Our Lawyers Answer Birth Injury Frequently Asked Questions

Providing the answers you need to successfully resolve your medical malpractice claim

Of all types of medical negligence injuries, there are none that cause more emotional pain than permanent birth injury to a baby. Seigel Law is recognized as one of northern New Jersey's prominent medical negligence litigation firms for plaintiffs. Since 1976, we have been asked numerous questions about birth injuries. Our lawyers’ responses to frequently asked birth injury questions are below.

After reading this information, contact our firm for a free analysis of your case.

Get the answers you need after you or your baby suffered damages during pregnancy or delivery

Seigel Law helps women and babies injured by negligent obstetrical professionals. Call our law firm at 201.444.4000 or contact us online to schedule your free initial consultation with our lawyer-doctor from our Ridgewood, NJ medical malpractice team. If your injuries or childcare duties prevent you from coming to our office, our attorneys can visit you in your home or at the hospital. Through our contingency arrangement, you are not billed lawyer fees unless we recover damages in your case.


What are some common cases of birth trauma and injury?

There are many types of injuries to the mother or baby that are caused by oversight or mistakes made by the ob-gyn during prenatal care, the nursing staff in the birth room or the doctor during delivery. Some of the most common birth injuries include:

  • Post-delivery infections
  • Deficiencies caused by improper prenatal and postnatal care
  • Undiagnosed preeclampsia or gestational diabetes
  • Vaginal birth after cesarean (VBAC)

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What should I do if I suspect my child has suffered a birth injury?

To protect your baby’s health and preserve your legal claim, it is crucial that you pursue immediate medical attention for your child.

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How much money can I expect from a settlement or jury award?

As attorneys, we never predict results. In fact, if a law firm makes promises that you will receive a specific amount of compensation, realize that this is improper and highly unethical. Each settlement or jury verdict is based on the circumstances of your medical injuries. We are proud to say that our law firm recovered the highest medical malpractice jury award ever in Passaic County.

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How do I know if the doctor made a mistake or if the injury was a natural act?

In most cases, you won't know whether your circumstances give rise to a valid medical malpractice claim until you have talked to an experienced birth injury lawyer. Doctors and medical facilities are governed by detailed professional standards of care during prenatal, delivery and postnatal stages of pregnancy and birth. Anytime medical professionals fail to follow accepted procedures, injuries can result, and the doctors and hospital can be held accountable for medical malpractice.

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Isn't it my word against my doctor's?

It is true that medical negligence can be difficult to prove in the case of birth injuries. Typically, you must prove that a deviation from the expected standard of care resulted in a permanent injury or death to the mother or baby. Our attorneys introduce credible testimony from medical experts who can demonstrate the specific negligence of the doctor or other medical professional who caused the injury.

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I like my doctor and don't want to sue, but I don't know what else to do.

It is common for a woman to build a strong relationship with her ob-gyn and other medical professionals throughout her pregnancy. But when a doctor makes a serious mistake, you shouldn't have to suffer for the negligence. Often, a lawsuit leading to a high settlement or jury award forces members of the medical community to take their responsibilities more seriously.

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How much will it cost to file a lawsuit?

We offer a free consultation to discuss your birth injuries claim. If we represent you, we will not charge attorney fees unless you win money in a settlement or jury award. Our fees are based on a percentage of your settlement or verdict. There are typically some court expenses for which you are responsible, but you never owe our firm money unless we recover damages for you.

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How long will a birth injury lawsuit take?

Our firm is able to settle most birth injury cases with the defendants and their insurance companies in a timely manner. However, we may also advise you to litigate your claim, which often takes longer, but may produce a higher damages award.

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What should I expect to happen during my lawsuit?

There is no such thing as a cookie-cutter medical malpractice case. Each case involves its own set of unique facts and application of New Jersey law. It is important to discuss your injury or wrongful death claim with an experienced lawyer to understand the procedures and the potential outcomes.

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What kind of experience does Seigel Law have in the area of medical malpractice?

We were founded in 1976 and successfully handled our first medical malpractice lawsuit in 1980. That's more than 35 years of successful representation. We have access to the top medical professionals and experts to help prepare a strong, clear case for damages.

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