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Fact Sheet About Birth Injury

A birth injury can happen in an instant, and have absolutely tragic consequences for your child’s and your family’s future. While some birth injuries – like a minor brachial plexus injury –may heal with time, others will remain with, and impair, a child for life. Perhaps the most tragic aspect of a birth injury is that birth injuries are almost always preventable, and would not occur but for physician or OB GYN negligence. Consider these facts about birth injuries, provided by Medscape:

  • Birth injuries are more common amongst babies who are delivered instrumentally, including the use of forceps and vacuum extractors;
  • Nearly half of all birth injuries are completely preventable with recognition and anticipation of obstetric risk factors; and
  • Significant and fatal birth injuries account for just under two percent of all neonatal deaths and stillbirths in the United States.

When a preventable birth injury occurs, your family deserves to be compensated for all of your losses. The Jersey City, NJ birth injury lawyers at the law firm of Cohen, Placitella & Roth, P.C. will advocate for you every step of the way.

Cohen, Placitella & Roth Attorneys

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 Birth Injuries Caused By Physician Negligence

All babies are unique, and when a birth injury occurs, the type and degree of severity of the birth injury will be unique as well, and is dependent upon a number of factors. Some of the most common types of birth injuries that may occur as a result of physician negligence include:

Cerebral palsy and other brain injuries.

Fetal distress is characterized by a lack of oxygen to the fetus, which in turn – if prolonged – can cause a devastating and permanent brain injury, including cerebral palsy.

Erb’s palsy.

Erb’s palsy is a type of brachial plexus (a collection of nerves near the shoulder) injury that results in injury to the upper nerves. As a result, the upper arm (around the shoulder) may be directly affected, and may experience weakness, paralysis, or limited mobility. The American Academy of Orthopaedic Surgeons estimates that one or two of every 1,000 babies born have Erb’s palsy.

Klumpke’s palsy.

Another type of birth injury and brachial plexus injury is an injury to the lower brachial plexus, known as Klumpke’s palsy. As opposed to Erb’s palsy, a child who suffers from Klumpke’s palsy may retain use of the shoulder, but lose use of or experience weakness of the lower part of the arm and hand.

Bone fractures

When a baby is pulled through the birthing canal and force is exerted on the baby’s body, a bone fracture may occur. Fractures of the clavicle, or collarbone, are especially common.

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Other birth injuries that a child may suffer include cephalohematoma, cranial hemorrhaging, facial paralysis, and spinal cord injuries. At the law firm of Cohen, Placitella & Roth, P.C., our attorneys have experience representing clients who have suffered the above injury types, and will do everything we can to get you the money that you deserve.

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Investigating Birth Injuries Requires Resources

Getting to the bottom of why a birth injury occurred, and whether or not malpractice played a role, is no easy task. When your baby has been injured during birth, you need a law firm on your side who has all of the resources and experience that your case demands.

In order to prove that malpractice occurred, a thorough investigation into what went wrong will be necessary. This may include gather testimony from the at-fault practitioner and any eyewitnesses, such as nurses in the room at the time of the accident. Further, outside medical experts will need to be called upon to provide evidence regarding how the at-fault party violated the New Jersey medical standard of care.


All of the information and evidence that is acquired during a birth injury investigation is highly sensitive, and must be properly gathered, organized, and secured. For this, a team of highly skilled legal secretaries and paralegals is an absolutely necessity.

At the law firm of Cohen, Placitella & Roth, P.C., our Jersey City birth injury lawyers understand how important a thorough investigation is to getting your family the money that you deserve, and we have the financial resources, staff, and connections to ensure a proper investigation.

Take Advantage of our Free Birth Injury Consultation Today.


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127 Maple Avenue
Red Bank, NJ 07701

Phone: (732) 747-9003

Fax: (215) 567-6019

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