You may be able to name multiple parties in your New Jersey birth injury lawsuit, including the following:
- Obstetricians
- Family doctors
- Pediatricians
- Pathologists
- Anesthesiologists
- Midwives
- Nurses
- Pharmacists
- Hospitals
- Birthing centers
Contact Our New Jersey Birth Injury Lawyers Today For A Free Case Review
If you, your spouse, or your child has suffered a birth injury because of medical negligence during childbirth or pregnancy, you deserve compensation. Our New Jersey birth injury lawyers are dedicated to fighting for the maximum compensation available.
Contact us today for a free consultation.
Legally Reviewed by
Dov Apfel
Contact Us
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- (312) 332-2872
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Related Pages
- Birth Injury Lawyer
- Birth Asphyxia
- Brachial Plexus Injury
- Breech Birth Complications
- Cerebral Palsy
- Erb's Palsy
- Gestational Diabetes Misdiagnosis
- Hypoxic-Ischemic Encephalopathy (HIE)
- Neonatal Seizures
- Oxygen Deprivation
- Preeclampsia Misdiagnosis
- Shoulder Dystocia
- Statute of Limitations by State
- Stillbirth Lawsuit
- Umbilical Cord Compression
- Untimely C-Section
- Vacuum Extraction Injury
Notable Results
SETTLEMENT
for the family of a child who suffered brain injury due to lack of oxygen during her birth
SETTLEMENT
for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely C-section
VERDICT
for a child who died as a result of a doctor’s failure to diagnose the mother with an immune disorder while pregnant
Birth Injury Awards
In 2024, Michael Bonamarte, Seth Cardeli, and Cari Silverman won the Trial Excellence award at the Jury Verdict Reporter reception and awards ceremony for their groundbreaking $40 million verdict on behalf of a client who suffered a birth injury. This is the highest ever reported medical malpractice verdict outside of Cook County, IL at the time of reporting and the highest ever verdict in Coles County.
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325 N LaSalle Dr Suite 300
Chicago, IL 60654
312-332-2872
You may be able to recover substantial economic and non-economic damages for medical negligence during childbirth if you or your child were injured. Unlike many other states, New Jersey imposes no limits on non-economic damages in medical malpractice claims, removing a significant hurdle to recovering your full case value.
Economic damages compensate for measurable monetary losses you can prove. They include the following:
- Medical expenses related to the injury
- Educational expenses related to your child’s special needs
- The cost of home modifications to accommodate your child
- The excess cost of childcare
- Lost wages of the parents
- Your child’s lost earning capacity
Non-economic damages compensate for losses to you and your child’s quality of life. These include the following:
- Physical pain
- Emotional distress
- Loss of society
- Loss of enjoyment of life
