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Fact Sheet About Birth Injury

An injury to an infant that is caused during the gestation or birthing process is referred to as birth trauma, or as a birth injury. Many of these injuries happen due to physical forces – such as compression or traction during birth – but some occur due to unforeseen events, like placental abruption or fetal hypoxia. Birth Trauma, published in Medscape, provides the following facts about birth injuries:

  • An infant is more at risk for sustaining an injury during birth if they are larger than normal, especially those weighing more than 4500 kg;
  • The use of instrumental deliveries during the birthing process, like forceps and vacuum extractors, increases the risk of birth injury;
  • Birth injuries occur at a rate of between six and eight injuries per 1,000 live births.

Giving birth to a baby who is harmed during the process can be devastating and scary – you may not know what to do next. Working with an experienced Elizabeth, NJ birth injury attorney can provide you with the information you need to recover damages.

Cohen, Placitella & Roth Partners

Christopher M. Placitella

Christopher M. Placitella

Mr. Placitella has developed an award-winning reputation for his commitment...

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Stewart L. Cohen

Stewart L. Cohen

Whether in the courtroom or the community, Stewart L. Cohen...

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Harry M. Roth

Harry M. Roth

Mr. Roth also represents individuals, government entities, and companies seeking...

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Common Types of Injuries Caused By Preventable Birth Trauma

While a baby’s weight certainly poses a risk in terms of likelihood of a birth injury occurring, the real problem is in regards to obstetrician negligence; too often, birth injuries would not occur if a doctor exercised a greater degree of care. Some of the most common birth injuries include:

Brachial plexus injuries

The brachial plexus is a collection of nerves that is found in the shoulder. An injury to this nerve group can result in weakness and paralysis in myriad parts of the arm, ranging from the shoulder and upper arm all the way down to the fingers, depending upon point and severity of injury.

Spinal cord injury

A spinal cord injury may result during delivery from excessive traction or rotation. Just like in full grown adults, a spinal cord injury can have devastating consequences, resulting in irreversible paralysis, or even loss of life.

Traumatic brain injury.

An infant may incur a traumatic brain injury if the head is impacted during birth, or if oxygen supply to the brain – the more common cause of infant TBIs – is prolonged. If a fetus who is being deprived of oxygen does not receive immediate care, often in the form of delivery via cesarean section, they may suffer from permanent brain damage.

Traumatic brain injuries

In some cases, a baby may suffer a traumatic brain injury as a result of an error during the gestation or birthing process. For example, if a fetus is in distress, it may be deprived of oxygen, known as intrauterine asphyxia. If the prolonged deprivation of oxygen occurs – usually as a result of a physician’s failure to take quick action – brain trauma may occur.

Cesarean section injuries

Sometimes, a cesarean section is negligently performed, resulting in infant harm. This might include delaying a c-section, anesthesia injuries, fetal lacerations, and infections.

Contact Our Law Firm to Handle Your Elizabeth Birth Injury Case Today.

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If your baby has suffered one of the birth injuries above, or another type of birth trauma not included on this list, you need legal help. At the law firm of Cohen, Placitella & Roth, P.C., our Elizabeth birth injury attorneys have experience representing the parents of children with birth injuries in the past, and can help you to understand your rights.

Investigating Birth Injuries Requires Resources

Proving that your baby suffered a birth injury that would not have occurred but for physician negligence can be challenging to do, and you can almost count on the physician arguing that the birth injury was not preventable. You need a law firm with the resources and connections to conduct a proper investigation.

Medical experts and doctors will play a vital role in your investigation. They will be responsible for investigating the cause of birth injury and the potential short-term and long-term consequences of that birth injury. Medical experts will also need to testify that the birth injury was in fact caused by an act of malpractice, and was preventable if but for that negligence.


In addition to medical experts, a large and professional staff will be necessary for the gathering and organization of important documents and medical records. This sensitive information will need to be properly handled, stored, and organized.

At the law firm of Cohen, Placitella & Roth, P.C., our team has the finances necessary to pay for these upfront costs and conduct a proper investigation. We will never ask you to handle these fees on your own.


Cohen, Placitella & Roth, P.C. offers a FREE CONSULTATION.

Contact us today to discuss how we can help

Red Bank

127 Maple Avenue
Red Bank, NJ 07701

Phone: (732) 747-9003

Fax: (215) 567-6019

Over 40 Years of Outstanding Results and Hundreds of Millions Recovered for Our Birth Injury Victims and Others

We have more than four decades’ worth of experience representing victims of birth injuries, medical malpractice, and other personal injuries. We have been nationally recognized as some of the top trial lawyers in the country, amongst other notable awards.

$14.5 Million

Recovering $14.5 million after a child suffered brain damage due to a physician’s negligence during post-operative care.

$3 million

Recovering $3 million on the behalf of a woman who suffered a stroke because healthcare professionals failed to diagnose her condition properly;

$7.5 million

Recovering $7.5 million on the behalf of a newborn and family. The newborn suffered from cerebral palsy due to medical negligence; and

$3.25 million

Recovering $3.25 million on the behalf of a patient who suffered blindness as a result of an anesthesia error.

While results in prior cases do not guarantee similar results in your case the following listing of recent case victories should hopefully provide you with the assurance that we are experienced and know how to get you the compensation you deserve.

Contact us for your consultation (215) 567-3500

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