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Birth Injury FAQs

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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  • $7,900,000

    Recovery on behalf of the 16-year-old girl injured by electrical malfunction

  • $8,000,000

    Jury verdict in a catastrophic injury case

  • $1,100,000

    Settlement for a fractured arm in Passaic County

  • $4,775,000

    Settlement for a woman in Bergen County injured in a trucking accident

Meet Our Attorneys

  • (95 Reviews)

    By Teresa R Perez - January, 2018

    I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.

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  • (95 Reviews)

    By Miriam Smith-Leone - December, 2017

    The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...

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  • (95 Reviews)

    By L C - October, 2017

    After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.

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  • (95 Reviews)

    By Liliana Paredes - October, 2017

    Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.

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  • (95 Reviews)

    By Oren Goldshmidt - September, 2017

    I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...

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What we offer our clients


Personal injury and medical knowledge

Our knowledgeable team of personal injury lawyers includes a medical doctor who advises on complex medical topics


One-on-one attorney attention

By maintaining a limited number of cases, our attorneys can provide personalized attention to each client we serve


Results-oriented strategies

Our lawyers have won numerous high verdicts and settlements, many in the high six- and seven-figure range, for our injured clients


Trial experience

Every trial attorney in our firm is a certified trial attorney by the New Jersey Supreme Court


Communication as a priority

We understand how important communication is to a successful attorney-client relationship, we return calls within 24 hours


Community involvement

Our lawyers and staff are active in community outreach and community service programs

  • "The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.

  • "After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.

  • "I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.

  • "Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.

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