When a child develops cerebral palsy due to preventable medical errors during pregnancy or delivery, New Jersey law allows the family to pursue compensation through a birth injury medical malpractice claim. These cases require proof that a healthcare provider’s negligence caused or contributed to the brain damage that led to the child’s condition. Families have until the child’s 13th birthday to file a lawsuit, giving them time to recognize their child’s injuries.
As a trusted medical malpractice firm serving families throughout New Jersey, The Grossman Law Firm has helped parents navigate the complex process of birth injury claims. We know how to prove negligence and assert families’ right to compensation. Through our 27+ years of service, individuals and families across New Jersey have obtained millions of dollars in settlements, empowering them to access the best care for their injured child.
Talk to us in a free, confidential consultation. At Grossman Law, we charge no fees unless we win for you.
Understanding Cerebral Palsy and Birth Injuries
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It results from damage to the developing brain, most often before or during birth. According to the Cleveland Clinic, about 13,100 infants with cerebral palsy are born in the US each year.
The brain damage that causes cerebral palsy can occur in several ways. Oxygen deprivation is one of the most significant risk factors. When a baby’s brain doesn’t receive enough oxygen, even for a few minutes, permanent damage can result. This oxygen loss might happen due to umbilical cord problems, placental detachment, uterine rupture, or prolonged labor.
Not every case of cerebral palsy stems from medical negligence. Many cases involve factors outside anyone’s control, such as genetic conditions or infections during pregnancy. However, when healthcare providers fail to recognize warning signs of fetal distress, delay necessary emergency interventions, or make errors during delivery, they may be held legally responsible for the resulting harm.
How New Jersey Law Handles Birth Injury Claims
New Jersey medical malpractice law sets specific requirements for birth injury cases. These rules exist to ensure legitimate claims can move forward while filtering out cases that lack merit.
Statute of Limitations (Time Limit to Sue)
In most medical malpractice cases, New Jersey has a two-year statute of limitations (deadline) to file a lawsuit, but this doesn’t apply the same way to birth injuries. Under New Jersey law, families must file a birth injury lawsuit before the child’s 13th birthday. This extended timeline recognizes that some birth injuries, including certain forms of cerebral palsy, may not become apparent until the child misses developmental milestones months or years after delivery.
Affidavit of Merit Requirement
New Jersey also requires plaintiffs in medical malpractice cases to submit an affidavit of merit. This is a sworn statement from a qualified medical expert confirming that the claim has legitimate grounds. The expert must review the medical records and conclude there’s a reasonable probability that the healthcare provider’s care fell below accepted professional standards.
This affidavit must be provided within 60 days after the defendant files their answer to the complaint, though courts may grant an additional 60 days for good cause.
The affidavit of merit requirement serves an important purpose. It helps ensure that families pursuing birth injury claims have medical experts who support their case from the start. For cases involving cerebral palsy, the expert typically needs to be board-certified, usually in the same or a closely related specialty with comparable credentials as the defendant physician.
Proving Medical Negligence in Cerebral Palsy Cases
Birth injury cases involving cerebral palsy require proving four key elements:
- Duty of care: First, you need to establish that the healthcare provider had a duty to provide standard care to the mother and baby. This duty exists whenever there’s a doctor-patient relationship, which forms automatically when a physician agrees to treat a patient.
- Breach of duty: The healthcare provider must have breached (failed) their duty by not meeting the accepted standard of care. In obstetric cases, this might involve failure to properly monitor fetal heart rate patterns, improper use of delivery instruments like forceps or extractors, delayed response to signs of fetal distress, or failure to perform a timely cesarean section when complications arise.
- Causation: The provider’s breach must have directly caused or substantially contributed to the child’s brain injury. This causation element often requires extensive expert testimony explaining how the medical error led to oxygen deprivation or other brain damage.
- Damages: The child must have suffered actual damages. With cerebral palsy, damages typically include extensive medical costs, ongoing therapy and rehabilitation, assistive devices, educational accommodations, lost future earning capacity, and pain and suffering.
Attorney Scott D. Grossman and our team at The Grossman Law Firm work with qualified medical experts to thoroughly investigate potential birth injury cases and establish these four elements.
Types of Medical Errors That May Cause Cerebral Palsy
Several types of medical negligence during pregnancy and delivery can lead to the brain damage that causes cerebral palsy. Understanding these potential causes helps families recognize when their child’s condition might warrant a legal consultation.
- Failure to monitor fetal distress is among the most common issues. Healthcare providers use electronic fetal monitoring to track the baby’s heart rate patterns during labor. Certain patterns indicate the baby isn’t getting enough oxygen. When providers fail to recognize these warning signs or don’t respond appropriately, preventable brain damage can occur.
- Delayed emergency cesarean sections are another frequent problem. When vaginal delivery becomes dangerous due to umbilical cord problems, abnormal fetal positioning, or other complications, a prompt surgical delivery may be the only way to prevent oxygen deprivation. Minutes matter in these situations, and unnecessary delays can have permanent consequences.
- Improper use of birth-assisting tools also causes some birth injuries. Forceps and vacuum extractors can be valuable tools when used correctly, but excessive force or improper technique can cause head trauma and brain bleeding in newborns.
- Failure to treat infections during pregnancy is another concern. Certain maternal infections can affect the developing fetal brain if not properly identified and treated. Healthcare providers have a responsibility to screen for these conditions and provide appropriate treatment.
Supporting Data on Cerebral Palsy
The scope of cerebral palsy affects hundreds of thousands of families across the country. Here are some key facts:
- The Cleveland Clinic reports that about 1 million people in the US live with cerebral palsy.
- Studies show that about 4 in 1,000 live births are affected with cerebral palsy (as of 2022), and it’s common among these infants to have co-existing developmental conditions such as autism.
- The Centers for Disease Control and Prevention (CDC) estimates that the lifetime cost of caring for an individual with cerebral palsy was $921,000 in 2003, which translates to over $1.6 million in 2025.
FAQs About New Jersey Cerebral Palsy Claims
How long do I have to file a cerebral palsy birth injury lawsuit in New Jersey?
For injuries sustained at birth, New Jersey law requires that a lawsuit be filed before the child’s 13th birthday. This differs from the standard two-year medical malpractice statute of limitations. The extended timeline accounts for the fact that some birth injuries aren’t immediately apparent and may take years to fully manifest.
What compensation can families receive in a cerebral palsy lawsuit?
Successful birth injury claims may recover damages for past and future medical expenses, therapy and rehabilitation costs, special education needs, assistive equipment and home modifications, lost future earnings, and pain and suffering. New Jersey doesn’t cap (limit) compensatory damages in medical malpractice cases, but limits punitive damages to $350,000 or five times compensatory damages, whichever is greater.
How do I know if my child’s cerebral palsy was caused by medical negligence?
Determining whether medical negligence caused your child’s condition requires a thorough review of the pregnancy and delivery records by qualified medical experts. Warning signs that may indicate negligence include documented fetal distress that wasn’t properly addressed, unusually long labor, emergency situations where treatment was delayed, or complications during delivery that weren’t handled according to accepted medical standards.
Do I need a medical expert to pursue a birth injury claim?
Yes. New Jersey law requires an affidavit of merit from a qualified medical expert stating that the healthcare provider likely deviated from the standard of care. Additionally, expert testimony is essential at trial to establish what the proper standard of care was, how the provider failed to meet it, and how that failure caused your child’s injuries.
Key Points to Remember
- Families in New Jersey have until a child’s 13th birthday to file a birth injury lawsuit involving cerebral palsy or other conditions resulting from delivery complications.
- Medical malpractice claims require proof that a healthcare provider’s negligence caused the brain damage leading to cerebral palsy.
- New Jersey requires an affidavit of merit from a qualified medical expert within 60 days of the defendant’s answer (with possible extension).
- Common causes of birth-related cerebral palsy include oxygen deprivation from delayed cesarean sections, failure to respond to fetal distress, and improper use of delivery instruments.
- New Jersey doesn’t cap compensatory damages in medical malpractice cases, allowing families to seek full compensation for their child’s lifetime care needs.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If you believe your child’s cerebral palsy may have resulted from medical negligence during pregnancy or delivery, it’s important to understand your legal options. In a free consultation, the Grossman Law Firm can review your case and help determine whether you may have grounds for a claim.
Scott D. Grossman, Esq. is a respected personal injury attorney in New Jersey with experience handling complex medical malpractice matters.
Call (732) 625-9494 to schedule a free consultation and discuss your family’s situation.
