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Birth Injury Lawyer Cherry Hill NJ: Can a Medical Malpractice Birth Injury 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. Expectant parents deserve clear communication and a full understanding of the risks and options during childbirth, so they can make informed decisions and feel confident in the care they receive. Obtaining proper informed consent is a critical responsibility for healthcare providers, and failure to do so can be grounds for a medical malpractice claim if a birth injury occurs.

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. Careful monitoring during labor and delivery is essential to identify problems early and prevent avoidable harm to both mother and baby. 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. Many are caused by medical errors during pregnancy, labor, or delivery, and a child’s birth injury can have a devastating impact on families. 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 birth injuries 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. Oxygen deprivation in the baby’s brain is a leading cause of cerebral palsy and can result from complications such as perinatal asphyxia or fetal distress during labor. 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, prolonged labor, or the baby’s shoulder gets stuck (called shoulder dystocia). Erb’s palsy is a specific type of brachial plexus injury that can cause weakness or paralysis in the baby’s arm, often resulting from excessive force or improper use of delivery instruments.
  • 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. Perinatal asphyxia and oxygen deprivation are major causes of HIE, which can lead to severe developmental problems, learning disabilities, or even more serious conditions in the baby’s brain. Brain damage is a possible outcome of these injuries. A report from the National Institutes of Health (NIH) highlights that HIE is a major cause of newborn mortality and chronic neurological disabilities.
  • Intracranial Hemorrhage: This is a birth injury involving bleeding within the baby’s skull, often caused by a difficult delivery, use of forceps or vacuum extraction, or other birth complications. Intracranial hemorrhage can result in serious neurologic damage or hemorrhages, especially if not promptly diagnosed and treated.
  • 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 skull 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.
  • Spina Bifida: This is a serious birth injury that can result from medical negligence during pregnancy or delivery. Spina bifida is a neural tube defect that can have lifelong consequences for a child.

Fetal distress is a critical sign that must be carefully monitored during labor, as it can indicate a lack of oxygen and potential harm to the baby’s brain. Failure to recognize and respond to fetal distress can lead to preventable injuries such as cerebral palsy, HIE, or other neurological damage.

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, where families are giving birth and may face both the joys and potential complications of childbirth, including:

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. Families facing Cherry Hill birth injuries encounter unique challenges, including the types, complications, and long-term effects specific to the area. 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. In cases where medical errors during pregnancy, labor, delivery, or postnatal care result in the loss of a newborn, families may have grounds for a wrongful death claim to seek justice and compensation. The emotional trauma experienced by both the child and their family in these situations can be overwhelming, affecting family dynamics and overall well-being.

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 long term implications of birth injuries can impact a child’s health, development, and quality of life, requiring ongoing medical care and support. As a result, families often face significant financial strain and financial hardship due to the costs of medical treatments, therapies, and lost income.

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.

Understanding Birth Injury Claims in Cherry Hill, NJ

Birth injury claims in Cherry Hill, NJ, are unique legal cases that arise when a newborn suffers harm during the birth process due to medical negligence or malpractice. These claims are not just about a single mistake—they’re about the lifelong impact that a preventable injury can have on both the child and their family. Common injuries that lead to birth injury claims include cerebral palsy, brachial plexus injuries, and spinal cord injuries, all of which can result in significant challenges and require ongoing care.

If you believe your child’s birth injury was caused by a healthcare provider’s error, it’s essential to consult with our experienced birth injury attorneys in Cherry Hill, NJ. These legal professionals understand the complexities of medical malpractice and can help you determine whether your child’s injury was the result of substandard care. In birth injury cases, medical malpractice claims involve a series of legal steps, including timely filing within the statute of limitations, gathering medical evidence, and pursuing either settlement or courtroom litigation to secure compensation. With the guidance of our birth injury lawyer team, you can navigate the legal process, gather the necessary evidence, and seek compensation to support your child’s future. Remember, birth injury claims are about more than just financial recovery—they’re about holding medical providers accountable and ensuring your child receives the care and support they deserve. 

The Importance of Acting Quickly After a Birth Injury

Time is of the essence when it comes to birth injury claims in Cherry Hill, NJ. Acting quickly after a birth injury not only ensures your child receives the immediate medical care they need, but it also protects your family’s legal rights. In New Jersey, there are strict deadlines—known as statutes of limitations—for filing a birth injury claim. While the general rule is two years from the date of injury, exceptions exist for minors, which may extend the timeframe until your child reaches the age of 13. However, waiting too long can jeopardize your ability to seek justice and compensation.

Consulting with our experienced birth injury attorneys in Cherry Hill, NJ, as soon as possible is crucial. Early legal advice allows you to explore your legal options, gather important medical records, and begin building a strong case. Prompt action can make all the difference in securing the resources your child needs for ongoing medical care and support. Don’t wait—protect your legal rights and your child’s well-being by reaching out to our knowledgeable attorneys right away.

Proving Liability in Cherry Hill Birth Injury Cases

Establishing liability in birth injury cases in Cherry Hill, NJ, requires a thorough investigation into whether the healthcare provider met the accepted standard of care during the birth process. Proving that a birth injury was caused by medical negligence often involves showing that the medical provider failed to act as a reasonably careful professional would have under similar circumstances. This could include failing to monitor the baby’s heart rate, not performing a timely cesarean section, or using excessive force during delivery.

Our experienced birth injury attorneys in Cherry Hill, NJ, work closely with medical experts to review all relevant medical records and identify breaches of the standard of care. Our birth injury lawyers have access to a network of medical experts who can provide testimony and establish causation. These professionals know how to uncover evidence of negligence and build a compelling case against the responsible parties. By partnering with our skilled legal team, you can ensure that your child’s birth injury case is thoroughly investigated and that those at fault are held accountable for their actions.

Damages and Compensation for Birth Injury Malpractice in Cherry Hill

When a child suffers a birth injury due to medical malpractice in Cherry Hill, NJ, the financial and emotional toll on the family can be overwhelming. Fortunately, the law allows families to seek compensation for a wide range of damages. This can include coverage for medical expenses, ongoing therapy, adaptive equipment, and other costs related to your child’s care. In addition, families may be entitled to compensation for pain and suffering, emotional distress, and, in some cases, punitive damages designed to hold negligent parties accountable.

Our experienced birth injury attorneys in Cherry Hill, NJ, are dedicated to helping families recover the maximum compensation available under the law. Our team will guide you through every step of the legal process, ensuring your rights are protected and that your child receives the support they need to thrive. By seeking the advice of our knowledgeable birth injury lawyers, you can focus on your child’s well-being while your legal team fights for the full compensation your family deserves.

Birth Injuries and Long-Term Care: What Cherry Hill Families Need to Know

When a child suffers a birth injury in Cherry Hill, NJ, the effects can last a lifetime—impacting not only the child’s health and development but also the entire family’s emotional and financial well-being. Birth injuries caused by medical malpractice or medical negligence often require extensive, ongoing care, specialized therapies, and adaptive equipment. This can place a tremendous financial and emotional strain on families, making it crucial to understand your legal options and seek compensation to secure your child’s future.

Experienced birth injury attorneys in Cherry Hill, NJ, are essential allies for families navigating the aftermath of a serious birth injury. Our legal professionals have the knowledge and resources to handle complex medical malpractice cases, working closely with medical experts to review medical records, determine the cause of the injury, and build a strong case. By partnering with our experienced birth injury lawyers, families can pursue a medical malpractice lawsuit and seek maximum compensation for both immediate and long-term needs.

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 slightly different, often extending the time limit until age 13. Legal proceedings in these cases involve several steps, including investigation, filing, discovery, and, if necessary, trial, so acting quickly is crucial.
  • 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, punitive damages are capped at $350,000 or five times the amount of compensatory damages, whichever is greater. In birth injury and medical malpractice cases, parents may be entitled to both economic and non-economic damages. Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life, which are significant in these cases. 
  • 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.

Medical malpractice cases, especially those involving birth injuries, are complex and require a deep understanding of both legal and medical issues. Our medical malpractice attorneys have extensive experience handling these challenging cases and are recognized for their commitment to securing justice for injured children. The attorney’s role includes not only securing compensation but also providing emotional support and guidance to families navigating the legal process. Our personal injury attorneys play a critical role in representing families, guiding them through the legal process, and advocating for their rights. Personal injury cases, including those related to birth injuries, often involve significant investigation and negotiation to ensure families receive the compensation they deserve.

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 our experienced legal team comes in. As birth injury lawyers, we represent families facing the challenges of birth injuries. We know the laws of New Jersey and how to fight big hospitals and their insurers. As experienced birth injury lawyers, we have a proven track record of guiding families through complex cases and achieving successful outcomes. We can help you secure the justice and financial support your family needs.

A birth injury case requires a lot of hard work. Our lawyers and medical experts will review all of your medical records. We will review every page, every note, and every graph. We will review what the nurses and doctors did. We will find out what should have been done and what was not done. Our team handles a wide range of personal injury cases related to birth injuries, ensuring that families receive the support they need.

Birth injuries can result in catastrophic injuries that change a child’s life forever, and these cases require specialized legal help to secure the compensation needed for long-term care. 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. After a birth injury, your child deserves justice, proper care, and the resources necessary for their future. Your family deserves full support and fair compensation to help you move forward.

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 law firm, The Child & Birth 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. If you have concerns about your child’s birth injury, a thorough legal review is essential to determine your options. 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.
  • New Jersey law has specific rules like a two-year time limit (statute of limitations), extended for children until their 13th birthday 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 legal team right away.
  • Choosing a legal team that is experienced in child injury cases, (like ours) 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 13 years old. 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. Many birth injury lawyers in Cherry Hill, NJ, operate on a “no win, no fee” basis, ensuring that families can pursue justice without financial barriers. 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. To establish negligence, a lawyer must prove four key elements: a duty of care, breach of that duty, causation of injury, and resulting damages. This process ensures that only valid claims proceed in court.

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 our experienced birth injury lawyers. 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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