Damages for Pain and Suffering from a Birth Injury in NJ
Giving birth to a child is supposed to be the happiest day in a family’s life. This is supposed to be the day that your family becomes whole, and it is supposed to be a wonderful and wondrous occasion. Unfortunately, there are situations where this incredible day is ruined by a birth injury or a medical mistake. In these cases, the physical damage can almost be surpassed by the emotional damage caused by this unfortunate incident.
Birth injuries can affect either the newborn or the mother, or even both in truly terrible situations. Sometimes, these things happen because of a freakish natural quirk — but other times, these things happen because a doctor, nurse, or other medical professional failed to do his or her job.
In these situations, the affected family needs to consider their legal options and prepare for any potential recourse that they might have. There are many elements to a delivery room procedure, and if the medical professionals involved botched any part of this delicate process, they can be held accountable in the wake of a birth injury. From a lack of oxygen and fetal distress, to a failure to detect or identify birth defects, to delays in calling for a C-section, there are many ways that medical professionals can err during delivery, causing potentially irreparable harm to the mother, the child, or both. In the worst case scenario, undetected complications of preeclampsia or another condition can even lead to wrongful death.
Regardless of the situation, individuals who suffer birth injuries resulting from negligence on the part of a doctor or other medical professional or facility in New Jersey, may have the right to pursue compensation for the physical and emotional costs of their injuries. The emotional toll of a birth injury can absolutely rival the physically negative effects, both of which may entitle you to damages for pain and suffering. If you have questions about filing a potential lawsuit for birth injury damages in New Jersey, please feel free to contact our lawyers anytime to discuss your case. You can reach us online or by calling 973-435-4551 to receive a free consultation.
Physical Pain and Emotional Suffering Caused by Birth Injuries in New Jersey
Compensation for a birth injury may be awarded to the plaintiff, meaning the person who brings the claim against the defendant or defendants, for what is known as pain and suffering. In New Jersey, the term pain and suffering encompasses both the physical and emotional effects of an injury. In other words, the mental distress of a birth injury can be included in the total damages amount, as can permanent disability, suffering, pain, loss of ability to enjoy one’s life, and impairment of physical or cognitive function.
Physical pain from birth injury is rather self-explanatory, referring to the actual physical harm that a person experiences as a result of an injury. For instance, a child born with a brachial plexus injury may experience physical pain as a result of the injury. And the consequences of such pain apply in both the near and long-term. Further complications resulting in pain from a brachial plexus injury, such as nerve damage associated with Erb’s Palsy, will also factor into the assessment of pain in a birth injury case. Beyond the physical adverse results of being injured before, during, or soon after birth, there are also emotional and mental forms of pain and suffering. For example, the emotional distress caused by a birth injury can be accounted for, as can depression, mood swings, mental anguish, feelings of dread, and other highly detrimental emotions.
When determining the amount of compensation to be awarded for pain and suffering after a birth injury, the jury is not limited to any specific amount in New Jersey. Essentially, New Jersey does not place a limit on pain and suffering damages that may be given to a child or a mother who experiences harm during childbirth. In many cases, damages awards are particularly high when a child has suffered a birth injury, as the court considers the extent to which the child will be forced to bear the burden of their injury’s negative effects for the remainder of their life.
There are numerous factors that come into play when determining the specific compensatory damages in a birth injury case. Specifically, the jury must consider the extent of the injury’s effects on the victim’s life, the personal and professional consequences of the injuries on the victim, the extent of the damage to the emotional and mental state caused by the injuries, how much the victim’s lifestyle has been and will continue to be impacted by their injuries, and the long-term repercussions of the victim’s injuries.
Notice that the emotional harm, mental suffering, and otherwise negative impacts of birth injuries on the victim’s mental state are important factors for consideration. This often requires consideration of the individual’s ability to conduct activities of daily life, their overall lifestyle, their ability to sleep, care for themselves, engage in recreational activities, and other important contributors to a person’s wellbeing.
Want to Pursue Compensation for a Birth Injury in NJ?
If you are considering legal action to pursue compensation for a birth injury in New Jersey, you need to obtain counsel from an experienced and knowledgeable birth injury lawyer. Fronzuto Law Group can provide you with the legal support and dedicated representation you need to proceed with your claim. Our attorneys have extensive experience handling birth injury claims on behalf of children and mothers who suffer injuries as a result of medical negligence. We represent clients statewide, including in Bergen County, Morris County, Passaic County, Essex County, Monmouth County, Hudson County, and Ocean County. Our firm provides free consultations, in-person appointments, and immediate assistance over the phone. We are here to answer your questions anytime, so simply call 973-435-4551 to learn more.
