New Jersey Birth Defect Lawyer

Birth Defect Attorneys

Giving birth to a child is supposed to be one of the most joyous moments of a parent’s life. However, when a birth defect occurs, it can turn that moment into one filled with confusion and heartache. In some cases, these defects may have been preventable or caused by medical negligence. If your family has been affected by a birth defect in New Jersey, you need to take steps to understand your legal rights and options.

Handling birth defect cases requires precise legal knowledge. The birth defect lawyers at Varcadipane & Pinnisi, P.C. have been helping victims of medical negligence and have achieved significant settlements. If this is your case, you need to engage a lawyer immediately. They will assess your case and determine if you have grounds to sue for damages. Our team provides compassionate legal counsel to families in New Jersey, ensuring they receive the support and guidance needed to seek justice.

Table Of Content

• What’s Considered a Birth Defect?
• What’s the Difference Between Birth Injury and Birth Defect?
• Most Common Birth Defects
• Can Birth Defects Happen Because of Drugs During Pregnancy?
• Why Filing a Birth Defect Lawsuit?
• Who Can Be Responsible for a Birth Defect in New Jersey?
• What a New Jersey Birth Defect Lawyer Can Do for Me?
• Consult a NJ Birth Defect Attorney Now

What’s Considered a Birth Defect?

A birth defect is a physical or developmental condition that is present at birth. These conditions can range from mild to severe and can affect various parts of the body, such as the heart, brain, limbs, or internal organs.

Birth defects can be referred to as congenital anomalies, congenital abnormalities, congenital malformation, or congenital disorders. In most cases, these abnormalities are identified either during pregnancy, at the time of birth, or in early childhood.

Birth defects can vary in severity, with some minor and others major. While the exact cause of most birth defects is unknown, certain factors, such as medical negligence, may elevate the risk of congenital disorders.

What’s the Difference Between Birth Injury and Birth Defect?

When dealing with birth-related issues, it is sometimes hard to distinguish between birth injuries and birth defects. However, there is a difference in how and when each condition develops.

Birth injuries typically occur due to trauma during the birthing process, leading to physical harm that may go unnoticed until developmental milestones are missed. On the other hand, birth defects manifest while the child is in the womb, often during the early stages of pregnancy, and are usually detected before or immediately after birth.

Another disparity between birth injuries and birth defects lies in their causation. While birth injuries result from trauma during birth, birth defects exclusively develop when the child is in. Most birth defects arise within the first trimester when organ formation begins, but they can also emerge later in pregnancy.

Unlike birth injuries, the causes of birth defects are often unknown, with genetic and environmental factors playing a significant role in their occurrence.

Parents can take proactive steps to reduce the risk of birth defects by potentially:

• Attending prenatal checkups
• Avoiding harmful substances like alcohol and smoking
• Ensuring medication safety during pregnancy
• Following immunization recommendations
• Taking folic acid supplements as advised

Early detection and intervention are vital in addressing both birth injuries and birth defects, as timely medical attention can significantly impact the outcomes for affected children and families.

Note that both defects and birth injuries can occur due to the doctor’s negligence. In such cases, a medical malpractice lawyer is needed to establish the facts of the case and help link the injury with the malpractice.

Most Common Birth Defects

Birth defects are classified into either structural or functional. Each category involves a variety of conditions that can impact a child’s development and health.

Structural Birth Defects

Structural birth defects involve physical abnormalities in the body parts. These defects occur when a part of the body does not form correctly during fetal development.

Examples of structural birth defects include:

Congenital heart defects

Abnormalities in the heart’s structure, such as holes in the heart walls (septal defects), underdeveloped heart chambers, or issues with the heart valves. Examples include:

• Atrial septal defect (ASD)
• Ventricular septal defect (VSD)
• Tetralogy of Fallot

Cleft lip and palate

A condition where a baby’s lip or mouth does not form properly, resulting in an opening or split in the lip and/or roof of the mouth.

Spina bifida

A neural tube defect where the spine and spinal cord do not form properly, potentially leading to physical and neurological impairments.

Clubfoot

A condition in which a baby’s foot is twisted out of shape or position.

Gastroschisis

A defect in the abdominal wall where the intestines and sometimes other organs are outside of the baby’s body at birth.

Polydactyly

Extra fingers or toes.

Functional Birth Defects

These birth defects affect how a body system works. They can involve problems with the brain, nervous system, or other organs, leading to issues with intellectual development, growth, and bodily functions.

Examples of functional birth defects include:

• Down syndrome. A genetic disorder caused by an extra chromosome 21 leading to intellectual disability and physical abnormalities.
• Cystic fibrosis. A genetic disorder affecting the respiratory and digestive systems, characterized by thick, sticky mucus production.
• Sickle cell disease. A group of inherited red blood cell disorders that cause abnormal hemoglobin, leading to chronic pain, infections, and other complications.
• Fragile X syndrome. A genetic condition causing intellectual disability, behavioral and learning challenges, and various physical characteristics.
• Phenylketonuria (PKU). A metabolic disorder in which the body cannot break down the amino acid phenylalanine, leading to intellectual disabilities if untreated.
• Congenital hypothyroidism. A condition where the thyroid gland does not produce enough thyroid hormones, affecting growth and brain development.

Some birth defects can have both structural and functional components. For instance, down syndrome typically includes both structural aspects, such as distinctive facial features, and functional aspects, such as intellectual disability. It’s important to bear in mind that both structural and functional defects have a significant impact on children and their families.

Can Birth Defects Happen Because of Drugs During Pregnancy?

Birth defects can indeed occur as a result of exposure to certain drugs and medications during pregnancy. This phenomenon is known as teratogenicity, where substances called teratogens cause abnormalities in a developing fetus. Approximately, 2-3% of birth defects are attributed to drug usage.

The risk depends on various factors, including the type of medication, the dosage, the timing of exposure during pregnancy, and individual maternal and fetal susceptibility.

Types of medications that can cause birth defects include:

• Antiepileptic drugs (AEDs). Medications such as valproic acid and phenytoin, used to treat epilepsy, have been associated with an increased risk of birth defects, including neural tube defects and congenital heart defects.
• Accutane (isotretinoin). Used for severe acne, this drug is highly teratogenic and can cause severe birth defects such as craniofacial abnormalities, heart defects, and central nervous system issues.
• Warfarin. A blood thinner, especially in the first trimester, can lead to a range of birth defects, including skeletal abnormalities and central nervous system issues.
• ACE inhibitors. Used to treat high blood pressure, these can cause kidney problems, skeletal deformities, and other serious conditions if taken during pregnancy.
• Nonsteroidal anti-inflammatory drugs (NSAIDs). Some, like ibuprofen and aspirin, can lead to complications if taken in the third trimester, such as premature closure of a fetal heart structure (ductus arteriosus).
• Cold and allergy medications. Some contain ingredients that may not be safe during pregnancy, so it’s crucial to consult with a healthcare provider.
• Herbal supplements and non-pharmaceutical substances. Some herbs can be teratogenic, and the safety of many supplements has not been well-studied in pregnant women.

The likelihood of a birth defect occurring in any baby is approximately four percent, regardless of the conditions during pregnancy. This implies that even if a woman refrains from drug use during pregnancy, there is still a chance of having a baby with a birth defect.

Why Filing a Birth Defect Lawsuit?

Filing a birth defect lawsuit can offer families both practical and legal remedies. Firstly, birth defects often require extensive medical care, including surgeries, medications, ongoing treatments, and specialized therapies. A lawsuit can help cover these expenses as it provides the family with relief by alleviating the financial strain.

Also, if a parent needs to take time off work or leave their job to care for a child with special needs, a lawsuit can seek compensation for lost wages and reduced earning capacity.

For many families, pursuing legal action provides a sense of closure and validation. This affirms that their child’s condition was not due to natural causes alone but potentially preventable actions or negligence.

Birth defect cases can be highly challenging as they involve bringing charges against qualified medical professionals. Families in New Jersey facing such challenges may benefit from the guidance of an attorney experienced in birth defect cases who will help them know their rights, prove negligence that caused birth defects, and increase their chances of achieving a favorable resolution.

Who Can Be Responsible for a Birth Defect in New Jersey?

In New Jersey birth defect malpractice cases, doctors are majorly the ones to blame for birth defects due to actions or omissions that constitute medical malpractice. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. In the context of NJ birth defects, this may include:

• Inappropriate prescribing: If a doctor prescribes a medication known to be harmful during pregnancy without adequate warning or alternatives, and it results in a birth defect, they may be liable.
• Failure to monitor: Not properly monitoring the effects of prescribed medication on the mother and fetus can lead to preventable harm.
• Neglecting diagnostic testing: If a doctor fails to order or interpret necessary tests that could detect conditions affecting fetal development, and this oversight leads to a birth defect, it may be considered malpractice.
• Misdiagnosis: Incorrectly diagnosing a condition or ignoring signs of potential issues can contribute to harmful outcomes for the baby.
• Errors in delivery: Using forceps, vacuum extractors, or other delivery aids incorrectly can cause physical trauma to the baby, leading to birth defects such as brachial plexus injuries or cranial deformities.
• Failure to follow protocols: Not adhering to proper procedures for the use of medical devices during childbirth can result in harm.
• Inadequate prenatal care: Failing to provide proper prenatal care, including guidance on nutrition, lifestyle, and managing pre-existing conditions, can contribute to birth defects. Also, doctors can bear the liability for birth defects occasioned by not addressing known risk factors or providing necessary interventions during pregnancy.

Your New Jersey birth defect lawyer must demonstrate that the doctor’s actions fell below the standard of care expected in similar circumstances. This involves showing that another competent doctor would have acted differently in handling similar circumstances.

What a New Jersey Birth Defect Lawyer Can Do for Me?

A birth defect attorney in New Jersey is skilled in handling cases where birth defects may be linked to medical malpractice, defective drugs, or other causes. These defects present various issues that may necessitate legal action to pursue justice. In fact, around 240,000 newborns die in less than a month of birth annually due to birth defects.

When such issues occur due to a doctor’s negligence, an attorney can help you in various ways:

• Investigate the case: A lawyer will gather evidence, consult with medical experts, and determine whether negligence or defective drugs played a role in the birth defect.
• File a lawsuit: A birth defect attorney in New Jersey will help initiate legal proceedings against responsible parties. Notably, he will observe the filing deadlines as well as the stipulated procedure for filing medical negligence lawsuits in New Jersey.
• Seek compensation: Birth defects may lead to complications such as disabilities. An attorney handling your case will pursue financial compensation for all the related costs of managing the defect.
• Provide legal guidance: Importantly, your New Jersey birth defect lawyer will advise you based on their professional evaluation of the case and support you throughout the legal process. Basically, they will employ their resources to help protect your rights and ensure that your case is effectively presented.

Consult a NJ Birth Defect Attorney Now

If you suspect that your child’s birth defect may be linked to medical negligence or a defective drug, you need to take quick steps to get to the bottom of the matter. A New Jersey birth defect attorney from Varcadipane & Pinnisi, P.C. can evaluate your case, discuss potential legal strategies, and help you understand your rights and options.

We have over four decades of combined experience and have recorded a high win rate in recovering damages for our injured clients. Note that these cases have strict time frames for filing a lawsuit; therefore, you should consult your lawyer right away. Contact us today online or call 201-588-1500 for a free consultation.

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