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Birth Injury Lawyer Camden NJ: Can They Help Prevent Medical Malpractice?

The birth of a child is supposed to be one of life’s best occasions. For months, you dream of holding your healthy baby, imagining a future filled with laughter, first steps, and endless possibilities. But for an unthinkable number of families in Camden and across New Jersey, this dream is shattered in an instant. During labor or delivery, something goes terribly wrong, and a baby is left with a severe, lifelong injury that could have—and should have—been prevented. This is the devastating reality of a medical malpractice birth injury.

Here at The Child Injury Firm, our team has dedicated decades to standing beside families throughout New Jersey and across the nation. We have sat in their living rooms and listened to their stories of heartbreak and resilience. We understand that the impact of a birth injury isn’t confined to the delivery room; it creates a ripple effect that touches every aspect of a family’s life, introducing a lifetime of complex medical care, constant worry, and staggering financial burdens. Understanding the causes and legal considerations of a child’s birth injury is crucial for families seeking justice and support. The effects of a birth injury can profoundly alter a child’s life, impacting their development, opportunities, and overall well-being for years to come. Cognitive and developmental delays are common complications of birth injuries, often affecting a child’s ability to learn and communicate effectively. Families also face ongoing medical complications that require continuous care and resources.

In a medical malpractice birth injury case, our focus is on one critical question: did the actions of a healthcare provider—a doctor, nurse, midwife, or hospital—fall below the accepted “standard of care”? This legal term simply means they either did something a reasonably careful and skilled medical professional would not have done, or they failed to do something they should have done, and that mistake directly caused your baby’s harm. Obstetrical malpractice occurs when negligent care during labor and delivery leads to preventable harm to both mother and baby, violating the standard of care expected from healthcare providers. Additionally, medical errors in the Neonatal Intensive Care Unit (NICU) can further harm fragile newborns, compounding the challenges families face.

This is not about blaming dedicated doctors for every challenging birth. But there are far too many times when negligence, communication breakdowns, and preventable mistakes cause injuries. In those moments, families deserve more than just sympathy. They deserve answers, accountability, and the financial resources necessary to give their child the best possible quality of life. Compensation should also address the child’s pain—both physical and emotional—that results from birth injuries caused by medical negligence.

The journey after a birth injury is never easy. Families must navigate a complex medical and legal landscape while coping with the lifelong consequences that these injuries can bring.

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The Unspoken Reality of Birth Injuries

It is easy to assume that with modern medicine, serious birth injuries are a relic of the past. However, recognizing common birth injuries—such as nerve damage, fractures, and neurological deficits—is essential for parents and caregivers, as these injuries can have lasting consequences if not promptly addressed. Timely and appropriate attention to a child’s medical care following a birth injury is critical to minimize complications and support the best possible recovery. The data tells a different, more alarming story. These are not rare, isolated incidents; they represent a significant patient safety crisis happening in hospitals in our communities every single day.

Nationally, the statistics provide a sobering overview. According to the Agency for Healthcare Research and Quality (AHRQ), for every 1,000 infants born in U.S. hospitals, approximately 7 suffer some form of birth injury. While many of these are minor, thousands of children are left with permanent disabilities each year. A serious birth injury can result in complex, lifelong medical needs and substantial financial burdens for families.

For families near me in Camden, it’s crucial to review local and state-level data. New Jersey has faced significant patient safety challenges. The Child Injury Firm has extensive experience handling New Jersey birth injury cases, helping families navigate the legal process and pursue compensation for their child’s injuries. The Leapfrog Group, a national nonprofit that grades hospitals on their ability to protect patients from errors, injuries, and infections, consistently provides a mixed picture for the state. In their Spring 2024 Hospital Safety Grades, several hospitals in the Camden area received “C” grades. These grades are based on dozens of performance measures, including rates of infection, surgical errors, and communication breakdowns—all factors that can contribute to a catastrophic birth injury. For example, a key metric is a hospital’s ability to respond to critical events, a factor that is paramount during a complicated delivery.

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A Crisis of Disparity in New Jersey

One of the most tragic and talked-about statistics in New Jersey’s healthcare landscape involves profound racial disparities in maternal and infant outcomes. This is not just a statewide issue but a crisis that deeply affects communities like Camden.

According to the New Jersey Department of Health’s most recent data, the infant mortality rate for Black infants is consistently more than three times higher than the rate for white infants. In Camden County, these disparities are stark. This isn’t a coincidence; it points to systemic issues, including disparities in the quality of care, communication between patients and providers, and the management of high-risk conditions that disproportionately affect Black mothers. These are not just numbers; they represent a fundamental injustice where a baby’s chance at a healthy life can be influenced by their mother’s race.

New Jersey Infant Mortality Rate by Race (per 1,000 Live Births)

  • Black Infants: 9.8
  • White Infants: 3.1
  • Hispanic Infants: 3.8
  • Asian Infants: 2.5                         

Source: New Jersey Department of Health, State Health Assessment Data (2022)

What are some common types of Medical Malpractice Birth Injuries?

Birth injuries vary widely in severity, but many have the potential to alter a child’s life forever. Our team has extensive experience investigating the complex medical facts behind these conditions to determine if they were caused by negligence at a Camden-area medical facility. A medical mistake during labor or delivery can result in serious injuries to both mother and child, with long-lasting consequences.

  • Cerebral Palsy (CP): This is a group of permanent movement disorders. It is most often caused by damage to the developing brain, which frequently occurs due to oxygen deprivation during a difficult birth. While the CDC notes a general prevalence of about 1 in 345 children, a deeper look at the data is revealing. Spastic cerebral palsy is the most common type, affecting approximately 80% of all individuals diagnosed. This is the type most often associated with brain damage from perinatal asphyxia (lack of oxygen). Medical errors like failing to monitor fetal distress or delaying a C-section are common culprits.
  • Erb’s Palsy/Brachial Plexus Injuries: This injury involves damage to the bundle of nerves in the shoulder (the brachial plexus), often causing weakness or paralysis in the arm. Erb’s palsy is a specific type of brachial plexus injury that can result from this damage. It is a classic example of a preventable injury. It typically occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone during passage through the birth canal (a condition called shoulder dystocia, which occurs in up to 1% of all births). If the doctor or midwife applies excessive force or improperly twists the baby’s head and neck to resolve the situation, these delicate nerves can be stretched or torn.
  • Brain Injuries (Hypoxic-Ischemic Encephalopathy – HIE): This is a medical term for brain injury caused by a lack of oxygen (hypoxia) and blood flow (ischemia) to the brain. HIE occurs in an estimated 1 to 3 per 1,000 full-term births and is a leading cause of severe, long-term neurological disabilities, including CP and epilepsy. HIE is often the direct result of a medical team’s failure to recognize and respond to clear signs of fetal distress shown on heart rate monitors.
  • Kernicterus: This is a completely preventable form of brain damage caused by untreated severe newborn jaundice. All newborns are monitored for bilirubin levels, but if a high level is ignored or improperly treated, the bilirubin can enter the brain and cause devastating, permanent neurological damage. The American Academy of Pediatrics has clear guidelines for testing and treatment, and a failure to follow them is a clear breach of the standard of care.
  • Spinal Cord Injuries: Though rare, these are among the most catastrophic birth injuries, often resulting in lifelong paralysis. Medical literature estimates these traumatic injuries occur in about 1 in 60,000 live births, almost exclusively during difficult deliveries involving excessive force or traction, particularly during a breech (feet-first) extraction.
  • Broken Bones (Fractures): While a fractured clavicle (collarbone) can occur even during a normal delivery, fractures to the humerus (upper arm bone) or femur (thigh bone) are significant red flags. These injuries are often indicative of a traumatic delivery where an inappropriate amount of force was used. The improper use of forceps or vacuum extractors can also cause physical trauma to the newborn, leading to broken bones or other serious injuries.
  • Medication Errors: Mistakes in administering medication during labor and delivery, such as incorrect dosages or the wrong drug, can cause significant harm to both mother and baby and may result in preventable complications.

How Does Medical Malpractice Lead to Birth Injuries in Camden?

Medical professionals are trained to anticipate, identify, and manage risks during pregnancy and childbirth. Malpractice occurs when they fail in this duty. Medical staff play a crucial role in preventing birth injuries by following established protocols and responding promptly to complications. Healthcare professionals—including doctors, nurses, and obstetricians—are held to high standards of care to ensure the safety of both mother and child. Here are some of the most common forms of negligence that lead to birth injuries:

  • Failure in Fetal Monitoring: During labor, the baby’s heart rate is continuously monitored to track how the baby is handling the stress of contractions. When a baby’s brain isn’t getting enough oxygen, the heart rate pattern changes in predictable ways (e.g., late decelerations). A failure to properly monitor and recognize these warning signs is one of the most common allegations in birth injury lawsuits. Competent nurses and doctors are trained to spot these patterns and intervene immediately.
  • Delayed Emergency C-Section: When a baby is in distress, time is critical. A delayed C-section can be the difference between a healthy baby and one with permanent brain damage. Delays can be caused by a doctor’s failure to make a timely decision, communication breakdowns among the medical team, or a hospital being understaffed. The accepted standard for a “decision-to-incision” time in an emergency is as soon as possible, and often 30 minutes or less. Unexplained delays beyond this can be evidence of negligence.
  • Mismanagement of Maternal Conditions: The mother’s health is directly linked to the baby’s. A failure to properly manage maternal conditions is a frequent source of preventable birth injuries.
    • Preeclampsia: This high blood pressure condition can reduce blood flow to the placenta. If not managed properly, it can lead to fetal distress and HIE.
    • Gestational Diabetes: This can lead to a very large baby (macrosomia), significantly increasing the risk of shoulder dystocia and brachial plexus injuries. Babies born to mothers with gestational diabetes are at double the risk for certain complications.
    • Infections (like Group B Strep): If a mother tests positive for GBS and is not given antibiotics during labor, the infection can be passed to the baby, leading to sepsis or meningitis, which can cause brain damage.
  • Improper Use of Birth-Assisting Tools: Tools like forceps and vacuum extractors can be vital in a difficult delivery, but they are also dangerous when used improperly. Studies have shown that the rate of injury is significantly higher with these instruments. One study published in the Canadian Medical Association Journal found that instrumental deliveries had a 1-in-22 risk of severe birth trauma, compared to a much lower risk for unassisted or C-section births.

When these standards are not met and negligent care results in harm, it may constitute obstetrical malpractice, carrying serious legal implications for those responsible.

Preventing Birth Injuries: What Can Be Done?

Preventing birth injuries is a shared responsibility that begins long before labor and delivery. Medical professionals and healthcare providers play a crucial role by ensuring careful monitoring of both mother and baby throughout pregnancy, labor, and the birthing process. This means adhering to established standards of care, such as vigilant fetal monitoring, prompt recognition of complications, and timely interventions when warning signs arise. Proper use of medical instruments and clear communication among the healthcare team are also essential in minimizing the risk of medical errors.

Expectant mothers can contribute to a safer birth by maintaining a healthy lifestyle, attending all recommended prenatal appointments, and promptly reporting any unusual symptoms or concerns to their healthcare provider. Hospitals and birthing centers can further reduce risks by implementing robust safety protocols, ongoing staff training, and regular reviews of labor and delivery procedures.

When everyone involved in the birthing process—medical professionals, healthcare providers, and families—works together and remains vigilant, the chances of a preventable birth injury are significantly reduced. Proactive care and open communication can make all the difference in ensuring a safe and healthy start for both mother and child.

  • Direct Medical Costs: This is just the beginning. According to the CDC, the average medical costs for a child with cerebral palsy are 10 times higher than for a child without disabilities.
  • Therapy and Rehabilitation: A child may need years of the best  physical, occupational, and speech therapy, with sessions often costing hundreds of dollars each.
  • Adaptive Equipment and Home Modifications: The best power wheelchair can cost over $30,000. A wheelchair-accessible van can cost over $50,000. Modifying a home with ramps and accessible bathrooms can cost hundreds of thousands of dollars over a lifetime.
  • Lost Earning Capacity: The lawsuit must account for the income the child will never be able to earn due to their disabilities.
  • The Unseen Costs: The emotional toll, the pain and suffering of the child, and the loss of one parent’s income to become a full-time caregiver are all factored into the damages.

A study from the Journal of the American Medical Association (JAMA) found that while obstetrical events make up a relatively small percentage of all malpractice claims, they account for a disproportionately high percentage of the total money paid out. This reflects the severity and lifelong nature of these devastating injuries.

The True Cost: The Lifelong Value of a Birth Injury Lawsuit

It is difficult to talk about money when a child has been so grievously harmed. But a medical malpractice lawsuit is the only legal mechanism available to provide a family with the financial resources their child will need to navigate a lifetime of challenges. These lawsuits often result in multi-million dollar verdicts or settlements because the costs of care are astronomical. Financial compensation is sought to help families recover from the extensive damages and losses resulting from birth injuries. Birth injury lawyers assist families by pursuing compensation for medical expenses, therapy, long-term care, lost wages, and pain and suffering. They also negotiate with insurance companies and may represent clients in court if needed.

  • Direct Medical Costs: This is just the beginning. According to the CDC, the average medical costs for a child with cerebral palsy are 10 times higher than for a child without disabilities. These medical expenses can quickly add up, placing a significant burden on families. Medical bills for ongoing treatment, hospitalizations, and specialist care are a major part of the financial damages.
  • Therapy and Rehabilitation: A child may need years of the best  physical, occupational, and speech therapy, with sessions often costing hundreds of dollars each. For children facing long term disability, these therapies are essential for ongoing support and quality of life.
  • Adaptive Equipment and Home Modifications: The best power wheelchair can cost over $30,000. A wheelchair-accessible van can cost over $50,000. Modifying a home with ramps and accessible bathrooms can cost hundreds of thousands of dollars over a lifetime.
  • Lost Earning Capacity: The lawsuit must account for the income the child will never be able to earn due to their disabilities.The Unseen Costs: The emotional toll, the pain and suffering of the child, and the loss of one parent’s income to become a full-time caregiver are all factored into the damages. Emotional trauma experienced by both the child and family members can have lasting psychological effects and is recognized as a significant component of the overall impact.

A study from the Journal of the American Medical Association (JAMA) found that while obstetrical events make up a relatively small percentage of all malpractice claims, they account for a disproportionately high percentage of the total money paid out. This reflects the severity and lifelong nature of these devastating injuries.

Navigating New Jersey's Complex Medical Malpractice Laws

New Jersey and near me has a specific and often unforgiving set of laws for these cases. Navigating them without an experienced legal team is virtually impossible. Securing skilled legal representation is crucial to ensure your rights are protected and to maximize your chances of a successful outcome. When choosing an attorney for serious birth injury cases, it is important to select a lawyer certified by the Supreme Court of New Jersey, as this certification demonstrates the highest level of qualification and authority to represent clients in complex legal proceedings. As a personal injury law firm, we specialize in representing families in birth injury and personal injury cases, providing the expertise needed to handle complex legal matters.

  • Statute of Limitations: This is the legal deadline for filing a lawsuit. For adults in New Jersey, it is generally two years from the date of the injury. However, for a minor child, the law “tolls” or pauses this clock. A parent can typically file a lawsuit on behalf of their child anytime up until the child’s 13th birthday. While this seems like a long time, waiting is never advisable. Evidence disappears, memories fade, and the financial needs of the child are immediate. Birth injury cases fall under the broader field of personal injury law, making timely action essential. If negligence is found, lawyers handle the necessary paperwork within the statute of limitations.
  • Affidavit of Merit (AOM): This is a critical hurdle at the start of any NJ malpractice case. Within 60 to 120 days of the defendant filing their response to the lawsuit, we must provide a sworn statement from a qualified, independent medical expert in the same specialty. This expert must affirm that there is a “reasonable probability” that the care provided was negligent. Failure to file a proper AOM can result in the case being dismissed “with prejudice,” meaning it can never be refiled. This law effectively makes it impossible to pursue a claim without early expert support. Our firm offers comprehensive legal assistance to guide families through this process and ensure all requirements are met.

    1. Duty: The doctor or hospital owed a duty of care to your child.

    2. Breach: They breached this duty by failing to meet the standard of care.

    3. Causation: This breach directly caused your child’s injuries.

    4. Damages: Your child and family suffered significant harm (financial, physical, and emotional) as a result.

Understanding your legal options is essential, as families may pursue different strategies to hold negligent parties accountable and secure the compensation their child deserves.

Gathering Evidence for a Birth Injury Claim

Building a strong birth injury claim starts with gathering comprehensive evidence that clearly documents what happened before, during, and after labor and delivery. The foundation of any birth injury case is the medical records—these include prenatal care notes, labor and delivery charts, fetal monitoring strips, and newborn assessments. These records help birth injury attorneys and medical professionals piece together the timeline and identify any deviations from the standard of care. Birth injury lawyers prove liability through expert medical testimony and negotiate with insurance companies.

In addition to medical records, other forms of evidence can strengthen a birth injury claim. Test results, imaging studies, and medication logs provide further insight into the care provided and any potential medical errors. Statements from witnesses—such as family members, nurses, or other healthcare providers present during the birth—can offer valuable perspectives on what occurred in the delivery room.

Sometimes, the cause of a birth injury, such as oxygen deprivation or excessive force during delivery, may not be immediately obvious. In these cases, expert analysis is often required to interpret the evidence and determine whether medical negligence played a role. By meticulously gathering and reviewing all available documentation, birth injury attorneys can build a compelling case to advocate for the rights of injured children and their families.

The Importance of Expert Testimony in Birth Injury Cases

Expert testimony is often the cornerstone of a successful birth injury case. Medical experts—such as obstetricians, neonatologists, and specialists in pediatric neurology—bring a deep understanding of the complexities involved in labor and delivery. By reviewing medical records and the details of the birth, these experts can determine whether the care provided met accepted medical standards or if medical negligence occurred.

In cases involving serious conditions like cerebral palsy or hypoxic ischemic encephalopathy, expert testimony is essential to explain how specific medical errors, such as delayed intervention or improper monitoring, led to the child’s injury. These professionals can also help quantify the long-term impact of the birth injury, including the costs of ongoing medical care, therapy, and specialized support.

Birth injury attorneys rely on expert testimony not only to establish liability but also to demonstrate the full extent of the harm suffered. This evidence is critical in securing maximum compensation for families, ensuring that all current and future needs of the injured child are addressed. With the support of respected medical experts, families can pursue justice and the resources their child deserves.

Understanding the Statute of Limitations for Birth Injury Claims in New Jersey

Navigating the statute of limitations is a crucial aspect of any birth injury claim in New Jersey. Generally, families have two years from the date they discover the injury to file a medical malpractice lawsuit. However, when the injured party is a minor, the law provides additional protection: the statute of limitations typically does not begin until the child’s 13th birthday, allowing them to file a claim until they turn 13 years old.

It’s important to understand that missing these deadlines can mean losing the right to seek compensation, regardless of the severity of the birth injury or the extent of medical negligence involved. There are exceptions in cases where a healthcare provider concealed or misrepresented information about the injury, but these situations can be complex and require prompt legal attention.

Birth injury attorneys are well-versed in the nuances of New Jersey’s legal system and can help families understand their legal rights and options. By acting quickly and consulting with an experienced attorney, families can ensure their claim is filed on time and that their child’s future is protected.

In cases involving serious conditions like cerebral palsy or hypoxic ischemic encephalopathy, expert testimony is essential to explain how specific medical errors, such as delayed intervention or improper monitoring, led to the child’s injury. These professionals can also help quantify the long-term impact of the birth injury, including the costs of ongoing medical care, therapy, and specialized support.

Birth injury attorneys rely on expert testimony not only to establish liability but also to demonstrate the full extent of the harm suffered. This evidence is critical in securing maximum compensation for families, ensuring that all current and future needs of the injured child are addressed. With the support of respected medical experts, families can pursue justice and the resources their child deserves.

Filing a Birth Injury Claim

Filing a birth injury claim is often the first step families take when seeking justice after a preventable injury during labor and delivery. This process can feel daunting, especially when you are already coping with the emotional and financial impact of your child’s injury. A birth injury claim is a formal legal action brought against a healthcare provider, hospital, or other medical professionals whose actions—or inactions—may have caused harm through medical malpractice or negligence.

The legal process begins with a thorough review of your case by an experienced injury lawyer. They will examine the details of your pregnancy, labor, and delivery, looking for evidence that the standard of care was not met. This might include failures in monitoring, delayed interventions, or improper use of medical equipment. It’s important to act quickly, as each state—including New Jersey—has a statute of limitations that sets a deadline for filing your claim.

A birth injury lawyer will guide you through every step, from gathering medical records to filing the necessary paperwork, ensuring your rights are protected. By holding medical professionals and healthcare providers accountable, you not only seek compensation for your family but also help prevent similar incidents from happening to others.

It’s important to understand that missing these deadlines can mean losing the right to seek compensation, regardless of the severity of the birth injury or the extent of medical negligence involved. There are exceptions in cases where a healthcare provider concealed or misrepresented information about the injury, but these situations can be complex and require prompt legal attention.

Birth injury attorneys are well-versed in the nuances of New Jersey’s legal system and can help families understand their legal rights and options. By acting quickly and consulting with an experienced attorney, families can ensure their claim is filed on time and that their child’s future is protected.

In cases involving serious conditions like cerebral palsy or hypoxic ischemic encephalopathy, expert testimony is essential to explain how specific medical errors, such as delayed intervention or improper monitoring, led to the child’s injury. These professionals can also help quantify the long-term impact of the birth injury, including the costs of ongoing medical care, therapy, and specialized support.

Birth injury attorneys rely on expert testimony not only to establish liability but also to demonstrate the full extent of the harm suffered. This evidence is critical in securing maximum compensation for families, ensuring that all current and future needs of the injured child are addressed. With the support of respected medical experts, families can pursue justice and the resources their child deserves.

Understanding the Birth Injury Case Process

The process of pursuing a birth injury case involves several key stages, each designed to uncover the truth and secure justice for your child. It typically starts with a consultation with a knowledgeable injury lawyer, who will carefully review your medical records and listen to your account of what happened. If the lawyer determines there is a valid claim, they will begin a detailed investigation, collecting evidence and interviewing witnesses to build a strong case.

Throughout this process, your lawyer will keep you informed and answer any questions you may have. They will work with medical experts to analyze the facts and determine whether medical negligence played a role in your child’s injury. Depending on the circumstances, your case may be resolved through a settlement with the responsible parties or proceed to trial if a fair agreement cannot be reached.

Having an experienced injury lawyer by your side is crucial. They understand the complexities of birth injury cases and are committed to protecting your family’s interests every step of the way, ensuring you have the support and advocacy you need during this challenging time.

Birth Injury Lawsuits and Settlements

When a birth injury is caused by medical malpractice, families have the right to pursue a lawsuit or settlement to obtain financial compensation. The outcome of a birth injury lawsuit or settlement can make a significant difference in your child’s quality of life, covering the costs of medical care, therapy, and other essential needs.

The amount of compensation awarded depends on several factors, including the severity of the injury, the degree of negligence by the healthcare provider, and the long-term impact on your child’s life. In many cases, your injury lawyer will negotiate directly with the hospital, doctor, or their insurance company to reach a fair settlement. If a settlement cannot be achieved, your case may go to trial, where a judge or jury will determine the outcome.

Throughout the legal process, your lawyer’s goal is to secure the maximum compensation possible, so your family can focus on healing and providing the best care for your child. By holding medical professionals accountable, you also help promote safer practices in the healthcare system.

Damages in Birth Injury Cases

The damages awarded in birth injury cases are designed to address the full scope of losses your child has suffered. These can include immediate and future medical expenses, such as hospital stays, surgeries, medications, and ongoing therapy. 

In cases where the birth injury results in a long-term disability, damages may cover the costs of specialized equipment, home modifications, and lifelong care. Compensation for pain and suffering acknowledges the emotional and physical toll the injury has taken on both the child and the family.

A birth injury lawsuit aims to provide the financial resources needed to support your child’s medical care and overall well-being. An experienced injury lawyer will work with medical and financial experts to accurately calculate these damages, ensuring your family receives the compensation you deserve to move forward.

Free Consultation with a Birth Injury Lawyer

If you suspect your child’s birth injury was the result of medical malpractice or negligence, taking the first step can feel overwhelming. That’s why many birth injury lawyers offer a free consultation to help families understand their legal options without any financial risk. During this initial meeting, the lawyer will review your medical records, listen to your story, and assess whether you have a valid birth injury claim.

A free consultation is an opportunity to ask questions about the legal process, learn what to expect, and determine if the lawyer is the right fit for your family. You’ll receive honest feedback about your case and guidance on the next steps, all at no cost or obligation to you.

Seeking legal advice early can make all the difference in protecting your child’s future. If you believe your family has been affected by medical malpractice, don’t hesitate to reach out for a free consultation with an experienced injury lawyer who can help you pursue justice and secure the support your child needs.

What Should You Do if You Suspect a Birth Injury in Camden?

If your gut tells you something went wrong during your child’s birth, listen to that instinct. Here are the steps you should take: A strong track record of settlements and verdicts is important when selecting a birth injury lawyer. Positive client reviews are essential to consider when choosing a birth injury lawyer.

  1. Focus on Your Child’s Health: Your child’s well-being is the absolute priority. Seek opinions from specialists at leading children’s hospitals to ensure they have the best possible care plan. Ongoing support for your child’s medical care is essential, as birth injuries often require long-term treatment and specialized therapies.
  2. Gather All Documentation: Request complete copies of all medical records for both mother and baby. This includes prenatal care, all labor and delivery notes, all fetal heart monitoring strips (this is critical), and all newborn pediatric records.
  3. Start a Journal: Write down everything you remember about the delivery. What did doctors say? What were your concerns? Who was in the room? Note every therapy session, doctor’s visit, and expense related to your child’s condition.
  4. Contact Our Experienced Legal Team: Do not delay. Birth injury cases require immediate investigation. At The Child Injury Firm, our birth injury lawyers focus almost exclusively on these complex cases. We have the resources to hire world-class medical experts, the experience to navigate New Jersey’s and near me  tough laws, and the commitment to fight tirelessly against large hospitals and insurance companies for the justice your family deserves.

If you believe your child suffered a preventable injury, reach out to us today to seek justice and secure the support your family needs.

Key Takeaways

  • A medical malpractice birth injury in Camden is often preventable and linked to failures in monitoring, delayed intervention, or mismanagement of maternal health.
  • The statistics, especially regarding racial disparities in Camden County, South Jersey, and New Jersey, reveal a serious patient safety crisis.
  • The lifelong financial and emotional costs are immense, often requiring millions of dollars for proper care and support.
  • New Jersey’s legal process is complex, with a strict Affidavit of Merit requirement and a statute of limitations that must be respected.
  • Your first steps should be securing medical care for your child, gathering all records, and immediately contacting our legal team that is highly experienced as a Jersey birth injury lawyer.
  • Negotiation with insurance companies for fair settlements is a key role of birth injury lawyers.
  • Most birth injury attorneys provide free initial consultations to review the circumstances of the case.

We offer a free consultation so you can discuss your case with no upfront cost or obligation.

Resources for Cities in New Jersey

Atlantic City

Camden

Cherry Hill

Edison

Elizabeth

Jersey City

Lakewood

Marlton

Newark

Paterson

Top Resource Groups in Camden, New Jersey

These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries, with a strong focus on the Camden area.

1

The Arc of Camden 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 Camden County.

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.

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.

Common Questions & Answers About Medical Malpractice Birth Injury in Camden, New Jersey

How long do I have to file a lawsuit for a birth that happened in Camden?

In New Jersey, a parent can generally file a malpractice lawsuit on behalf of their child anytime up until the child’s 13th birthday. While this may seem like a long time, it is crucial to act immediately. The best time to investigate a case is right away, while evidence like fetal heart monitor strips are still available and the memories of everyone involved are fresh.

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

This is a critical distinction that defense attorneys often try to blur. A birth defect is a condition that develops while the baby is in the womb, often due to genetic or unknown factors (e.g., a congenital heart defect). A birth injury is damage that occurs during the labor and delivery process, often as a direct result of medical negligence. Our job is to prove that your child suffered an injury caused by a mistake, not an unavoidable defect.

Do I have to pay upfront to hire The Child Injury Firm?

No, absolutely not. We work on a contingency fee basis. This means you pay absolutely no legal fees unless we successfully win your case through a settlement or a jury verdict. We cover all the upfront costs of litigation, which can be substantial, so your family can focus on your child without any financial burden. Many birth injury lawyers work on a contingency fee basis, meaning clients pay only if they win the case.

Will suing the hospital or doctor affect my child's ability to get future medical care?

This is a common and understandable fear. It is illegal and highly unethical for any medical provider to deny, alter, or provide substandard care to your child in retaliation for a lawsuit. Furthermore, as part of our work, we often help families connect with new, independent specialists at top-tier institutions to ensure their child receives the best care possible, free from any potential conflict of interest.

Signing a consent form does not give a doctor a free pass to be negligent. A consent form indicates that you understand the known and accepted risks of a procedure when it is performed correctly. It is not a waiver that protects a doctor or hospital from the consequences of medical malpractice or substandard care. You never consent to a preventable mistake.

How much is my Camden birth injury case actually worth?

It is impossible to give an exact number without a deep analysis of your case. The value is determined by a “life care plan,” a comprehensive report created by medical and financial experts that calculates the full cost of your child’s needs for their entire life. This includes all future medical care, therapies, surgeries, adaptive equipment, home modifications, and specialized education.  Lost earning potential is also calculated. Our goal is to secure a recovery that meets every single one of your baby’s needs.

What is my role as a parent during the lawsuit?

Your primary role is to continue being a loving parent and caregiver to your child. For the lawsuit, you are a crucial member of our team. You provide us with information, help us understand your child’s daily challenges and triumphs, and make the ultimate decisions about your case, such as whether to accept a settlement offer. We handle the complex legal work, the expert witnesses, and the fights with the insurance companies so you can focus on what matters most: your family.

How common is it for a birth injury case to actually go to trial?

It’s less common than you might think. According to a comprehensive study on medical malpractice claims by the U.S. Department of Justice, approximately 93% of medical malpractice cases are resolved out of court through a settlement. However, our firm prepares every single case as if it is going to trial. This meticulous preparation is what puts us in the strongest possible position to negotiate a fair settlement and shows the defense that we are ready to go to court if they are not willing to be reasonable.

My doctor said my child's injury was an "unavoidable complication." How can you prove it was malpractice?

This is a very common defense. We prove malpractice by using world-class, independent medical experts who will conduct a thorough review of every detail of your medical records. For example, they will analyze the fetal heart monitoring strips second-by-second to see if there were clear signs of distress that the medical team missed or ignored. They can determine if a delayed C-section was medically unjustifiable or if a specific maneuver during a difficult delivery violated the standard of care. It is this expert analysis that turns a so-called “complication” into clear evidence of negligence and demonstrates that your child suffered harm as a result.

Can a lawsuit be filed against a nurse, or is it only the doctor?

A lawsuit can and often should be filed against any and all medical professionals whose negligence contributed to the injury. This frequently includes labor and delivery nurses. Nurses are responsible for a significant portion of fetal monitoring, and a failure to recognize signs of distress and properly notify the physician is a major source of preventable birth injuries. The hospital itself can also be held liable for things like understaffing, inadequate training, or faulty equipment. We work to hold every responsible party accountable.

What if my child’s injury resulted in death?

If the most severe outcome occurs and your child passes away due to a birth injury caused by medical negligence, you may be able to pursue a wrongful death lawsuit. This legal action can help your family recover damages related to your loss, including expenses and emotional suffering.

How does a birth injury affect the family emotionally?

Birth injuries can cause significant emotional distress for both the child and their family. The psychological effects can be long-lasting, impacting family dynamics and overall well-being, and may require emotional support or mental health interventions.

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Testimonials

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Keri S

5 months ago

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An absolutely amazing lawyer, & staff. Everyone met me at a personal level, & a professional level. I’d give them 10 stars if I could.

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Trisha H

5 months ago

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My sisters and I are so very grateful for The Killino Firm. They worked tirelessly for over three years on our case, were very attentive and kept us updated every step of the way. Aside from being gifted at what they do, Jeff and Dawn are so caring and understanding. Every single person we were in contact with from the firm was professional and kind. We will always recommend this firm! We really can’t thank them enough.

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Courtney S

5 months ago

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We contacted this firm when our son suffered a birth injury. They listened to our potential case and took us on. They helped us all the way through the process, always took my calls and questions. Killino is very passionate about his work and it felt like he was upset for our son like he was his own child. The paralegal, Kayla, was always on top of things and helpful. The whole firm that we worked with really did their best for us and now we have what we need to care for our son. We couldn’t be more grateful.

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Rhonda L

5 months ago

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They helped me get through a terrible situation they were relentless for fighting on my behalf and because of there hard work my situation was resolved very favorable for me and my family I can’t thank them enough if you need help call them first you won’t be sorry

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Michaelene C

5 months ago

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Highly knowledgeable, listened to my concerns, gave wonderful advice and took a genuine interest in my case. Absolutely the best lawyers and firm around. Would highly recommend them to anyone looking for competent lawyers to handle their case no matter how complicated.

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Corey E

5 months ago

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The Killino firm is an excellent firm that tirelessly advocates on behalf of their clients. I’ve come across a lot of great personal injury attorneys in my time and simply put, Killino is the best.

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Jeanne Y

5 months ago

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Since day one I called the Killino firm, I was heard and taken care with respect. I very much thank Jeff for his proffesionalism and commitment. some days I’d email him in the middle of the night and exepct a response within an hour. They went beyond our spectactions. He did as promised. my husband and I are grateful for working with you. I’d 100% recommend this firm!!!  thank you Jeff and the team

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Reggie B

5 months ago

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Jeff and his team at Killino Law Firm are truly exceptional! They took on my daughter’s challenging case when no one else would, and their dedication, expertise, and compassion made all the difference. Thanks to their amazing work, we can now take care of our daughter for the rest of her life. Jeff handled everything with professionalism and kept us informed every step of the way. If you’re in need of a personal injury & accident lawyer, look no further—Jeff is your guy. I can’t recommend him and his exceptional team enough!

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.

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