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Can a Medical Malpractice Birth Injury in Cherry Hill, NJ, Change Your Child's Life Forever?

A family’s best day can turn into a nightmare when a serious birth injury happens. When a mistake by a doctor, nurse, or hospital staff in or around Cherry Hill, New Jersey, causes harm to a new baby, that is what we call a medical malpractice birth injury. It’s a sad and heartbreaking event that no parent should ever have to go through.

Here at The Child Injury Firm, our team has spent decades helping families in Cherry Hill, across New Jersey, and nationwide. We’ve seen firsthand the heartbreak and challenges that come with a birth injury. It’s not just about what happened during delivery; it’s about a lifetime of care and worry for your child.

In a medical malpractice birth injury case, we look at whether a healthcare provider’s actions caused harm to your baby. This means a provider either did something a careful professional wouldn’t have done or failed to do something they should have, and that mistake led to the injury. 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.

What are some common types of Medical Malpractice Birth Injuries in Cherry Hill, New Jersey?

Birth injuries can be very different, and they can affect a child for their whole life. They are often caused by a lack of oxygen or even the best Doctor can use too much force. We have seen all kinds of these cases. Here are some of the common types we see that might be due to medical mistakes:

  • Cerebral Palsy: This is a group of disorders that affect a person’s ability to move and keep balance and posture. It can happen if a baby doesn’t get enough oxygen to their brain during birth. Studies show that a significant number of Cerebral Palsy cases are linked to preventable birth complications. CDC research indicates a significant prevalence of cerebral palsy, affecting about 1 in every 345 children across the United States.
  • Erb’s Palsy/Brachial Plexus Injuries: This happens when the nerves in a baby’s neck and shoulder are stretched or torn during delivery, especially if there’s a difficult birth or the baby’s shoulder gets stuck (called shoulder dystocia). This can cause weakness or paralysis in the baby’s arm.
  • Brain Injuries (Hypoxic-Ischemic Encephalopathy – HIE): This big word means the baby’s brain didn’t get enough oxygen or blood flow around the time of birth. It can lead to severe developmental problems, learning disabilities, or even more serious conditions. A report from the National Institutes of Health (NIH) highlights that HIE is a major cause of newborn mortality and chronic neurological disabilities.
  • Facial Paralysis (Facial Nerve Palsy): This happens when a baby’s facial nerve is damaged, often from the use of forceps or a lot of pressure on their face during delivery. It can cause a lopsided smile and make it hard for the baby to close one eye. While it can get better on its own, a serious case can be a sign that a doctor used too much force.
  • Caput Succedaneum/Cephalohematoma: These are not always a sign of a medical mistake, but they can be. A cephalohematoma is a bruise or swelling on a baby’s scalp that can be caused by a difficult delivery. It is a very serious condition if it gets worse and is not monitored properly. This is an important sign for a doctor to watch for.
  • Internal Organ Damage: In very rare and tragic cases, a baby’s liver, spleen, or other internal organs can be bruised or damaged during a very difficult birth. This can be caused by a doctor using too much force or making a serious mistake during a C-section.
  • Spinal Cord Injuries: These are rare but very serious injuries that can happen if too much force is used or if the baby is twisted during delivery.
  • Broken Bones: While some breaks might heal easily, a broken collarbone or other bones can be a sign of a difficult delivery where too much force was used.

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 Cherry Hill area.

Where Do Families in Cherry Hill Deliver Babies?

Most Cherry Hill deliveries occur at major regional hospitals and medical centers known for their advanced maternity and neonatal care, including:

  • Virtua Voorhees Hospital – Voorhees, NJ: As one of the busiest and most modern maternity centers in the region, this is a top choice for Cherry Hill families. It is renowned for its high-level perinatal services and is one of the state’s largest and most advanced Neonatal Intensive Care Units (NICU).
  • Cooper University Health Care – Camden, NJ: Located a short distance from Cherry Hill, Cooper is a major academic medical center that handles many local and high-risk pregnancies from the area and is equipped with a Level III NICU.
  • Jefferson Washington Township Hospital – Turnersville, NJ: Serving many families throughout Camden County, this hospital offers comprehensive maternity services and a special care nursery for newborns needing extra medical support.
  • Hospital of the University of Pennsylvania – Philadelphia, PA: For the most complex or high-risk pregnancies, some Cherry Hill families choose to cross the bridge into Philadelphia to deliver at this world-class academic medical center, which has one of the nation’s leading NICUs.

The Hidden Truths Behind Birth Injury Malpractice in Cherry Hill, NJ

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, there are significant disparities in infant mortality rates. The rate among children of Black mothers is more than double that of other racial and ethnic groups. 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.

New Jersey Laws for Birth Injury Malpractice in Cherry Hill, New Jersey

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:

  • The Statute of Limitations: This is a fancy way of saying there’s a time limit. In New Jersey, you generally have two years from the date of the injury (or when you reasonably discovered the injury) to file a medical malpractice lawsuit. For children, the rules are a bit different, often extending the time limit until they are older. A study found that 70% of people who file a medical malpractice lawsuit wait too long and lose their right to get compensation. This is why it is so important to talk to our lawyers right away.
  • No Caps on Damages: Unlike many other states, New Jersey has not put any laws in place that cap or limit the amount of money you can receive for damages. This is a very important part of the law. However, there is a cap on punitive damages, which are capped at $350,000 or five times the amount of compensatory damages, whichever is greater.
  • Affidavit of Merit: Before you can even start a medical malpractice lawsuit in New Jersey, you usually need an “Affidavit of Merit.” This means another doctor (who works in the same field as the doctor you’re suing) has to look at your case and say, in writing, that they believe medical malpractice happened. This step is a big deal and shows the court that your case has merit. This requirement was designed by the legislature to filter out frivolous claims at the outset, ensuring that only cases with a valid medical foundation proceed. It’s not just a suggestion; it’s a strict legal deadline, typically 60 to 120 days after the defense files their answer to the lawsuit. In the affidavit, the expert attests under oath that, after reviewing all the medical records, there is a “reasonable probability” that the care provided fell below the accepted standard. The consequence for failing to file a proper affidavit in time is absolute: the case may be dismissed “with prejudice,” which means it is permanently over and can never be brought again.

How Our Medical Malpractice Birth Injury Team Fights for Your Family

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 helps with a lot of expenses. However, cases that go to trial can result in a much larger amount of money awarded to the family, showing that the legal system takes these injuries very seriously.

If you believe your child suffered a birth injury due to medical malpractice in Cherry Hill or the surrounding areas, the most important thing you can do is get help. Our firm, The Killino 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.

Key Takeaways

Understanding medical malpractice birth injuries in Cherry Hill, New Jersey, can feel like a lot. Here are the most important things to remember:

Birth injuries can be caused by preventable medical mistakes at facilities in the Cherry Hill area and near me.

Early signs like a low Apgar score, breathing issues, or seizures should be looked at by a doctor.

If you suspect malpractice, focus on your child's care first, then gather all records, and talk to an experienced legal team right away.

Choosing a legal team that is experienced in child injury cases, especially those related to birth, and is familiar with Cherry Hill near me medical facilities, is crucial.

Resources for Cities in New Jersey

Top Resource Groups in Cherry Hill, New Jersey

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. They have a strong presence in Cherry Hill and the rest of Camden County. Website: https://www.arccamden.org/

2

New Jersey Early Intervention System (NJEIS)

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 Camden County. Website: https://www.nj.gov/health/fhs/eis/

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 the state of New Jersey. Their services include early intervention programs, specialized schooling, and adult services. Website: https://www.njid.org/

4

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. Website: https://cpofnj.org/

5

The Family Support Organization (FSO) of Camden County

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.
Website: https://www.camdenfso.org/

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

How do you know if a birth injury was caused by a medical mistake?

Proving a birth injury was caused by a medical mistake is at best, very difficult. It requires an experienced lawyer, like those on our team, who can go through the medical records with a fine-tooth comb and have a medical expert review them to see where the mistake happened. A birth injury caused by a mistake can lead to a lawsuit.

What should I do if I suspect a medical mistake has happened?

The first thing you should do is talk to an experienced lawyer at The Child Injury Firm. They can help you get all the medical records and review them to see if a mistake happened. You should also keep a detailed diary of everything you remember about the delivery, including who was there, what was said, and any concerns you had.

How long do I have to file a lawsuit?

The time you have to file a lawsuit is set by a law called the Statute of Limitations, and it’s different in every state. It can be as short as two years from the date of the injury. However, for a child, the time can be extended until they are older. It is always best to talk to our lawyers as soon as you can.

What kind of compensation can a family receive?

A family can receive compensation for a wide range of losses, including medical bills, lost wages from not being able to work, and the pain and suffering the injury has caused. In some cases, punitive damages may be available to punish the at-fault party.

How much does a birth injury lawsuit cost?

Most birth injury lawsuits are handled on a contingency fee basis. This means you do not pay the law firm any money up front. They cover all the costs of the lawsuit, and they only get paid if they win your case. This allows you to get justice without having to worry about money.

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

This is a critical distinction. A birth defect is a health condition that develops while the baby is in the womb, often due to genetic factors. A birth injury, however, is damage that occurs during the labor and delivery process. Our focus is on identifying when a birth injury was caused by a preventable medical error.

What is an "Affidavit of Merit" and why is it important in New Jersey?

In New Jersey, you cannot proceed with a medical malpractice lawsuit without an Affidavit of Merit. This is a sworn statement from a qualified medical expert in the same field as the doctor you are suing, stating that there is a “reasonable probability” that malpractice occurred. It’s a mandatory first step, and failing to provide it will result in the dismissal of your case.

Will suing the doctor or hospital affect my child’s future medical care?

This is a common fear, but it is illegal and unethical for any medical provider to refuse care or treat your child differently because you have filed a lawsuit. Our firm can also help you find new, highly-qualified specialists to ensure your child receives the best possible care, free from any potential conflict.

What if the hospital offers us a quick settlement?

You should never accept a settlement offer without speaking to an experienced birth injury lawyer. Initial offers from hospitals or their insurance companies are almost always far less than what your child will need for a lifetime of care. These offers might be made in the hope that you will accept before you understand the true long-term costs of the injury.

How long does a birth injury lawsuit typically take to resolve?

These cases are very complex and can take several years to resolve. The process involves gathering extensive medical records, consulting with multiple experts, and engaging in a lengthy discovery process with the defense. While we always aim to resolve cases as efficiently as possible, our primary goal is to secure a result that will provide for your child’s needs for the rest of their life, and that takes time to do correctly.

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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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