A birth injury can change the course of a family’s life in a moment. When a child or mother is harmed during pregnancy, labor, or delivery because a provider failed to meet accepted standards of care, the physical, emotional, and financial effects can last for decades. If a doctor, nurse, or hospital caused that harm, New Jersey law may allow your family to pursue compensation through a medical malpractice claim.
Managing attorney Jae E. Lee has spent nearly 30 years representing injured people in New Jersey and has recovered millions of dollars for clients. Jae E. Lee is certified by the Supreme Court of New Jersey, a credential held by only about 3% of the state’s attorneys, and our team serves families in English, Korean, Spanish, Russian, and Ukrainian. Learn more about Jae E. Lee and the firm that stands behind every birth injury case we take.
⚠ Time-Sensitive: New Jersey Law Limits Your Window to File
Birth injury malpractice claims in New Jersey generally must be filed before the child’s 13th birthday.
Claims for a mother’s own injuries usually follow the standard 2-year deadline. Jae Lee Law brings nearly 30 years of experience, is proactive rather than just responsive, and is prepared to take a case to trial if a settlement offer is inadequate. You pay nothing unless we recover compensation for you.
What Is a Birth Injury Caused by Medical Malpractice?
A birth injury is physical harm to a baby or mother that occurs before, during, or shortly after delivery. It becomes a medical malpractice case when the harm results from a provider’s failure to act as a reasonably careful professional would in the same situation. Not every complication is preventable, and not every poor outcome is negligence. The legal question is whether the care fell below accepted medical standards and whether that failure caused the injury.
Obstetricians, nurses, midwives, anesthesiologists, and neonatal staff are expected to monitor risk factors, read warning signs, and act quickly when a pregnancy or delivery becomes high-risk. When warning signs in fetal heart tracings, ultrasounds, lab results, or maternal history are missed or ignored, the consequences for a newborn can be severe.
Common Causes of Birth Injuries During Pregnancy, Labor, and Delivery
Delayed or Missed Cesarean Section
When fetal distress, a prolapsed umbilical cord, or a stalled labor calls for a prompt C-section, delay can starve a baby’s brain of oxygen.
Failure to Monitor the Baby
Fetal heart rate patterns signal distress. Misreading them, or failing to watch them closely, can allow an avoidable injury to develop.
Improper Use of Forceps or Vacuum
Excessive force or poor technique during an assisted delivery can injure a baby’s head, nerves, or skull.
Mismanaged Shoulder Dystocia
When a baby’s shoulder becomes stuck, using too much traction can damage the nerves of the shoulder and arm.
Untreated Maternal Conditions
Preeclampsia, gestational diabetes, and infections require timely treatment. Failing to diagnose or manage them can endanger both mother and child.
Errors in Newborn Care
Missed infections, untreated jaundice, and delayed resuscitation in the first hours of life can cause lasting harm.
Types of Birth Injuries We Handle
Jae Lee Law represents families whose children or mothers suffered harm during pregnancy, labor, or delivery. The injuries we see most often include:
- Cerebral palsy linked to oxygen deprivation or delayed delivery, which can affect movement, posture, and development for life
- Hypoxic-ischemic encephalopathy (HIE), a brain injury caused by a lack of oxygen and blood flow near the time of birth
- Brachial plexus injuries, including Erb’s palsy, which affect the nerves that control the shoulder, arm, and hand
- Shoulder dystocia injuries, including nerve damage and fractures
- Skull and bone fractures sustained during delivery
- Facial nerve damage from pressure or instruments during delivery
- Kernicterus, brain damage that can follow severely elevated bilirubin that was not treated in time
- Maternal injuries, such as uncontrolled hemorrhage, uterine rupture, and infections that were missed or mismanaged
If your child has a condition not listed here, call us. Many families do not learn the cause of a developmental delay until months or years after birth, and a careful review of the records can provide answers.
Who May Be Responsible for a Birth Injury?
Responsibility depends on what went wrong and who was in charge of the care at that moment. Depending on the facts, a claim may be brought against the obstetrician or midwife, labor and delivery nurses, an anesthesiologist, neonatal or pediatric staff, and the hospital or practice group that employed or credentialed them. Our attorneys examine the full chain of care, from prenatal visits through the first days of life, so that every party who may have contributed to the harm is identified. If the facility involved is a public hospital, special notice deadlines may apply that are much shorter than the filing deadline, which is another reason to call early.
How a Birth Injury Claim Works in New Jersey
Free Case Review
You tell us what happened. We gather prenatal, delivery, and newborn records and review the timeline.
Medical Review
We consult qualified medical professionals in obstetrics, neonatology, and related fields to evaluate the standard of care.
Affidavit of Merit
A licensed physician provides the sworn statement New Jersey requires before a malpractice case can move forward.
Filing and Discovery
We file the complaint, obtain full records, take depositions, and build the proof of liability and damages.
Settlement or Trial
We negotiate for fair compensation and are prepared to go to trial if the offers on the table are inadequate.
If you believe negligence contributed to your child’s injury, the deadline to act is shorter than most families expect. Call for a free, confidential case review.
Compensation Available in Birth Injury Cases
A birth injury can require care for a lifetime, so the damages in these cases can be significant. Every case is different, and the categories below describe what may be recoverable rather than a promise of any result. Review our case results to see the types of matters Jae Lee Law has handled.
| Type of Compensation | What It May Cover |
|---|---|
| Medical Expenses | Past and future hospital care, surgeries, medication, therapy, and visits with treating physicians. |
| Ongoing Care and Equipment | Home nursing, adaptive equipment, home modifications, and long-term life care needs. |
| Special Education and Therapy | Physical, occupational, and speech therapy, plus educational support the child may need. |
| Lost Earning Capacity | Income a child may be unable to earn as an adult, and wages parents lose while providing care. |
| Pain, Suffering, and Loss of Enjoyment of Life | The physical and emotional impact of the injury on the child and, where applicable, the mother. |
| Wrongful Death Damages | Funeral costs, loss of support, and loss of companionship when an error results in a death. |
Compensation depends on the facts of each case, the extent of the injury, and the available proof. Past outcomes do not predict future results.
Statute of Limitations for Birth Injury Claims in New Jersey
Filing Deadline
Before the Child’s 13th Birthday
Under a 2004 amendment to New Jersey’s statute of limitations (P.L. 2004, c. 17), a medical malpractice action for injuries sustained at birth must be commenced before the minor’s 13th birthday. If a parent or guardian has not filed by the 12th birthday, the child or a designated adult may petition the court to appoint a guardian ad litem.
Other claims follow different clocks. A mother’s claim for her own injuries and many wrongful death claims are generally subject to the standard two-year personal injury deadline, which New Jersey’s discovery rule may extend when the harm was not apparent right away. The Affidavit of Merit has its own short deadline once the case is filed. Missing any of these deadlines can permanently bar recovery, no matter how strong the claim is, so do not wait for a diagnosis to be final before speaking with an attorney.
Why Families Choose Jae Lee Law
Nearly 30 Years
Representing injured people across New Jersey
5 Languages
English, Korean, Spanish, Russian, and Ukrainian
Fewer Than 3%
Of NJ attorneys hold Supreme Court certification
Birth injury cases are won on preparation. We investigate thoroughly, work with qualified medical consultants, and build each claim as if it will be tried in front of a jury. We stay in touch with families throughout the process and handle the legal burden so you can focus on your child. Meet the full Jae Lee Law legal team to see who will be working on your case. Our firm also represents families in related matters, including wrongful death claims arising from medical negligence.
