Raising A Child With A Birth Injury

Learning that your child was injured during childbirth or born with serious disabilities is devastating news. It tempers the immediate joy. It forever alters the future. And it means decades of financial and emotional hardships.

The legal team at Ginsberg & O'Connor, P.C., can help. We are attuned to the realities that parents face in raising a child who has a birth injury or birth defect. We help families hold negligent medical providers accountable for the considerable and lifelong costs of caring for a child with special needs.

The High Cost Of Special Care

Our Mount Laurel attorneys have handled medical malpractice for more than 25 years, including numerous birth injury cases. We have recovered compensation for nerve damage to the arm/hand (Erb's palsy) due to errors in delivery. We have also won compensation for children who developed cerebral palsy or other brain damage due to oxygen deprivation during labor and delivery.

From experience, we know that the medical care and other costs that parents incur commonly exceed $1 million over a lifetime. We work closely with families, medical experts, life care planners and other professionals to project those ongoing expenses and future needs, such as:

  • Corrective surgery (sometimes multiple surgeries as the child grows)
  • Physical therapy to improve strength and mobility
  • Occupational therapy to learn basic self-care skills
  • Medical equipment (wheelchairs, lifts, orthopedic braces, modified vehicles)
  • Medications such as anti-seizure drugs
  • Paraprofessionals to provide assisted care or 24-hour nursing care
  • Mental health services to deal with depression or destructive behaviors

As appropriate, damages in a birth injury lawsuit may also include compensation for disfigurement, pain and suffering, and diminished quality of life. In some cases, parents can also be compensated for their emotional distress.

The Importance Of Qualified Legal Counsel

Insurance companies rely on past settlements and actuarial tables to suggest damages. We rely on the realities your family is dealing with and the future needs anticipated in a thoroughly prepared life care plan. The defense will attempt to undermine full compensation by questioning each element of damages or by offering a low sum of money.

This assumes that the doctor or hospital acknowledges responsibility or offers any settlement. Medical malpractice cases are more likely than other injury claims to go to trial. Our experienced trial lawyers are prepared to take the case all the way to a jury if necessary to obtain full compensation for the lifelong aftermath of your baby's injury.

We also help clients structure the proceeds to ensure that the money covers the child's medical treatment and related care well into the future. Many families also create special-needs trusts to ensure that their children continue to receive services and income after age 18.

Call our Mount Laurel offices toll free at 800-598-3944 or contact us online for a free initial consultation with our birth injury lawyers. We represent clients throughout New Jersey.