Atlantic City Birth Injury

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Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children

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Welcoming a Child in Atlantic City: Joy and Risk

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.

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. 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.

What Is a Medical Malpractice Birth Injury?

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.

Examples include:

  • Failing to recognize fetal distress on the monitoring equipment

  • Delaying an emergency C-section despite warning signs

  • Misusing tools like forceps or vacuums

  • Not treating severe jaundice can lead to kernicterus.

  • Ignoring maternal health risk,s such as gestational diabetes or hypertension

When such mistakes cause lasting harm, families are entitled to answers, accountability, and compensation.

Atlantic City’s Unique Health Landscape

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.

Atlantic County Health Statistics

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.

Where Do Families in Atlantic City Deliver Babies?

Most Atlantic City deliveries occur at nearby maternity hospitals and medical centers, including:

Common Types of Birth Injuries in Atlantic City Hospitals

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.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.

3

Brachial Plexus Injuries (Erb’s Palsy)

This injury affects the network of nerves controlling the arm and hand. It usually occurs during difficult deliveries when the baby’s shoulder becomes stuck. If excessive pulling or improper maneuvers are used, permanent nerve damage can result.

4

Skull Fractures or Intracranial Hemorrhage

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.

How Medical Mistakes Happen in Childbirth

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.

The Lifelong Impact on Families

Birth injuries don’t end at delivery. They begin a journey of medical, financial, and emotional challenges.

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.

Legal Protections in New Jersey

Families in Atlantic City have specific legal rights when malpractice causes harm.

Statute of Limitations

Generally, malpractice claims must be filed within two years of the injury or discovery. For children, this period often extends until they reach adulthood, but acting quickly is crucial.

The Affidavit of Merit: New Jersey's Malpractice Checkpoint

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.

Key Requirements for The Affidavit of Merit

The Purpose of the Law 

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.

Consequences of Failure

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.

Proving Negligence

To win, four elements must be proven:

  1. Duty: The provider owed competent care.

  2. Breach: That duty was violated.

  3. Causation: The breach directly caused harm.

  4. Damages: The harm resulted in measurable losses.

Damages Available

Compensation may include:

  • Past and future medical costs

  • Rehabilitation expenses

  • Assistive devices and the best home modifications

  • Lost future earnings

  • Pain and suffering

What Families Should Do If They Suspect a Birth Injury

  1. Seek immediate medical care for your child.

  2. Obtain all medical records—prenatal, delivery, NICU, and postnatal.

  3. Document everything—conversations, symptoms, appointments.

  4. Consult our experienced birth injury attorneys quickly to preserve evidence.

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. 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:

Key Takeaways

Atlantic County faces higher-than-average risks in preterm birth, low birth weight, and infant mortality compared to many New Jersey communities.

Birth injuries are often preventable, but when malpractice occurs, the results can be lifelong.

Families bear emotional, physical, and financial burdens that can exceed millions of dollars over a child’s lifetime.

New Jersey law provides protections, but deadlines and procedural requirements (like the Affidavit of Merit) make early legal consultation essential.

Choosing a firm, like ours, experienced in both child injury and medical malpractice law is the most important decision a parent can make.

Resources for Cities in New Jersey

Top Resource Groups in Atlantic City, New Jersey

These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.

1

The Arc of Atlantic County

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. Website: https://thearcatlantic.org/

2

Cerebral Palsy Association of New Jersey

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.Website: https://cpofnj.org/

3

New Jersey Institute for Disabilities (NJID)

NJID offers a wide range of programs and support for infants, children, and adults with developmental and related disabilities across New Jersey. Their services include early intervention programs, specialized schooling, and adult services. Website: https://www.njid.org/

Common Questions & Answers: Medical Malpractice Birth Injury in Atlantic City, NJ

How do I know if my baby’s injury was malpractice?

Not all injuries are malpractice. Our  legal team with medical experts must review records to determine if the standard of care was breached.

How long do I have to file a case in New Jersey?

Usually two years, but for children, this may extended. However, acting quickly preserves evidence and strengthens your case.

What is the difference between a birth defect and a birth injury?

Birth defects are typically genetic or developmental. Birth injuries occur during labor or delivery and may be preventable with proper care.

Will suing affect my child’s medical care?

No. Providers cannot legally deny care because of a lawsuit. You can also transfer care to new providers if needed.

How much is a birth injury case worth in Atlantic City?

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.

Can I sue individual staff members, or just the hospital?

Claims can be brought against any negligent party: doctors, nurses, anesthesiologists, or the hospital itself.

What should I do first if I suspect malpractice?

Get medical care for your child, secure records, and speak to our birth injury lawyers immediately.

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Testimonials

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

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.

Life-Changing Financial Security

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.

Ongoing Client Support and Protection

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.

Caring for Clients and the Community

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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