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Experienced Birth Injury Attorneys Near You in New Jersey

Welcoming a child into the world should be one of the happiest moments of your life. However, when medical negligence happens during pregnancy, labor, or delivery, the outcome can be tragic. If you or your child has been a victim of a birth injury, we can help you find the answers and justice you deserve.

Our medical malpractice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC, led by Paul M. da Costa, have recovered substantial settlements and verdicts for families impacted by birth injuries in New Jersey. Our compassionate birth injury attorneys provide aggressive legal representation to hold negligent medical providers accountable and secure the financial resources you need now and for the future.

Types of Birth Injuries

A birth injury refers to any harm or trauma suffered before, during, or shortly after delivery. While some birth injuries are minor, others can lead to lifelong disabilities that require extensive medical treatment, therapy, and nursing care.

The most common types of birth injuries that may be caused by medical malpractice include:

Injuries to the baby:

  • Cerebral palsy 
  • Shoulder dystocia (Erb’s palsy)
  • Fractures and bone injuries
  • Facial paralysis
  • Hypoxic-Ischemic Encephalopathy (HIE), which can cause brain damage due to lack of oxygen and blood flow to the brain

Injuries to the mother:

  • Bladder and bowel lacerations during C-Section
  • Uterine rupture
  • Nerve damage
  • Infection
  • Postpartum hemorrhage
  • Seizures or stroke due to preeclampsia or eclampsia

Other forms of medical malpractice involving birth:

  • Wrongful birth – Improper genetic testing or a doctor failing to detect a birth defect that would have led to the parents ending the pregnancy.
  • Negligent pregnancy —  This type of medical negligence  involves failed abortion, pregnancy testing problems, or sterilization.

Our experienced medical malpractice lawyers know how to calculate the full extent of your damages, including past and future medical expenses, future care needs, pain and suffering, and other damages. We work with respected medical experts to prove negligence caused a birth injury.

Causes of Birth Injuries

In many cases, injuries to babies and mothers are a result of preventable medical errors, such as improper use of forceps or vacuum extractors, failure to monitor fetal distress, or mismanagement of high-risk pregnancies. Our experienced birth injury lawyers are well-versed in navigating complex medical records, investigating these types of challenging cases, and fighting for the rights of children with special needs.

If you’ve lost someone you love to a birth injury, a medical malpractice lawyer can evaluate your case and determine whether a wrongful death claim may be a viable course of action for pursing justice and compensation.

How Our New Jersey Birth Injury Attorneys Can Help

When medical malpractice causes a birth injury, families are often left emotionally shattered and may face a significant financial burden. Paul and his team know how sensitive these matters can be and approach every case with compassion and empathy. We’re dedicated to acting as your staunch legal advocates and ensuring your voice is heard.

Our New Jersey birth injury attorneys realize that your experience is extremely personal and emotional, which is why we do everything we can to hold responsible parties accountable and help you feel empowered.

We aren’t afraid to go up against powerful health systems and their insurers. We handle all negotiations on your behalf. If a reasonable settlement can’t be achieved, our birth injury lawyers are seasoned certified civil trial attorneys who fight for you in the courtroom to help you get the full and fair compensation you need and deserve to protect your child’s well-being and financial security.

Why Choose Our Medical Malpractice Attorneys?

Birth injury cases are complex and there are specific requirements and processes for filing a medical malpractice lawsuit in New Jersey. Our experienced birth injury attorneys are familiar with New Jersey courts and are well respected by the legal community. Paul M. da Costa and his team have been recognized by The Best Lawyers in America® as Tier 1 Personal Injury – Plaintiffs and Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. This highly respected peer-review publication named Paul Lawyer of the Year for Personal Injury Litigation – Plaintiffs and Medical Malpractice – Plaintiffs for 2025. 

The National Law Journal selected Paul and his Medical Malpractice team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category. In 2022, Paul was a finalist for New Jersey Law Journal Attorney of the Year.

In 2023, he was selected for the National Law Journal Trailblazers Plaintiff Lawyers. In 2024, he was included on the NJBIZ Law Power 50 list, which recognizes the most influential men and women leading New Jersey’s legal profession. Paul was also chosen for the New Jersey Super Lawyers Top 100 list from 2020 – 2024.

Sarno da Costa D’Aniello Maceri Webb LLC was selected by their peers for inclusion in the Best Lawyers® Best Law Firms Regional Tier 1 – New Jersey, in the areas of:

Whether a birth injury involves the mother or child, we’re dedicated to making things right for families in New Jersey.

Contact a Birth Injury Attorney Near You in New Jersey

At Sarno da Costa D’Aniello Maceri Webb LLC, we understand how overwhelming it is to navigate the aftermath of a birth injury, but you don’t have to face it alone. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown.

Frequently Asked Questions about Birth Injury Cases

How Do I Know if a Birth Injury Was Caused by Medical Negligence?

Although some birth injuries are not the result of medical negligence, if you or your child suffered an injury and you suspect a doctor, hospital, or another healthcare provider failed to provide proper treatment or made a mistake, it’s vital to speak to our birth injury attorneys. We can review your case and determine whether there was a deviation from the standard of care.

How Long Do I Have to File a Birth Injury Claim in New Jersey?

Generally, in New Jersey a medical malpractice lawsuit must be filed within two years of when the injury occurred or was discovered. However, this deadline may be extended for claims involving birth injuries. The sooner you contact a birth injury lawyer, the better the chance of achieving a successful outcome for your case.

How Long Will My Birth Injury Case Take?

The amount of time a medical malpractice case takes varies widely, and depends on many different factors. The complexity of the birth injury, availability of medical records and other evidence, and whether a case goes to trial can have a significant impact on how long it takes to come to a resolution. Our medical malpractice lawyers are skilled negotiators who work to resolve your case as efficiently and effectively as possible.

How Much Does a Birth Injury Attorney Cost?

We offer affordable legal representation  and take cases on a contingency fee basis. This means you won’t incur any up-front costs or pay attorneys’ fees unless we win your case. Our fees and other costs are deducted from any settlement or verdict you receive.