Birth injuries can have devastating, lifelong consequences for newborns and their families. When medical negligence during pregnancy, labor, or delivery causes harm to a baby, families face not only emotional trauma but also substantial medical expenses and ongoing care needs. Brach Eichler Injury Lawyers represents families in Roseland and throughout New Jersey who have experienced birth injuries due to medical malpractice. Our experienced attorneys understand the complexities of birth injury claims and work to hold healthcare providers accountable. We offer free consultations and work on a contingency fee basis, so you pay no attorney fees unless we obtain compensation for you.
Common Types of Birth Injuries
Birth injuries can occur due to various forms of medical negligence during pregnancy, labor, or delivery. Common birth injuries include:
- Cerebral Palsy – This neurological disorder affects movement and muscle tone and can result from oxygen deprivation during labor or delivery, improper use of delivery instruments, or failure to respond to fetal distress.
- Erb’s Palsy – This condition involves injury to the brachial plexus nerves that control arm and hand movement. It often results from excessive pulling or stretching during delivery, particularly in cases of shoulder dystocia (when the baby’s shoulder becomes stuck during delivery).
- Brachial Plexus Injuries – Similar to Erb’s palsy, these injuries affect the nerves controlling arm and hand function and can result from improper delivery techniques.
- Hypoxic-Ischemic Encephalopathy (HIE) – This condition results from oxygen deprivation to the baby’s brain and can cause permanent neurological damage, developmental delays, and cerebral palsy.
- Intracranial Hemorrhage – Bleeding in the baby’s brain can result from trauma during delivery or failure to monitor and respond to complications.
- Spinal Cord Injuries – Improper handling or excessive force during delivery can damage the baby’s spinal cord, resulting in paralysis or loss of function.
- Fractures – Broken bones, particularly clavicle (collarbone) fractures, can occur during difficult deliveries.
- Facial Nerve Injuries – Pressure or trauma during delivery can injure the facial nerve, affecting the baby’s ability to move facial muscles.
- Caput Succedaneum and Cephalohematoma – These conditions involve swelling or bleeding under the baby’s scalp and can result from prolonged labor or improper use of delivery instruments.
- Meconium Aspiration – When a baby inhales meconium (fetal stool) during delivery, it can cause respiratory distress and oxygen deprivation.
What Constitutes Medical Malpractice in Birth Injury Cases
Birth injury medical malpractice occurs when a healthcare provider’s conduct falls below the accepted standard of care during pregnancy, labor, or delivery, and that breach causes injury to the baby or mother. Examples include:
- Failure to monitor fetal heart rate and respond to signs of fetal distress
- Improper use of delivery instruments such as forceps or vacuum extractors
- Failure to perform a timely cesarean section when vaginal delivery poses risks
- Failure to diagnose and treat maternal infections or complications
- Improper administration of medications during labor
- Failure to manage shoulder dystocia or other delivery complications appropriately
- Inadequate prenatal care or failure to diagnose conditions that increase delivery risks
Why You Need an Attorney for a Birth Injury Claim
Birth injury cases are complex and require specialized knowledge of obstetric standards of care, neonatal medicine, and New Jersey’s medical malpractice laws. Healthcare providers and their insurers have substantial resources to defend these cases, and they often dispute liability aggressively.
An experienced birth injury attorney can:
- Evaluate your case and determine whether the healthcare provider’s conduct fell below the standard of care
- Retain qualified obstetric and pediatric experts to review your records and testify about the standard of care and causation
- Navigate New Jersey’s specific medical malpractice rules, including notice requirements and damage caps
- Calculate the full cost of your child’s lifetime care, including medical expenses, therapy, education, and support services
- Negotiate with insurers and healthcare providers on your behalf
- Prepare your case for trial if a fair settlement is not offered
At Brach Eichler Injury Lawyers, we have handled numerous birth injury cases and understand the medical and legal issues involved. We work with trusted obstetric and pediatric experts and have the resources to investigate thoroughly and build a strong case.
The Birth Injury Claim Process in New Jersey
New Jersey has specific rules governing birth injury and medical malpractice claims. Understanding these rules is important because failing to follow them can result in dismissal of your case.
- Notice of Intent to Sue – Before filing a lawsuit, you must provide written notice to the healthcare provider and their insurer. This notice must include a description of the alleged malpractice and the injuries sustained. The notice period is typically 90 days, during which the defendant may request an extension.
- Certificate of Merit – New Jersey requires that a birth injury complaint be accompanied by a certificate of merit signed by a qualified medical expert. This certificate confirms that the expert has reviewed the case and believes there is a reasonable basis for the claim.
- Statute of Limitations – In New Jersey, you generally have two years from the date you discovered (or reasonably should have discovered) the malpractice to file a lawsuit. For claims involving minors, the deadline may be extended. Because timing is critical, it is important to contact an attorney promptly.
- Damage Caps – New Jersey law places limits on non-economic damages (pain and suffering) in medical malpractice cases. Economic damages (medical bills, lost wages) are not capped. Understanding these limits helps you assess the potential value of your claim.
How Brach Eichler Injury Lawyers Handles Birth Injury Cases
When you contact Brach Eichler Injury Lawyers with a potential birth injury claim, we begin with a thorough evaluation. We review your medical records, discuss what happened during pregnancy and delivery, and assess whether the healthcare provider’s conduct fell below the accepted standard of care. We consult with obstetric and pediatric experts to determine whether a viable claim exists.
If we accept your case, we promptly begin the investigation. We obtain all relevant medical records from prenatal care through delivery and postpartum treatment. We review them carefully and work with medical experts to identify deviations from the standard of care. Our lawyers will then gather evidence about the healthcare provider’s qualifications, training, and any prior complaints or disciplinary actions. We also document the full extent of your child’s injuries and their impact on your family.
Our attorneys will then prepare and serve the required notice of intent to sue. We work with medical experts to develop the certificate of merit. We assess the value of your claim based on the severity of your child’s injuries, the clarity of liability, and applicable damage caps. Then, we negotiate with the healthcare provider’s insurance company, presenting our findings and seeking fair compensation.
If the insurer refuses a reasonable settlement offer, we file a lawsuit and prepare your case for trial. We work with our medical experts to prepare testimony and evidence for court. We are prepared to present your case to a judge and jury if necessary.
Throughout this process, you pay no attorney fees upfront. We work on a contingency basis, which means our fee comes from any settlement or verdict we obtain. We also advance case-related costs, including expert fees and litigation expenses.
Types of Damages in Birth Injury Cases
If you have a viable birth injury claim, you may be entitled to recover several types of damages:
- Economic Damages – These include past and future medical expenses related to treating the birth injury, including surgeries, therapy, medications, and ongoing medical care. They also include costs for special education, assistive devices, home modifications, and personal care assistance. In cases of serious birth injuries, these costs can total millions of dollars over a child’s lifetime.
- Non-Economic Damages – These include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. New Jersey law caps non-economic damages in medical malpractice cases, though the cap is adjusted annually.
- Punitive Damages – In rare cases involving especially egregious conduct, punitive damages may be available to punish the defendant and deter similar conduct.
- Parental Damages – Parents may also recover for their own emotional distress, loss of consortium, and other impacts resulting from their child’s birth injury.
Frequently Asked Questions About Birth Injury Claims
How do I know if my child's birth injury was caused by medical malpractice?
Not every birth injury is the result of medical malpractice. Some birth injuries occur despite appropriate medical care. A birth injury claim exists when a healthcare provider’s conduct falls below the accepted standard of care and causes injury. The best way to determine whether you have a case is to speak with an experienced birth injury attorney. During a free consultation, we can review your situation and provide an initial assessment.
How long do I have to file a birth injury lawsuit?
In New Jersey, you generally have two years from the date you discovered (or reasonably should have discovered) the malpractice to file a lawsuit. For claims involving minors, the deadline may be extended. Because timing is critical, contact an attorney as soon as possible.
What is the certificate of merit?
The certificate of merit is a document signed by a qualified medical expert confirming that the expert has reviewed your case and believes there is a reasonable basis for the birth injury claim. New Jersey law requires this certificate to accompany your complaint.
How much can I recover in a birth injury case?
The amount you can recover depends on the severity of your child’s injuries, the clarity of liability, and the available evidence. Economic damages (medical bills, therapy costs, assistive devices) are not capped. Non-economic damages (pain and suffering) are subject to an annual cap set by New Jersey law. We evaluate your case and discuss the potential value based on your specific circumstances.
How long does a birth injury case take?
Birth injury cases often take longer than other personal injury matters because of the complexity involved and the need to retain and work with medical experts. Some cases may resolve within a year or two, while others take several years, particularly if litigation proceeds to trial. We work efficiently to move your case forward while ensuring we take all necessary steps to build a strong claim.
Will my case go to trial?
Many birth injury cases settle before trial. However, we prepare every case with trial in mind. This preparation strengthens our negotiating position and ensures we are ready to present your case in court if needed. Whether your case goes to trial depends on factors such as the strength of the evidence, settlement offers, and your preferences after discussing the risks and benefits of litigation.
Contact Brach Eichler Injury Lawyers for Your Free Birth Injury Consultation
If you believe your child has suffered a birth injury due to medical negligence, contact Brach Eichler Injury Lawyers for a free consultation. Call (973) 364-8300 to speak with one of our experienced attorneys. We serve Roseland and communities throughout New Jersey. We can arrange to meet you at our office, your home, or another convenient location. The firm states that it is available 24/7 to assist you.
Do not delay in seeking legal advice. New Jersey’s statute of limitations means you have a limited time to pursue your claim. The sooner we begin investigating, the better we can preserve evidence and build your case. With more than $750 million recovered in past cases, Brach Eichler Injury Lawyers has the experience and resources to handle your birth injury claim and pursue the compensation your family deserves.
Written by: Brach Eichler Injury Lawyers Last Updated : September 29, 2026We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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