Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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No parent ever imagines their perfect day turning into a nightmare. You plan for months, dreaming of holding your new baby. But for some families in Edison, that perfect day turns into a nightmare. Something goes wrong during delivery, and a baby is left with a serious injury that could have been avoided. This is what we call a medical malpractice birth injury.
Here at The Child Injury Firm, our team has spent decades helping families across New Jersey and nationwide. We’ve seen firsthand the heartbreak that comes with a birth injury, and the most devastating truth is how often these tragedies could have been prevented. In fact, research published in leading medical journals like The American Journal of Obstetrics and Gynecology suggests that nearly half of all severe birth injuries are potentially avoidable with better communication and adherence to established medical guidelines. It’s not just about what happened during delivery; for these families, it’s about confronting the reality that their child’s lifetime of care and worry was not just a tragic accident, but a preventable outcome.
When we talk about medical malpractice in a birth injury case, it means a healthcare provider did something they shouldn’t have, or didn’t do something they should have, and it caused harm to your baby. They didn’t meet the “standard of care” that a reasonable and careful medical professional would have used in the same situation. A shocking statistic that very few people talk about is that an estimated 80% of all birth injuries are considered preventable with proper care and monitoring. This is a very sad and shocking statistic. It shows that a huge majority of these injuries should never have happened.
The emotional toll on a family is immense. You trust your doctors, nurses, and the entire hospital staff to protect you and your baby. When that trust is broken, it can be hard to know what to do. You may feel guilty, wondering if you did something wrong. You may feel angry, knowing that a mistake could have been avoided. We understand these feelings because we have worked with so many families who have gone through this. We are here to help you get the answers you deserve and to hold the people responsible accountable.
The financial toll can be just as difficult. When a baby is born with a serious injury, the medical bills, the therapy, and the special equipment can all add up to millions of dollars. The reason that birth injury malpractice lawsuits have a higher value than other types of medical malpractice cases is that the damages can cover a child’s entire life. We have handled cases where the value of a birth injury lawsuit is very high, with settlements and verdicts in the millions of dollars. It’s not about a big check; it’s about making sure your child has the money they need to take care of a serious injury for the rest of their life.
Birth injuries can be very different, and they can affect a child for their whole life. Here are some of the common types we see that might be due to medical mistakes:
It’s important to remember that not all of these injuries are due to malpractice. But when they happen because of a doctor’s mistake, it’s a different story, and families deserve to know what happened. Our team works hard to get to the bottom of these complex situations, especially when they occur at medical facilities in the Edison area.
It’s easy to think that birth injuries are a thing of the past. But the truth is, they are still happening. And the statistics are very serious. You might think that a birth injury is just a small hiccup, but for many families, it’s a long and painful road.
One very sad statistic is that in New Jersey, a Black infant is more than three times more likely than a white infant to die before their first birthday. This is a very sad and shocking statistic that very few people are talking about. It shows that in New Jersey, a baby’s life can be at risk because of the color of their skin. These are not just numbers; they are families who have lost a loved one, and it is a problem that needs to be fixed.
Another stat that very few people are talking about is that birth injury rates are actually lower in large cities. The rate of birth injuries is lowest in large metropolitan areas, but the rate gets higher the farther away you are from a large city. This is a very surprising fact. Another surprising fact is that birth injury rates are higher for babies insured by Medicaid compared to those with private insurance. This is a very sad statistic, and it shows that a baby’s chance of a birth injury can be tied to a family’s financial situation.
The reason these cases happen is not just because a doctor makes a mistake. Sometimes, it is because the hospital itself is understaffed. A study published in the journal Nursing Outlook found that in hospitals with high birth volumes, nurse-to-patient ratios are often inconsistent with national staffing standards. This can lead to delays and mistakes that can have terrible results for a baby. The study found that C-section rates were 11% lower in hospitals with nurse staffing that aligned with national standards.
Most Edison deliveries occur at major regional hospitals and medical centers in Central New Jersey, including:
If your child was injured due to medical malpractice, you need to know about the laws that apply. These laws are put in place to protect patients, especially vulnerable ones like newborns. Here are a few important things to know:
A critical aspect of New Jersey’s medical malpractice law is its favorable stance toward victims regarding compensation. Unlike many states that have enacted tort reform laws to limit payouts, New Jersey does not place any cap on compensatory damages. This is incredibly important for families facing a lifetime of challenges. Compensatory damages are divided into two categories:
By not limiting these damages, New Jersey law acknowledges that the true cost of a catastrophic injury can be immense and ensures that a jury has the power to award a recovery that truly reflects the full scope of a family’s lifelong needs.
However, it is important to distinguish this from punitive damages. These are not meant to compensate the victim but to punish the defendant for particularly reckless or malicious conduct. In New Jersey, punitive damages are capped at $350,000 or five times the amount of compensatory damages, whichever is greater.
Before a medical malpractice lawsuit in New Jersey can proceed, the plaintiff must overcome a crucial procedural hurdle known as the Affidavit of Merit. This requirement was designed by the state legislature to prevent frivolous lawsuits from clogging the courts and harming the reputations of medical professionals.
Here’s a breakdown of what it involves:
The consequence for failing to file a proper affidavit in time is severe: the case can be dismissed “with prejudice,” a legal term meaning it is permanently closed and can never be refiled. This makes the Affidavit of Merit one of the most critical early steps in any New Jersey malpractice case.
A birth injury doesn’t just affect a child; it changes an entire family forever. The emotional pain is immense. Parents often feel a mix of grief, guilt, and anger. One parent may have to quit their job to become a full-time caregiver. This adds a huge amount of stress and financial pressure to a family. The cost of care can be staggering, with medical bills, therapy, and special equipment adding up to millions of dollars over a child’s lifetime.
The long-term care for a child with a birth injury, like cerebral palsy, can include physical therapy, occupational therapy, speech therapy, and specialized medical equipment. A study by the Cerebral Palsy Foundation found that the lifetime cost of caring for a child with cerebral palsy can be in the millions of dollars. These numbers are a very powerful reminder of why a birth injury lawsuit is so important. It’s not about being greedy; it’s about making sure your child has the money they need to get the best care possible for their entire life.
If you decide to file a lawsuit, it can feel like a very big and scary process. But we are here to help you every step of the way. Here is a simple breakdown of the process:
The Free Consultation: The first step is to talk to us. We will listen to your story and get all the information we can. We will help you understand if you have a case.
The Investigation: If we believe you have a case, we will begin a full investigation. We will get all of your medical records and have them reviewed by a medical expert. We will look for any mistakes that were made.
Filing the Lawsuit: Once we have all the information we need, we will file a lawsuit against the doctor, nurse, or hospital.
Discovery: This is a very long part of the lawsuit. We will ask the other side for information, and they will ask us for information. We will take depositions, which are legal interviews, from doctors and nurses who were involved in the birth.
Settlement or Trial: After the discovery process is complete, the two sides will either agree to a settlement or the case will go to trial. We are always ready to go to trial to get the justice you deserve.
Trying to figure all this out on your own can be very hard, especially when you are trying to care for a child who has been injured. The hospitals have teams of lawyers and insurance companies on their side, and they will fight very hard to not pay. This is where an experienced legal team like ours comes in. We know the laws of New Jersey, and we know how to fight against big hospitals and their insurance companies. We can help you get the justice and the financial help that your family needs.
A birth injury case requires a lot of hard work. Our lawyers and our team of medical experts will go through all of your medical records. We will look at every single page, every single note, and every single graph. We will look at what the nurses did and what the doctors did. We will find out what should have been done and what was not done.
In a birth injury malpractice lawsuit, the financial compensation a family receives is meant to take care of a child with a serious injury for the rest of their life. For cases that settle out of court, the payout is significant. When a case goes to trial, the amount awarded by a jury can be much larger, showing that the money is not just a settlement; it is the money a family needs to provide lifelong care.
If you believe your child suffered a birth injury due to medical malpractice in Edison or the surrounding areas, the most important thing you can do is get help. Our firm, The Child Injury Firm, focuses on cases like these, so we have the deep knowledge and resources to help. We understand what you’re going through, and we’re here to help you get answers. It’s about making sure your child has the best future possible. And sometimes, getting legal help is the only way to get the resources they need for a lifetime of care.
Understanding medical malpractice birth injuries in Edison, New Jersey can feel like a lot. Here are the most important things to remember:
Medical malpractice means a healthcare provider made a mistake that a reasonable professional would not have made, and it caused harm.
Mistakes can be subtle and include not monitoring the baby correctly, being slow to act, or using tools the wrong way.
New Jersey law has specific rules like a two-year time limit (statute of limitations) and the need for an Affidavit of Merit.
If you suspect malpractice, focus on your child's care first, then gather all records, and talk to our experienced birth injury legal team right away.
Choosing a legal team that focuses on child injury cases, especially those related to birth and familiar with Edison medical facilities, is crucial.
These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries, with a strong focus on the Edison area.
This organization provides advocacy, support, and training to children and adults with intellectual and developmental disabilities and their families. They have a strong presence in Edison and the rest of Middlesex County. Website: https://www.thearcofmiddlesex.org/
This is a state-run system that provides services to children from birth to age three with developmental delays or disabilities. It is a crucial resource for early therapy and support. You can call their statewide referral number or contact the Special Child Health Services Case Management Unit in Middlesex County. Website: https://www.nj.gov/health/fhs/eis/
NJID offers a wide range of programs and support for infants, children, and adults with developmental and related disabilities across the state of New Jersey. Their services include early intervention programs, specialized schooling, and adult services. Website: https://www.njid.org/
The Family Support Organization provides peer support and advocacy to families of children with emotional, behavioral, or developmental challenges. They can connect you with local support networks and resources to help navigate the challenges of raising a child with special needs in the Edison area. Website: https://www.fso-mc.org/
The absolute first thing is to make sure your child receives the best medical care possible. Once your child is stable, gather all medical records and consult with an experienced legal team that focuses on birth injuries, like The Child Injury Firm, as soon as possible.
In New Jersey, the general rule is two years from the date of the injury or when the injury was discovered. However, for child injury cases, the law “tolls” or pauses this clock, often allowing a claim to be filed until the child is older. It’s crucial to speak with our team of experienced medical malpractice birth injury lawyers promptly to understand the specific timeline for your situation.
If successful, compensation (damages) can cover your child’s past and future medical expenses, therapy, special education, adaptive equipment, lost earning capacity, and pain and suffering for both the child and parents. The goal is to provide for your child’s lifelong needs.
Yes, absolutely. New Jersey has specific laws and procedures for medical malpractice cases, including the requirement for an Affidavit of Merit. Our experienced birth injury lawyers understand these rules and how to navigate the local court system and medical facilities in the Edison area to build the strongest possible case for your family.
Most child injury law firms, including The Child Injury Firm, work on a contingency fee basis. This means you don’t pay any legal fees unless they win your case. This allows families to pursue justice without an upfront financial burden.
This is a critical legal distinction. A birth defect is a health condition that develops while the baby is in the womb due to genetic or other factors. A birth injury is damage that occurs during the labor and delivery process. Our investigation focuses on proving that your child suffered an injury that was preventable and caused by a medical error.
Signing a consent form does not prevent you from filing a malpractice lawsuit. A consent form means you accept the known risks of a procedure when it is performed correctly. It does not give a doctor or hospital permission to provide substandard care or make negligent mistakes.
We work with world-class medical experts who review every page of the medical records. They analyze fetal heart monitoring strips, labor and delivery notes, and other data to identify where the medical team deviated from the accepted standard of care. This expert testimony is crucial to linking the mistake directly to your child’s injury.
It is illegal and unethical for any doctor or hospital to refuse care or treat your child differently in retaliation for a lawsuit. We can also help you find new, independent specialists at top-tier medical centers to ensure your child receives the best care possible, free from any potential conflict.
You should never accept a settlement offer without speaking to an experienced birth injury attorney. Early offers are almost always far less than what your child will require for a lifetime of care. These offers can be a tactic to resolve the case quickly and cheaply before you understand the full financial scope of your child’s needs.
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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