Frequently Asked Questions About Birth Injury Claims
Of all types of medical negligence injuries, there are none that cause more emotional pain than permanent birth injury to the mother or baby. At the Seigel Capozzi Law Firm LLC, we get many questions about birth injuries caused by the negligence of a doctor or other health care provider. We are recognized as one of northern New Jersey's prominent medical negligence litigation firms for plaintiffs.
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We invite you to read some of the typical questions people have about birth injury lawsuits. If you think you may have a legitimate claim for money damages, please contact us to arrange a free consultation.
What are some typical types of birth injuries?
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 the birth process. Some of the most common birth injuries include:
- Cerebral palsy and Erb's palsy
- Shoulder dystocia and other permanent injuries from forceps
- C-section surgical and anesthesia errors
- Post-delivery infections
- Ob-gyn negligence and improper prenatal and post-natal care
How much money can I expect from a settlement or jury award?
As attorneys, we will never predict results. In fact, if you talk to a law firm that makes promises about a dollar figure, 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 we are the law firm that recovered the highest medical malpractice jury award ever in Passaic County.
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. That's why it's important to talk to an experienced birth injury lawyer. Doctors and medical facilities are governed by detailed professional standards of care during prenatal care, delivery room care and post-natal care. Anytime a medical professional fails to follow accepted procedures, injuries can result. They can be held accountable for medical malpractice.
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. As your attorneys, we will get credible testimony from medical experts who can demonstrate the specific negligence of the doctor or other medical professional who caused the injury. 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.
I like my doctor and don't want to sue, but I don't know what else to do.
We all trust our doctors. In most cases, women build a strong relationship with their ob-gyn and other medical professionals throughout their 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 the medical community to take their responsibilities seriously.
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 attorneys' fees unless you win money in a settlement or jury award. Our fees will be based on a percentage of your settlement or verdict. There are typically some court expenses that you will be responsible for. There is never monies due to our firm unless there is a recovery.
What should I expect to happen during my lawsuit?
There is no such thing as a cookie-cutter medical malpractice case. Every case is different, and it is not easy to determine whether a case is likely to result in compensation under New Jersey law. It is important to discuss your injury or wrongful death claim with an experienced lawyer.
What kind of experience does Seigel Capozzi Law Firm LLC 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.
At Seigel Capozzi Law Firm LLC, our attorneys focus on one thing — your rights. Contact our offices to arrange a free consultation to discuss your case with one of our trial lawyers today. From our offices in Ridgewood, we represent clients in the Passaic, Bergen and Hudson County regions, and throughout northern New Jersey.
