Pregnancy is a delicate time that requires meticulous healthcare to safeguard the well-being of both the expectant mother and her unborn child. Unfortunately, instances of pregnancy negligence are all too common, where healthcare providers fail to meet the standard of care. These cases can lead to severe injury to the mother or child, emotional trauma, and significant medical expenses.
If you or a loved one has been affected by pregnancy negligence in New Jersey, the law offers legal avenues to seek justice. Our New Jersey pregnancy negligence lawyers will evaluate your claim and file a lawsuit to seek compensation.
At Varcadipane & Pinnisi, P.C., we represent victims of medical malpractice in New Jersey and have impressive success rates. Consult our team today for dedicated legal assistance to seek the justice you deserve.
Pregnancy negligence refers to situations where healthcare providers fail to offer the appropriate care during pregnancy. This may involve overlooking high-risk pregnancies and inadequately managing prenatal conditions.
Pregnancy negligence can lead to serious health issues for both the mother and the unborn child. These may include birth injuries, birth defects, developmental disorders, or even death.
Lack of attention or failure to follow established medical protocols while managing pregnancy can manifest in many forms. The common ways include:
Determining negligence in prenatal care can be particularly challenging, especially due to doctors’ professional qualifications and expertise. Healthcare providers are typically well-trained and experienced, so proving they deviated from the standard of care requires thorough investigation and evidence.
Additionally, medical professionals often work within complex healthcare systems, where multiple individuals may be involved in a patient’s care, further complicating the determination of negligence.
Due to the above challenges, proving how negligence happened often requires input from other medical experts qualified to determine the standard of care and whether it was breached. This process involves detailed analysis of medical records, diagnostic tests, treatment plans, and the overall management of the pregnancy.
Therefore, you need to call your attorney promptly. This allows you to understand your rights and legal options when taking the necessary steps to protect your interests. A NJ pregnancy negligence attorney will advise on how to proceed in relation to securing expert opinions to unearth how negligence happened.
During pregnancy, a series of vital tests and screenings are often recommended by healthcare providers to assess the health of both the mother and the developing fetus. These tests are instrumental in identifying potential risks, genetic conditions, and abnormalities that could impact the pregnancy.
Failure to undertake these checks can lead to serious health issues, putting both the mother and baby at risk. In such cases, healthcare providers may be held accountable for negligence.
So, expectant mothers need to have conversations with their healthcare providers about these tests and understand the advantages of each screening. This way, pregnant women can prioritize their own well-being and that of their babies and ensure a healthy pregnancy journey.
Establishing liability in cases of pregnancy negligence involves proving that the practitioner failed to meet the standard of care expected of him. This standard is typically defined by what other reasonably competent healthcare providers would have done in similar circumstances. Potentially liable parties include:
In pregnancy negligence cases in New Jersey, you must meet the burden of proof to be able to prove liability. You must prove negligence and its causation of damage.
First, you need to prove the healthcare provider breached their duty to practice medicine as careful, skilled, and diligent practitioners would under similar circumstances. This involves demonstrating the standard of care in the community and linking the negligence to the cause of the injury.
Also, medical experts can testify to strengthen your case. For example, if an obstetrician fails to test a pregnant mother whose history reveals hypertension or symptoms of preeclampsia, a medical expert can testify on the standard practices and how testing could have avoided harm to the baby or complications for the mother.
You may need to provide evidence to prove who was liable, such as:
Proving negligence and establishing liability can be complicated, so it’s highly recommendable to engage a medical malpractice attorney who understands NJ laws and how to meet the burden of proof.
In pregnancy negligence cases, establishing medical malpractice involves showing that healthcare providers did not fulfill the demands of the expected standard of care in similar situations. Here are key areas that might suggest a doctor’s negligence during pregnancy:
To pursue a malpractice claim in New Jersey, you need to show that this negligence caused harm or injury, such as the birth of a child with congenital defects or maternal health complications. These injuries often lead to significant damages, including the emotional burden of dealing with the impact, financial burdens from additional medical care, and lost income due to time off work or inability to work.
An attorney will gather and present evidence to prove gaps in the standard of care and that this lapse directly resulted in harm. If you believe you have been a victim of pregnancy negligence, call Varcadipane & Pinnisi, P.C. immediately to explore your options and ensure your rights are protected. Early consultation can also help you understand if you have a valid medical malpractice case.
In New Jersey, if you experienced pregnancy negligence and want to file a lawsuit, you must do so within two years from when the negligence happened or when you found out about it. This time frame gives you two years from the incident or from when you became aware of the negligence to take legal action. However, with birth injury cases, you must file the lawsuit before the injured child’s 13th birthday (N.J.S.A. 2A:14-2).
Since time is of the essence, your attorney will ensure that the legal timeframe for filing a medical malpractice lawsuit related to pregnancy negligence is adhered to in New Jersey. They will help gather all necessary evidence, prepare the case, and submit the lawsuit within the statutory deadline to avoid missing the opportunity to seek legal recourse.
Additionally, NJ pregnancy negligence attorneys will help address any tolling factors in your medical malpractice case. They will identify factors that could impact the timing of filing a lawsuit. For example, situations where the victim was under a legal disability could delay the start of the statute of limitations period.
Handling a pregnancy negligence claim requires a well-thought-out strategy to successfully bring a lawsuit against the negligent medical professionals. This is because medical doctors are highly trained professionals and have the capacity to challenge such claims. Hence, you need to choose an attorney who specializes in medical malpractice.
If you or a loved one has been affected by pregnancy negligence, don’t wait to call Varcadipane & Pinnisi, P.C. Our New Jersey pregnancy negligence attorneys are ready to provide personalized legal support to victims of medical malpractice. We will help evaluate your case to see if it meets the criteria for filing a medical negligence lawsuit.
So, take the first step towards justice and compensation to see that negligent professionals are held accountable. Call us at (201) 588-1500 to request a free case evaluation.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.
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