Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The birth of a child is one of life’s most cherished milestones. For parents in Atlantic City, New Jersey, this moment represents joy, hope, and the promise of a new beginning. Families across the city—from Chelsea Heights to Ducktown to Bungalow Park—plan for this special event with anticipation.
Yet, in some cases, that day does not go as planned. Instead of joy, families are faced with devastating news: their baby has been harmed during delivery. When that harm results from preventable errors by doctors, nurses, or hospitals, it is defined as a medical malpractice birth injury. During labor and delivery, both the mother and the baby are considered patients, and healthcare providers have a duty to monitor and care for each patient to prevent malpractice and ensure the best possible outcomes.
At The Child Injury Firm, we have devoted decades to helping families across New Jersey, including Atlantic County, understand their rights and pursue justice after a preventable birth injury. Birth injury claims are typically more complex than other personal injury claims due to their specialized nature. We are dedicated to our clients and work tirelessly to achieve results in these complex cases. These cases are not about ordinary complications of medicine—they are about situations where providers failed to meet accepted standards of care. The consequences for a child and family can be profound, lasting, and costly.
A medical malpractice birth injury refers to physical harm sustained by an infant before, during, or immediately after delivery. Some injuries are unavoidable, even with excellent care. Others, however, are the direct result of medical mistakes.
In malpractice cases, the focus is on the standard of care. This is the level of skill, attention, and judgment that a reasonably careful healthcare provider in the same specialty would have exercised under the same circumstances. When providers fall short of this standard and harm results, it becomes medical negligence. Medical malpractice claims for birth injuries are based on proving that this standard was not met and that the negligence directly caused harm to the child.
Examples include:
When such mistakes cause lasting harm, families are entitled to answers, accountability, and compensation. Birth injury claims are the legal process families pursue to seek justice and financial recovery for damages resulting from preventable birth injuries.
Atlantic City is known for its tourism, the best casinos, and boardwalk, but for local families near me, it is also home to real challenges in healthcare. Unlike larger metropolitan areas with multiple high-level hospitals, Atlantic City relies heavily on regional medical centers for maternity care.
While exact malpractice-related birth injury statistics for Atlantic City are not published, related data highlight concerning trends:
These data points matter for parents in Atlantic City and near me. They show that while medical advances have reduced risks in many areas, systemic problems persist, creating conditions where birth injuries can—and do—occur.
Most Atlantic City deliveries occur at nearby maternity hospitals and medical centers, including:
The medical professionals involved at these hospitals play a critical role in ensuring safe deliveries. Errors or negligence by these healthcare providers can have serious consequences for both mother and child, making accountability essential in cases of birth injury. Mothers can also sustain serious injuries during childbirth, including nerve injuries, soft tissue tears, and postpartum hemorrhage, which further underscores the importance of adhering to high standards of care.
Families in Atlantic City may encounter several types of birth injuries when medical errors occur. Here are the most common:
HIE is brain damage caused by insufficient oxygen or blood flow around delivery. It can lead to seizures, developmental delays, or severe disabilities. Common malpractice factors include failure to detect fetal distress or delays in performing a C-section.
CP is the most common motor disability in childhood, often linked to oxygen deprivation or untreated maternal complications. The CDC estimates about 1 in 345 children in the U.S. have CP. In many cases, timely interventions during delivery could have prevented or reduced its severity.
Children with cerebral palsy may require lifelong care and support, making it crucial to secure resources that will provide for their ongoing medical and daily needs.
This injury affects the nerve network controlling the arm and hand. It usually occurs during difficult deliveries when the baby’s shoulder becomes stuck. Injuries to the baby’s brachial plexus most often result from a labor and delivery complication called shoulder dystocia. If excessive pulling or improper maneuvers are used, permanent nerve damage can result.
These injuries often occur when forceps or vacuums are applied incorrectly. While some minor fractures heal, intracranial bleeding can cause long-term neurological impairment.
This condition arises when severe jaundice goes untreated. A simple blood test and phototherapy can prevent kernicterus. Failure to provide these basics is a clear example of malpractice.
Although rare, improper handling during delivery—especially in breech births—can cause spinal cord injuries, leading to paralysis or lifelong mobility challenges.
While each case is unique, recurring themes appear in birth injury cases across New Jersey, including Atlantic City:
Each of these mistakes represents a breakdown in the standard of care—and each can permanently change a child’s future.
While not every birth injury can be prevented, parents in Atlantic City can take important steps to reduce the risk of harm to their child during labor and delivery. One of the most effective ways to safeguard your baby’s health is to choose a qualified and experienced healthcare provider. Research your options, ask about your provider’s track record with deliveries, and don’t hesitate to seek a second opinion if you have concerns. If you ever feel that your questions are not being answered or your instincts are being dismissed, remember that you have the right to advocate for your child’s safety.
Education is another powerful tool. By learning about the signs of fetal distress, such as abnormal heart rate patterns or decreased fetal movement, parents can be better prepared to recognize when something isn’t right. Understanding the risks associated with certain medical interventions—such as forceps, vacuum extractors, or excessive force during delivery—can help you make informed decisions and discuss alternatives with your medical team. These conversations can be crucial in preventing serious injuries such as cerebral palsy, brain injury, or nerve injuries that may result from medical errors or negligence.
Regular prenatal care is essential. Attending all scheduled appointments allows medical professionals to monitor both mother and baby for any signs of complications, such as gestational diabetes, high blood pressure, or infections. Early detection and management of these conditions can significantly lower the risk of birth injuries. Don’t hesitate to ask your provider about any symptoms or concerns you have, and keep a personal record of your prenatal visits, test results, and any recommendations you receive.
Being informed about your labor and delivery options is also key. Discuss pain management techniques, the potential need for a cesarean section, and the pros and cons of various interventions. By understanding your choices, you can work with your healthcare team to create a birth plan that prioritizes safety for both mother and baby.
In addition to medical precautions, it’s important for parents to be aware of their legal rights. Keeping detailed medical records—including prenatal care, labor and delivery notes, and any communications with your providers—can be invaluable if you ever need to pursue a birth injury claim. These records may provide critical evidence of medical negligence, delayed diagnosis, or other errors that contributed to your child’s injury.
If a birth injury does occur, seek immediate medical attention for your child and consult with our New Jersey birth injury lawyers or medical malpractice lawyers as soon as possible. Our experienced attorneys can help you understand your legal options, whether that means filing a medical malpractice claim, seeking compensation for medical expenses and lost wages, or, in tragic cases, pursuing a wrongful death lawsuit. Legal assistance can make a significant difference in achieving justice and securing the financial resources your family deserves for your child’s ongoing care and other expenses.
Ultimately, while birth injuries can be devastating, taking an active role in your care, staying informed, and seeking legal guidance when necessary can help protect your child’s health and your family’s future. If you believe your child was injured due to medical negligence, don’t wait—contact our New Jersey birth injury attorneys for a free consultation to discuss your legal rights and options. Your family deserves answers, accountability, and the best chance at recovery.
Birth injuries don’t end at delivery. They begin a journey of medical, financial, and emotional challenges. Families must secure resources to ensure their child’s medical care, which may include ongoing treatments, therapies, and specialized support.
The Financial Burden
The cost of ongoing care for a child with a birth injury can be overwhelming. Pursuing financial compensation is crucial to help families cover these expenses and provide for their child’s future needs. Compensation from a birth injury lawsuit can cover future medical treatment and care.
Common financial burdens include:
Parents may experience grief, anger, guilt, or depression. The constant stress of caregiving can strain relationships and impact siblings as well.
Caregivers often provide round-the-clock support—lifting, feeding, administering medications, and attending endless therapy sessions.
According to the CDC, the average medical costs for a child with cerebral palsy are 10 times higher than for a child without disabilities, not including out-of-pocket expenses or lost parental income.
Families in Atlantic City have specific legal rights when malpractice causes harm. Birth injury cases fall under personal injury law in New Jersey, which provides a legal framework for pursuing compensation. These legal protections are designed to help injury victims and their families recover damages for the harm they have suffered. Our New Jersey birth injury lawyers handle a wide range of cases, including those involving cerebral palsy and brachial plexus injuries, ensuring families receive the specialized legal support they need.
For a birth injury case in New Jersey, there are distinct timelines for the child, the parents, and cases involving public entities.
Here is the breakdown of the Statute of Limitations (SOL) and Notice Requirements for New Jersey.
If the injury occurred at a state, county, or municipal facility (e.g., University Hospital in Newark or Bergen New Bridge Medical Center), the rules are much stricter under the New Jersey Tort Claims Act.
In New Jersey, the Affidavit of Merit (AOM) is a critical legal document required at the beginning of any professional malpractice lawsuit, including medical malpractice. Think of it as a formal, expert-certified “green light” that tells the court the case has a valid foundation and isn’t frivolous.
The New Jersey Legislature created the Affidavit of Merit requirement to solve a specific problem: to filter out meritless lawsuits at an early stage. It protects healthcare professionals from the financial and reputational damage of defending against frivolous claims. By requiring an expert to vouch for a case’s validity from the start, the law ensures that only legitimate claims of potential negligence move forward through the expensive and time-consuming court process.
The penalty for failing to file a proper Affidavit of Merit on time is severe and absolute. The defendant’s attorney will file a motion to dismiss the case, and the court can grant it. When dismissal is granted “with prejudice,” a legal term meaning the lawsuit is over permanently and cannot be refiled. This makes the AOM one of the most important early deadlines in any New Jersey medical malpractice case.
To win, four elements must be proven:
Compensation may include:
Pain and suffering
For Atlantic City families, the stakes are high. Medical malpractice birth injuries near me don’t just impact one moment—they shape an entire lifetime. When looking for a birth injury attorney in Atlantic City, consider their track record with similar cases, experience in medical malpractice, and a contingency fee agreement. Many New Jersey birth injury lawyers work on a contingency basis, meaning they only get paid if they win the case. At The Child Injury Firm, we stand with the families through the medical, financial, and legal challenges that follow. Every child deserves a safe start in life, and when preventable errors deny that right, accountability matters.
you believe your child suffered a birth injury due to medical malpractice, the most important thing you can do is get help. Here’s what we recommend:
These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.
This organization provides advocacy, support, and training to children and adults with intellectual and developmental disabilities and their families. Their state and local chapters can connect you with resources and support networks in your area, and they have a strong presence in Atlantic County.
If your child’s birth injury resulted in Cerebral Palsy, this is a valuable resource. They offer a range of programs and services for children and adults with Cerebral Palsy and related disabilities, including educational and therapeutic services across New Jersey.
Not all injuries are malpractice. Our legal team, with medical experts, must review the records to determine whether the standard of care was breached.
Birth defects are typically genetic or developmental. Birth injuries occur during labor or delivery and may be preventable with proper care.
No. Providers cannot legally deny care because of a lawsuit. You can also transfer care to new providers if needed.
Case value depends on injury severity, lifetime medical needs, and loss of earnings. Many cases result in multi-million-dollar settlements or verdicts.
Consent forms do not excuse negligence. They only acknowledge known risks, not preventable errors.
Claims can be brought against any negligent party: doctors, nurses, anesthesiologists, or the hospital itself.
Get medical care for your child, secure records, and speak to our birth injury lawyers immediately.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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