A birth injury is physical harm to a baby that happens during labor or delivery due to medical negligence. When doctors, nurses, or hospitals fail to meet the standard of care during childbirth, families may have grounds for a medical malpractice lawsuit. New Jersey law gives parents until the child’s 13th birthday to file a birth injury claim, which is longer than the standard two-year deadline for most malpractice cases.
As a respected personal injury firm serving clients throughout New Jersey, The Grossman Law Firm has helped many families pursue fair compensation after they were affected by birth injuries. We’ve won millions in compensation for clients harmed by others’ negligence.
We’re ready to listen to you and assess your case in a free consultation. At Grossman Law, we don’t charge anything unless we win for you
How Birth Injuries Happen
Birth injuries occur when mechanical forces during labor and delivery cause harm to a newborn. These injuries differ from birth defects, which develop before labor begins. While some birth trauma is unavoidable, many cases result from preventable medical errors.
Common types of birth injuries include:
- Brachial plexus injuries: These injuries affect the network of nerves that control movement in the arms and hands. The most common form, Erb’s palsy, involves damage to the upper nerves and can cause weakness or paralysis in the shoulder and arm. Most cases improve within the first year of life, though severe injuries may require surgery or cause permanent disability.
- Hypoxic-ischemic encephalopathy (HIE): This occurs when a baby’s brain doesn’t receive enough oxygen during birth. This serious condition can lead to cerebral palsy, developmental delays, and cognitive impairments. Quick recognition and treatment with therapeutic hypothermia (cooling therapy) can reduce the severity of brain damage.
- Skull fractures and intracranial bleeding: Either or both of these injuries may result from difficult deliveries, especially those involving forceps or vacuum extraction. While many minor scalp injuries heal without treatment, bleeding inside the skull requires immediate medical attention.
- Cerebral palsy (CP): This refers to a group of disorders affecting movement and muscle coordination. According to the CDC, birth complications increase the risk of cerebral palsy, such as uterine rupture, placenta detachment, or umbilical cord issues that cut oxygen supply to the baby.
Medical Negligence in Birth Injury Cases
Not every birth injury results from malpractice. To have a valid claim, you must show that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused your child’s injury. These are examples of medical negligence during childbirth:
- Failure to monitor fetal distress is one of the most common forms of birth injury malpractice. Electronic fetal heart monitors provide real-time information about a baby’s condition. When medical staff ignore warning signs of oxygen deprivation, preventable brain injuries can occur.
- Improper use of delivery instruments such as forceps or vacuum extractors can cause skull fractures, nerve damage, and brain bleeding. These tools require proper training and judgment about when their use is appropriate.
- Delayed cesarean section decisions may result in prolonged oxygen deprivation when vaginal delivery becomes dangerous. Doctors must recognize when a C-section is necessary and act quickly.
- Medication errors during labor, including improper administration of Pitocin to induce contractions, can cause uterine hyperstimulation and reduced blood flow to the baby.
- Failure to diagnose and treat infections in the mother, such as Group B streptococcus, can lead to serious complications, including meningitis in newborns.
The Grossman Law Firm works with medical experts to carefully review hospital records and identify where the standard of care was breached. Attorney Scott D. Grossman understands that proving medical negligence requires thorough investigation and strong expert testimony.
New Jersey Birth Injury Laws
New Jersey has specific rules that govern medical malpractice claims, including birth injury cases. Understanding these requirements is essential for protecting your family’s legal rights.
Filing Deadlines
The standard statute of limitations for medical malpractice in New Jersey is two years from when the injury occurred or was discovered. However, birth injury cases follow different rules under New Jersey personal injury law.
For injuries that happen at birth, families must file a lawsuit before the child turns 13. This extended deadline recognizes that some birth injuries, particularly those affecting brain development, may not become apparent until a child misses developmental milestones or starts school.
The “discovery rule” may also apply in certain cases. If parents couldn’t reasonably have known immediately about the injury or its connection to medical negligence, the clock may start later. However, relying on this exception requires strong evidence, so it’s wise to consult an attorney as soon as you suspect a problem.
Affidavit of Merit Requirement
New Jersey law requires plaintiffs in medical malpractice cases to file an affidavit of merit from a qualified medical expert. According to New Jersey court rules, this affidavit must be served within 60 days after the defendant files an answer to your complaint.
The expert who provides this affidavit must practice in the same specialty, “the same or a closely related specialty meeting statutory criteria,” as the defendant doctor. This “like-kind” requirement, established by the Patients First Act, ensures that medical opinions come from professionals with relevant experience.
Damage Caps
New Jersey does not limit the amount of compensation you can receive for economic damages (medical bills, lost wages, future care costs, and more) or non-economic damages (pain and suffering). However, punitive damages, which punish extreme misconduct, are capped at $350,000 or five times the compensatory damages, whichever is greater.
Compensation for Birth Injuries
Birth injury cases often involve substantial damages because these injuries can affect a child for life. Compensation may cover:
- Medical expenses include past and future costs for surgeries, hospitalizations, medications, therapy, and specialized equipment. Children with conditions like cerebral palsy may require lifelong medical care.
- Rehabilitation and therapy costs cover physical therapy, occupational therapy, speech therapy, and other services needed to help the child develop and function.
- Special education needs may be necessary if the injury affects cognitive development or learning ability.
- Home modifications and adaptive equipment help accommodate mobility limitations or other physical needs.
- Lost earning capacity accounts for the income your child may never be able to earn due to permanent disabilities.
- Pain and suffering compensate for the physical pain and emotional distress caused by the injury.
The CDC estimated that in 2003, the lifetime cost to care for an individual with cerebral palsy is nearly $1 million. Adjusted for inflation, the average lifetime cost for a person with CP is about $1.6 million in 2025. Medical costs for children with cerebral palsy are roughly 10 times higher than for children without the condition.
Supporting Data on Birth Injuries
Research published by the National Institutes of Health shows that birth injuries encompass a broad spectrum of conditions caused by mechanical forces during labor and delivery. These range from minor scalp injuries to severe conditions like intracranial hemorrhage.
According to the Cleveland Clinic, as many as 13,100 babies are born each year with cerebral palsy in the US. Children born preterm or at low birth weight face higher risks.
Frequently Asked Questions
How long do I have to file a birth injury lawsuit in New Jersey?
For birth injuries, you must file before your child’s 13th birthday. This is different from the standard two-year deadline for most medical malpractice cases. The earlier you consult with an attorney, the better, since evidence can be lost and memories fade over time.
What if I just discovered my child’s injury was caused by medical negligence?
New Jersey’s discovery rule may extend your filing deadline if you couldn’t reasonably have known about the injury or its cause earlier. However, you’ll need to prove when you first learned or should have learned about the connection to medical negligence.
Do I need an expert witness for my birth injury case?
Yes. New Jersey requires an Affidavit of Merit from a qualified medical expert who practices in the same specialty as the defendant. The affidavit must be filed within 60 days, stating there is a reasonable probability the standard of care was breached.
Under the Patients First Act, the expert submitting the affidavit must be equivalently qualified as the defendant, meaning they’re in the same specialty or subspecialty and comparable board certification.
Can I sue the hospital as well as the doctor?
Possibly. Hospitals may be held liable for the negligence of their employees or for their own failures, such as inadequate staffing or poor protocols. Your attorney can evaluate all potentially responsible parties.
Key Points to Remember
- Birth injury claims in New Jersey must be filed before the child turns 13.
- You’ll need an Affidavit of Merit from a qualified medical expert to proceed with your case.
- New Jersey has no caps (limits) on compensatory damages in medical malpractice cases.
- Both doctors and hospitals may be held liable for birth injuries caused by negligence.
- Early consultation with an attorney helps preserve evidence and protect your rights.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If your child suffered a birth injury due to medical negligence, you don’t have to face this challenge alone. Our firm can review your case, help you understand your options, and fight for the compensation your family deserves.
Scott D. Grossman, Esq. is a highly experienced and top-rated personal injury lawyer in New Jersey. Read Attorney Scott Grossman’s profile to learn about his experience, law accolades, and results. Call (732) 625-9494 to schedule a free consultation.
