Who can be held liable for a birth injury?
In New Jersey, a birth injury is considered tortious and may result in legal consequences for those liable. A birth injury may be caused by the negligent act or omission of a medical professional or facility, and those parties may be held accountable in court. A birth injury can arise from improper or inadequate prenatal care, failure to monitor the mother and baby properly during labour, or inappropriate medical treatment. The liable party can include medical professionals such as physicians, midwives, or nurses, and even a hospital or other healthcare facility. Depending on the circumstances, a birth injury may also be caused by medication errors, a delayed or incorrect diagnosis, or negligence during the delivery process. In these cases, the responsible party may include an obstetrician, an anesthesiologist, a radiologist, or any other medical professionals or hospitals involved in the delivery process. When determining who is liable for a birth injury, the severity of the injury must also be assessed. The court will decide if the injury was caused by a medical professional’s negligence or lack of medical skill rather than a natural complication that could not have been prevented. If negligence is determined, the court may award the family damages for medical expenses, lost wages, pain and suffering, to name a few. Injuries sustained during childbirth can have a lifelong effect on the child and the family carrying the burden. A qualified birth injury attorney in New Jersey can assess the evidence and determine the party or parties who should be held liable.
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