Premiere Birth Injury Lawyers | PA & NJ Licensed
Compassionate Advocacy for Newborns and Their Families
When a preventable birth injury alters your child’s future, you need legal advocates with both medical-malpractice expertise and a caring approach. At Edelstein Law, LLP, our Pennsylvania- and New Jersey-licensed attorneys partner with leading medical experts to pursue full compensation for medical expenses, future care, pain and suffering, and loss of quality of life.
Understanding Your Rights After a Birth Injury
Birth injuries arise when healthcare providers breach the standard of care during pregnancy, labor, or delivery. To prevail in a medical-malpractice claim, you must show:
Duty of Care: The physician, nurse, or hospital owed a professional duty to mother and child.
Breach of Duty: A deviation from accepted obstetric practices (e.g., failure to monitor fetal distress, improper use of forceps).
Causation: The breach directly caused the newborn’s injury.
Damages: Quantifiable losses, including medical treatment, rehabilitation, assistive devices, and emotional distress.
By thoroughly investigating medical records, consulting with top neonatologists and obstetricians, and reconstructing the labor-delivery timeline, we build compelling cases to hold negligent providers accountable.
Common Types of Birth Injuries
Our legal team handles a wide array of birth injury cases, ensuring that your specific situation is met with the expertise it requires:
Cerebral Palsy: Often resulting from oxygen deprivation (hypoxia) during birth.
Erb’s Palsy & Brachial Plexus Injuries: Nerve damage from shoulder dystocia or excessive traction.
Skull Fractures & Intracranial Hemorrhages: Trauma from improper use of delivery instruments.
Facial Paralysis: Pressure on facial nerves during forceps-assisted delivery.
Clavicle & Long-Bone Fractures: Excessive force during extraction.
Brachial Plexus Disorders: Nerve stretching leading to muscle weakness or paralysis.
Hypoxic-Ischemic Encephalopathy (HIE): Brain injury due to prolonged oxygen loss.
Other Neurological Impairments: Seizure disorders, developmental delays, and learning disabilities.
Pennsylvania & New Jersey Birth Injury Laws
Pre-Suit Requirements & Statutes of Limitations
Pennsylvania:
Certificate of Merit: Must file a medical-expert affidavit within 60 days certifying negligence under the MCARE Act (40 P.S. § 1303.512-A).
Statute of Limitations: 2 years from the date of injury discovery, but no more than 7 years after the event (42 Pa.C.S. § 5524).
New Jersey:
Notice of Claim: For births at public hospitals, 90-day notice required under the Tort Claims Act.
Statute of Limitations: 2 years from date of injury discovery or when the child turns 8, whichever is later (N.J.S. 2A:14-2).
Damage Cap: Non-economic damages capped at $350,000 per healthcare provider, $1.05 million total under the Patient Compensation Act (N.J.S. 2A:53A-7.2).
Educational & Assistance Links
To help you further understand your rights and the legal processes in Pennsylvania and New Jersey, we’ve compiled links to reputable resources:
New Jersey Resources
NJ Department of Health – Maternal & Child Health:
New Jersey Board of Medical Examiners:
Pennsylvania Resources
PA Department of Health – Birth Injury Prevention:
PA Medical Malpractice Information:
New Jersey & Pennsylvania Birth Injury FAQs
-
Answer: Key evidence includes prenatal and delivery records, fetal monitoring strips, expert medical testimony, and hospital staffing logs.
-
Answer: Typically, the child’s parents or legal guardian file a medical-malpractice suit on behalf of the child under state wrongful-injury statutes.
-
Answer: In NJ, the discovery-rule extension allows filing until the child’s 10th birthday in certain cases; in PA, the general statute of repose (7 years) applies.
-
Answer: Compensation may cover past/future medical costs, rehabilitation, assistive devices, lost future earnings, pain and suffering, and special education.
-
Answer: Complex cases often require 12–24 months to complete expert discovery, depositions, and negotiated settlement or trial.
-
Answer: Our dual-state licensure, medical-expert network, and proven track record in high-value birth injury cases ensure your family receives the fullest compensation and compassionate guidance.
Philadelphia Birth Injury Lawyers Helping Families Seeking Justice—Take Action Now
Why Choose Edelstein Law?
Dual-State Expertise: In-depth knowledge of both PA and NJ medical-malpractice laws.
Leading Medical Experts: We retain top neonatologists, obstetricians, and life-care planners to substantiate every claim.
Personalized Advocacy: We tailor strategies to your child’s unique needs and future care requirements.
Track Record of Success: Favorable verdicts and settlements totaling millions in birth injury recoveries.
Compassionate Support: We handle all legal complexities so you can focus on your child’s well-being.
Time is critical to preserve evidence and comply with strict deadlines. Call Edelstein Law, LLP today at (215) 893-9311 or complete our confidential online form for a free, no-obligation consultation. Let our dedicated birth injury lawyers protect your child’s rights and secure the compensation they deserve.
We are here to assess your case and guide you through the legal process. You can call us now to get started on your path to recovery and make sure your rights are protected. Set up a Zoom session or schedule time to come in to speak with our first class team of litigators and support staff. Your fight is our fight.
Edelstein Law, LLP – Compassionate, expert birth injury representation across Pennsylvania and New Jersey.