Birth Fracture Lawyers in New Jersey

Types of Birth Fractures & Questions for the Medical Team

Birth-related fractures can involve the clavicle, humerus, skull, femur, or a growth plate. A growth plate is an area of developing tissue near the end of a child’s bone. Signs, treatment, and the expected healing outlook vary with the affected bone and the severity of the injury.

Clinical literature identifies the clavicle fracture as the most common birth-related fracture. Reported incidence ranges from approximately 0.2% to 4.5%, depending on the population examined. These figures provide medical context but don’t determine whether negligence occurred in an individual delivery.

Parents can ask their child’s medical team to clarify the diagnosis, treatment plan, and anticipated recovery. They may also ask whether further imaging, follow-up care, or evaluation for an associated injury is being considered. Individualized medical guidance should come from the child’s treating providers.

Delivery Complications, Clavicle Fractures & Nerve Injuries

Shoulder dystocia is associated with a substantially increased risk of newborn clavicle fracture. One hospital review found clavicle fractures in 15.4% of births involving this complication. Neither the complication nor the fracture establishes that the delivery team was negligent.

A newborn clavicle fracture can also occur alongside an obstetric nerve injury. The brachial plexus is the network of nerves that carries signals from the spinal cord to the shoulder, arm, and hand. One study identified related nerve palsy in about 11% of newborns with clavicle fractures.

New Jersey Deadlines for Birth Fracture Claims

For a medical malpractice injury sustained at birth, New Jersey law generally requires a claim by or on behalf of a minor to be commenced before the child’s 13th birthday. This birth-injury filing deadline differs from the state’s general rule for medical malpractice claims. Because the applicable deadline can depend on the facts and parties involved, families should seek legal guidance rather than calculate the filing period on their own.

The Affidavit of Merit Requirement

New Jersey medical malpractice cases require a written statement from a qualified healthcare provider within the applicable period after the case is filed. It must indicate that there is a reasonable probability the care fell outside accepted professional standards.

Failure to satisfy this requirement can result in dismissal of the claim. Our review therefore considers both the supporting medical evidence and the procedural requirements that apply after filing.

Losses Considered in a Birth Fracture Claim

A birth injury claim may seek compensation for losses connected to the fracture, related medical care, and resulting harm when supported by the evidence. The available categories depend on the nature and effects of the injury. The value of a claim also depends on the proof of negligence and the relationship between the provider’s conduct and the alleged harm.

Discuss Your Child’s Birth Fracture with Our Attorneys

A consultation can clarify which records may matter, how New Jersey filing requirements apply, and whether the circumstances call for a detailed medical and legal review. Speaking with us doesn’t require you to decide immediately whether to pursue a claim.