The birth of a child should be a joyful event—but when complications occur during delivery, that joy can quickly be replaced by worry and confusion. One serious complication that can arise during childbirth is a brachial plexus injury, a type of nerve damage that may result in long-term impairment of a child’s arm or hand.
At Fronzuto Law Group, Ernest P. Fronzuto, Esq. has spent over two decades advocating for families across New Jersey whose children have suffered significant birth injuries. With a focused approach to complex pediatric and birth-related medical malpractice cases, Mr. Fronzuto and his team provide compassionate, strategic legal representation for families navigating these painful circumstances.
If your child was diagnosed with a brachial plexus injury shortly after birth, you may be wondering: Could this have been prevented? Did a doctor’s mistake cause this? Do I have the right to pursue legal action? These are difficult, yet essential, questions—and our goal is to help you find answers.
What Is a Brachial Plexus Injury?
The brachial plexus is a network of nerves located near the neck and shoulder that controls movement and sensation in the arm, hand, and fingers. During childbirth (particularly in difficult deliveries or when a baby’s shoulders become lodged behind the pelvic bone) these nerves can be stretched, compressed, or torn due to medical mishandling.
Parents may first notice a problem if their baby doesn’t move one arm, has a weak grip, or seems in pain when the arm is touched. The affected limb may appear limp, and the baby might struggle with feeding or lifting their head. These symptoms can interfere with early bonding and development, leaving families feeling uncertain and afraid.
Could This Have Been Prevented?
In many cases, yes. While some birth injuries are unpreventable, brachial plexus damage can often be avoided when medical providers take appropriate precautions during labor and delivery.
Doctors and delivery teams are trained to identify risk factors for complications like shoulder dystocia, such as:
- Large baby size (macrosomia)
- Maternal diabetes
- Prolonged or difficult labor
- Breech position
If these warning signs are present, it’s critical for the medical team to act quickly and carefully—whether that means performing a timely C-section, using delivery tools like forceps safely, or following proper delivery techniques. When they don’t, the result may be a preventable injury and grounds for a malpractice claim.
Can You Sue for a Brachial Plexus Injury in NJ?
Yes, in New Jersey, parents may be able to file a medical malpractice lawsuit if their child’s brachial plexus injury was caused by negligent medical care.
To succeed in a claim, your legal team must show that:
- A doctor-patient relationship existed
- The provider failed to meet the accepted standard of care
- This failure caused the brachial plexus injury
- The injury led to damages, such as physical harm, medical expenses, and emotional impact
Fronzuto Law Group has extensive experience building strong cases for families across New Jersey by analyzing medical records, consulting with pediatric and obstetric experts, and uncovering where providers deviated from proper care.
How Long Do You Have to File?
New Jersey’s statute of limitations for medical malpractice claims is generally two years from the date of the injury. When the injured party is a minor, the law provides more time (typically until the child’s 13th birthday) to file a claim.
That said, early legal action is critical. Acting quickly allows your legal team to gather fresh evidence, secure medical records, and build a strong case while the details are still clear. Don’t wait to seek guidance if you suspect negligence.
How Do I Know If My Child’s Injury Was Caused by Negligence?
Many parents hesitate to contact a lawyer because they aren’t sure if a doctor actually did something wrong. That’s understandable—medical professionals may not offer clear explanations, and it can be hard to know whether what happened was a mistake or a known risk.
That’s why it’s so important to speak with an attorney who focuses on birth injury cases. At Fronzuto Law Group, we can investigate your child’s medical records, consult with qualified experts, and determine whether the injury could (and should) have been prevented. Even if you’re unsure, we encourage you to reach out. It costs nothing to have your questions answered.
What Compensation Can Be Recovered?
If a brachial plexus injury was the result of medical negligence, your family may be entitled to compensation for:
- Medical expenses (past and ongoing)
- Physical and occupational therapy
- Surgical intervention, if needed
- Special education or assistive services
- Loss of earning capacity later in life
- Pain and suffering
In addition to these financial burdens, many families also face emotional and psychological distress. Parents often carry guilt, grief, or frustration when their child’s birth does not go as planned. A legal claim helps acknowledge those losses and gives families the tools to plan for their child’s future with confidence.
Why Choose Fronzuto Law Group
Led by Ernest P. Fronzuto, Esq., our firm has earned national recognition for handling complex birth injury and pediatric malpractice cases. We focus exclusively on serious injury litigation and have represented countless New Jersey families whose children have been permanently impacted by medical negligence.
What sets us apart is not only our litigation experience, but our personal commitment to each client. We treat every case with care, integrity, and attention—because we know your child’s life is at the heart of everything we do.
Was Your Child Injured at Birth? Fronzuto Law Group Offers Legal Guidance for NJ Families
If your child suffered a brachial plexus injury during birth and you suspect medical negligence played a role, don’t hesitate to explore your legal options. Fronzuto Law Group is here to guide you through this process with clarity, compassion, and commitment.
We proudly serve families throughout New Jersey, including communities in Passaic County, Bergen County, Essex County, Hudson County, Morris County, and Union County. Whether you’re in Woodland Park, Newark, Hackensack, Jersey City, Clifton, or Morristown, we’re ready to listen.
Contact Fronzuto Law Group today for a confidential consultation. We're here to answer your questions and help you take the next step toward protecting your child's future.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is different, and you should consult a qualified attorney to discuss your specific legal situation. For personalized guidance, please contact Fronzuto Law Group directly.