New Jersey Birth Injury Lawyer

New Jersey Birth Injury Lawyer

If your child experienced a birth injury due to a medical provider’s negligence in New Jersey, you may be able to seek financial compensation through a birth injury lawsuit.

Birth injuries are those sustained by infants during pregnancy, labor, delivery, or just after birth. While not all birth injuries are preventable, many result from negligence by medical professionals.

If your child has been injured during birth due to medical negligence or malpractice, a New Jersey birth injury lawyer from Birth Injury Center can help your family pursue justice and compensation. Our legal partners have years of experience handling medical malpractice and birth injury cases in New Jersey and a long track record of obtaining results for families.

Birth Injury? We Can Help

At Birth Injury Center, we partner with lawyers who know what it takes to win birth injury cases, and get you the justice you deserve.

Attorney Mathew Shooshtary

Mathew Shooshtary
Associate Attorney at The Sanders Law Firm

jay margolis headshot

Jay Kenneth Margolis
Senior Partner at The Sanders Law Firm

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When Is a Health Care Professional Liable for a Birth Injury in New Jersey?

Under New Jersey law, a health care provider is negligent if they fail to meet the accepted professional standard of care and cause harm to the patient. The standard of care is generally the level of care a reasonably competent and skilled health care professional in the same field would have provided under the circumstances.

Some birth injuries result from natural complications and are not preventable. Others are preventable injuries that would not have occurred if a health care professional had met the prevailing professional standard of care. Medical errors that can lead to birth injuries include the following:

  • Failure to monitor fetal distress
  • Incorrect use of forceps or vacuum during delivery
  • Failure to plan for or respond to birth complications
  • Failure to provide timely C-sections

Common Types of Birth Injuries in New Jersey

The most common types of birth injuries that result from negligence by health care professionals include the following:

  • Cerebral Palsy: Cerebral palsy often results from brain injury before, during, or after childbirth. It can affect muscle control and lead to speech and developmental delays.
  • Erb’s Palsy: Brachial plexus or Erb’s palsy is a birth injury resulting from paralysis of the child’s shoulder, arm, or hand. Severe cases may cause permanent damage or paralysis to the affected limb.
  • Spinal Cord Injuries: Spinal damage during birth can affect a child’s movement and sense of touch. The injury often occurs when a doctor pulls the child’s spine too hard during delivery.
  • Hypoxic Ischemic Encephalopathy, or HIE: A child may suffer from HIE if they lack oxygen and blood flow during delivery. In January 2025, a New Jersey family received a $17 million settlement after the failure to provide timely, appropriate medical intervention led to catastrophic outcomes for a mother and her newborn daughter. Jenna Doucette was diagnosed with placenta percreta, and days before her scheduled C-section, she suffered a uterine rupture and placental abruption, resulting in an emergency delivery. The delayed C-section left the child with HIE and cerebral palsy, while the mother endured severe hemorrhaging.
  • Skull fractures: Skull fractures can result in newborn cephalohematoma, which occurs when small blood vessels crossing the thin tissues above the skull are ruptured, causing blood to accumulate between the thin layer of tissue and the skull.

How Can I File a Birth Injury Lawsuit in New Jersey?

If you are considering filing a birth injury lawsuit in New Jersey, representation by an experienced New Jersey birth injury lawyer will give you the best chances of success. A skilled lawyer will investigate, gather medical records and evidence, secure the required Affidavit of Merit from a qualified medical expert, and file suit within the statutory deadline.

In New Jersey, an Affidavit of Merit must be filed in medical malpractice cases within 60 days of the defendant’s answer to the complaint. It is a sworn statement from a qualified, board-certified expert stating there is a reasonable probability that the defendant deviated from the accepted professional standard of care.

The case will then enter the discovery phase, during which the parties exchange evidence and information. Throughout this stage, your attorney will likely negotiate for a settlement. If negotiations fail, your case may go to trial.

What Evidence Do You Need in a New Jersey Birth Injury Case?

You will need a great deal of evidence to prove a health care provider’s negligence caused your child’s birth injury in New Jersey. Sources of proof may include the following:

  • Medical Records: Accurate and detailed medical records are essential to proving that negligence caused your child’s injury.
  • Expert Medical Opinions: Your attorney will obtain testimony from trusted medical experts to demonstrate that the injury was preventable and establish the extent of the harm.
  • Witness Statements: Testimonies from medical professionals, family members, and even other parents can strengthen a case.
  • Photographic Evidence: Medical images, scans, and photographs from before, during, and after the birth can further support claims.

What Compensation is Available for Birth Injury Cases in New Jersey?

Through a successful birth injury lawsuit in New Jersey, you may be able to recover multiple types of damages, including economic, non-economic, and potentially punitive damages.

Economic damages compensate victims and their families for financial losses, such as medical expenses, while non-economic damages cover the harder-to-quantify losses, such as pain and suffering. You may also be able to recover compensation for rehabilitation costs, special education expenses, loss of future earning capacity, long-term life care plans, and more.

New Jersey law does not cap compensatory damages for economic or non-economic losses in medical malpractice cases. However, the law restricts punitive damages, which courts may award when the defendant has acted maliciously or with wanton and willful disregard of the victim’s rights. In such cases, punitive damages are limited to 350,000 or five times the amount of compensatory damages, whichever is greater.

What Is New Jersey’s Statute of Limitations for Birth Injury Lawsuits?

New Jersey law mandates that lawsuits for birth injuries, either filed by or on behalf of the injured minor, must be commenced before the minor’s 13th birthday. If the minor’s parent or guardian hasn’t filed a birth injury lawsuit by the minor’s 12th birthday, the minor or an adult they designate can file an action.

However, delaying filing your case, even if it is still within the statute of limitations, can make it significantly harder to prove in court, as evidence can become harder to find and witnesses’ memories may fade over time.

Speak With an Experienced New Jersey Birth Injury Lawyer Today

Birth Injury Center is dedicated to helping families affected by birth injuries and medical malpractice by providing clear, medically reviewed information that helps parents understand potential birth injuries and learn about legal options when medical negligence may be involved.

If your child suffered a birth injury due to medical negligence or malpractice in New Jersey, we can connect you with a New Jersey birth injury lawyer to help you seek justice.

Get legal help today.

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Medically Reviewed by
Natalie Speer
RNC-OB
+8 years of experience in labor & delivery, women's health, postpartum care & more.
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Birth Injury? We Can Help