Legal Question in Medical Malpractice in New Jersey
Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
During my wife's pregnancy, the umbilical cord suffocated my daughter. She lost oxygen to the brain for roughly 30 minutes which resulted in CP and brain damage. From speaking to a doctor friend of mine, he indicated to me that an emergency C-section should�ve been performed. He informed me that since my daughter was delivered vaginally, the loss of oxygen could�ve been significantly reduced.
My questions are the following:
What is the statue of limitation for a case like this? She was born prior to 2005, so does that make it 18 years plus 2?
My doctor friend is a Neurologist. Does NJ law require that the expert witness be in the related field of the malpractice? Would I be able to use my friend as an expert witness?
How to we go about obtaining the medical records? If we obtain counseling, does the lawyer obtain this information? And is this the first step that needs to be taken?
Assuming that this proves to be a legitimate malpractice, on a personal level I am more concerned about the consequences that face the doctor, then any monies received. At what point does the doctor get notified that a suit is filed against him, and what ramifications would he receive if he were proven to be at fault?
5 Answers from Attorneys
Re: Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
I am sorry for what happened to you, your wife and your daughter.
While this must be a terrible time for you, if you are considering a lawsuit, you need to consult with an attorney as soon as possible.
Locating experts is the job of the attorney who takes a malpractice case. Your neurologist friend may be a useful resource to help locate an expert, regardless of whether he would be the best person to testify on your behalf.
Your question about counseling is a personal / medical question. If you need counseling to cope with this difficult time, you can and should obtain counseling, regardless of whether you are considering a lawsuit. If you proceed with a lawsuit, your lawyer should be informed of what you are going through.
Your first step should be to speak to an attorney about your options.
I am both a physician and an attorney and would be happy to speak with you.
Re: Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
I am so sorry to hear about this happening. It is a problem that should not occur, but does. You have to act quickly on this. There is a two year stat of limitationson the claim.And, If a State Entity is involved, it may be less. Pleae hire a competent attny. We have a dept that specializes in med. mal claims. You should choose someone asap. It is more an more difficult to handle theses cases as time elapses.
Re: Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
If there were was a prolapsed cord (which may have been evident on fetal monitor tracings) and there was a delay in delivering your baby, you should DEFINITELY have your potential claim investigated. I have handled many similar cases. I invite yout visit my firm's website for more information about myself and my office. I would be happy to speak to you about your possible case to see if I could help in any possible way. Sincerely,
Mike Zerres
Re: Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
as to the rest of your question, the neurologist is probaably not the target. Tehy all get notified when suit is instituted. Ans ewxperts need to generaaly be in the same field, although there are exceptions.This case does not require an enormous amount of experts.
Re: Baby born with Cerebral Palsy and profound Brain Damage due to prolapsed cord
First, under the "Patients First Act" (clearly misnamed), in 2004, the Statute of limitations, NJSA 2A:14-2 was amended for actions involving birth injuries. A case involving an injury at birth needs to be brought PRIOR to the child's 13th birthday. Obviously there is plenty of time here, but you should be aware.
As to an expert, the standard of care on the obstetrical malpractice requires an obstetrical expert. While your friend could certainly testify about the cause of the CP, it might not be advisable since there is an easy accusation of bias. This is a decision that you and the attoreny who would handle the case can make together.
I udnerstand that you are concerned about the implications to the doctor as compared to the money received. However, it is important that your child have the money that she/he needs for her/his special needs.
For a doctor there are limited implications. There are financial ones. Also, there a requirement that successful malpractice claims be reported. This could help forewarn other future patients. You can file a complaint with the Board of Medical Examiners so that they can investigate and perhaps take disciplinary action up to suspension.
The doctor gets notice of the suit when the suit is served upon him. However, when a case is opened, we obtain the recrods and he is advised of the representation at that point, and will have a pretty good inkling that a case may be brought against him.
I strongly suggest that you contact an attorney to discuss these issues at your earliest convenience. If witnesses need to be located, ie nurses in the OR, then the easiest time to do this is close in time to the birth.
We would be happy to assist you if you would like. I can be reached at 1-800-34-NJ-LAW or visit our site at njlawyers.com.
Best wishes. Adam L. Rothenberg - Levinson Axelrod.
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