Edison Birth Malpractice Lawyer

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

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. Parents have the right to expect that every measure will be taken to monitor the health and safety of the mother and baby during the labor and delivery process.

Birth injuries occur due to a variety of factors, often involving preventable mistakes made by healthcare professionals during labor, delivery, or neonatal care. Standards within the obstetric community mandate that practitioners adequately monitor both a fetus and its mother throughout the labor and delivery periods.

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. Medical errors are a leading cause of birth injuries, including mistakes made during labor, delivery, and neonatal care. 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. These are truly challenging times for families, filled with uncertainty and emotional pain. Coping with a birth injury is difficult because so much is unknown about the child’s future. Birth injuries can have a profound impact on the family’s future, affecting their plans, hopes, and overall well-being. 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. Seeking legal assistance is crucial to help families navigate these complex issues and secure the resources their child needs.

Oxygen deprivation during birth can lead to severe consequences, including injury to the baby’s brain, which may require lifelong care and support.

If your family has been affected, contact us for a free initial consultation to discuss your case and learn how we can help.

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

Birth injuries can be very different, and they can affect a child for their whole life. Some of the most common birth injuries include erb’s palsy, cerebral palsy, and skull fractures, which can occur during childbirth and may have lifelong consequences. Common types of birth injuries include cerebral palsy, Erb’s palsy, and hypoxic ischemic encephalopathy (HIE). Here are some of the common types we see that might be due to medical mistakes:

  • Cerebral Palsy: This is a group of neurological disorders that affect a person’s ability to move and maintain balance and posture. Cerebral palsy can affect movement due to issues in the baby’s brain, often resulting from oxygen deprivation during birth. Studies show that a significant number of Cerebral Palsy cases are linked to preventable birth complications. In fact, the Centers for Disease Control and Prevention (CDC) notes that about 1 in 345 children in the U.S. has cerebral palsy, and many cases are related to issues during birth.
  • Erb’s Palsy/Brachial Plexus Injuries: This is one of the most common birth injuries and 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) in the birth canal. 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. Oxygen deprivation to the baby’s brain can result in brain damage and neurological disorders. 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.
  • 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. Skull fractures are another example of common birth injuries that can occur during childbirth and may be apparent immediately or develop over time.

These types of birth injuries often require specialized and ongoing child’s medical care to address the long-term needs resulting from birth injuries.

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.

The Hidden Truths Behind Birth Injury Malpractice in Edison, 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. Injuries sustained during childbirth can lead to serious medical complications and lifelong consequences for both the child and their family, requiring ongoing care and support.

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.

Where Do Families in Edison, NJ Deliver Babies?

Most Edison deliveries occur at major regional hospitals and medical centers in Central New Jersey, including facilities that are fully equipped to manage the entire birthing process and address potential complications that may arise during labor and delivery:

Role of Medical Experts in Birth Injury Cases

When it comes to birth injury cases in New Jersey, medical experts are the backbone of a strong legal claim. These professionals—often obstetricians, neonatologists, and pediatricians—bring specialized knowledge that is crucial for understanding exactly what went wrong during labor and delivery. Birth injury lawyers work closely with these experts to review every detail of the medical records, from fetal heart monitoring strips to notes on the delivery process.

Medical experts help identify whether a healthcare provider made a critical error, such as the improper use of forceps or a vacuum extractor, or failed to respond quickly to signs of fetal distress. Their insight is essential for determining if the standard of care was breached and if medical negligence led to the child’s injury. In many New Jersey birth injury cases, these experts can pinpoint where medical professionals deviated from accepted practices, which is often the key to proving liability.

By collaborating with trusted medical professionals, NJ birth injury attorneys can build compelling cases that stand up in court. This partnership not only helps establish the cause of the birth injury but also ensures that families have the evidence they need to secure fair compensation for their child’s lifelong needs. Whether the injury involves cerebral palsy, nerve damage, or other serious complications, the testimony of medical experts is often what makes the difference in achieving justice for families.

Who Can Be Held Responsible for a Birth Injury in Edison, NJ?

Determining who is responsible for a birth injury in Edison, NJ, is a critical step in seeking justice and compensation for your child. In many cases, more than one party may be held liable. Medical professionals—including doctors, nurses, and midwives—can be held responsible if their negligent actions or failure to act during labor and delivery led to harm. This could involve missing signs of fetal distress, using excessive force, or not following established protocols.

Hospitals and healthcare facilities themselves may also be held liable, especially if the birth injury was caused by inadequate staffing, poor training, or a lack of proper safety procedures. In some situations, the responsibility may extend to pharmaceutical companies or medical device manufacturers if a defective drug or piece of equipment contributed to the injury.

Our skilled New Jersey birth injury lawyers will conduct a thorough investigation to identify all parties who may be held responsible for your child’s birth injury. Our experienced lawyers act on the family’s behalf to pursue compensation and justice for birth injuries caused by medical malpractice. This is especially important in cases involving common birth injuries like cerebral palsy or Erb’s palsy, where multiple factors may be at play. By holding all negligent parties accountable, families can pursue a birth injury claim that covers medical expenses, emotional distress, and other costs related to the injury.

Ultimately, your family deserves answers and the opportunity to secure compensation that will support your child’s medical care and future. Our experienced injury lawyers can guide you through this challenging process, ensuring that those responsible for your child’s suffering are held liable and that your family’s needs are fully addressed.

New Jersey Laws for Birth Injury Malpractice in Edison, New Jersey

If your child was injured due to medical malpractice, you need to know about the laws that apply. Birth injury lawsuits are governed by specific state laws and requirements, which determine how legal claims related to injuries during childbirth are handled. 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 13 years old.. 

No Caps on Damages in New Jersey

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:

  • Economic Damages: This includes all tangible, calculable financial losses, such as past and future medical bills, the cost of therapy and rehabilitation, adaptive equipment, home modifications, and the child’s lost future earning capacity. Economic damages also cover all expenses related to the injury, including ongoing child’s medical care and in-home care needs that may be necessary for the child’s continued health and development.
  • Non-Economic Damages: This compensates the victim and their family for intangible but profound losses like physical pain, emotional suffering, mental anguish, and loss of enjoyment of life.

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.

The Affidavit of Merit Requirement

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 Expert: Your attorney must find a qualified, independent medical expert who practices in the same specialty as the defendant doctor. For example, a claim against an obstetrician requires an affidavit from another practicing obstetrician.
  • The Statement: This expert must review all the relevant medical records and provide a sworn written statement (an affidavit) attesting that there is a “reasonable probability” that the care provided fell below the accepted professional standard of care.
  • The Deadline: This is not optional and the timeline is strict. The Affidavit of Merit must be filed within 60 days of the defendant filing their answer to the lawsuit. The court can grant a single 60-day extension for good cause, making the absolute deadline 120 days.

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.

The Emotional and Financial Toll on Families

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. Securing compensation is crucial for your family’s future and ensures your child receives the care and support they deserve. 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.

Long-Term Consequences of Birth Injuries

The effects of a birth injury can extend far beyond the delivery room, shaping a child’s life and a family’s future for years to come. Many children who experience a birth injury—such as cerebral palsy, Erb’s palsy, or hypoxic-ischemic encephalopathy (HIE)—face challenges that impact their ability to move, learn, and interact with the world around them. These conditions can affect motor skills, muscle tone, and cognitive development, sometimes requiring a lifetime of specialized care and support.

For some families, the consequences of a birth injury may include ongoing medical expenses for therapies, surgeries, and adaptive equipment. Children may need physical, occupational, or speech therapy to help them reach their full potential. In more severe cases, a child may require in-home care or modifications to the family’s living space to accommodate mobility needs. The emotional distress that comes with watching a child struggle can be overwhelming, and the financial burden can be immense.

That’s why it’s so important to seek legal assistance from our trusted New Jersey birth injury lawyers. Our experienced birth injury injury lawyers can help your family pursue fair compensation to cover not only immediate medical bills but also the long-term costs associated with your child’s care. By holding those responsible for the injury accountable, you can secure the resources your child deserves to live as fully and independently as possible. If your child’s birth injury has affected their movement, motor skills, or overall development, don’t wait to get the help your family needs.

 

The Legal Process: A Step-by-Step Guide

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. Our legal team will advocate on your family’s behalf at every stage, working to secure the compensation and support you need. Here is a simple breakdown of the process:

 

  1. 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. Our team has a verifiable track record of handling birth injury cases successfully, which we will share with you during this consultation.
  2. 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.
  3. Filing the Lawsuit: Once we have all the information we need, we will file a lawsuit against the doctor, nurse, or hospital.
  4. 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.
  5. 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.

Finding the Right Lawyer for Your Birth Injury Case in Edison, NJ

Choosing the right lawyer for your birth injury case in Edison, NJ, can make all the difference in your family’s journey toward justice and healing. It’s essential to work with a New Jersey birth injury lawyer who not only understands the complexities of medical malpractice law but also has extensive experience handling birth injury cases. The best NJ birth injury attorneys know how to collaborate with medical professionals, analyze medical records, and build a compelling case that demonstrates negligence and the full extent of your child’s injuries.

When searching for an injury lawyer, look for someone with a proven track record in birth injury lawsuits and a deep understanding of New Jersey’s legal landscape. A compassionate attorney will take the time to listen to your story, answer your questions, and explain your legal options during a free initial consultation. This meeting is your opportunity to discuss your child’s medical care, any medical complications that have arisen, and the long-term impact of the injury on your family.

Our skilled birth injury lawyers will fight tirelessly to secure fair compensation for your child’s medical expenses, therapy, and future needs. They will guide you through every step of the legal process, ensuring your rights are protected and your voice is heard. By partnering with our team, you can focus on your child’s recovery while your attorney works to hold negligent parties accountable and obtain the justice your family deserves. Don’t hesitate to reach out for a free consultation—your child’s future may depend on it.

Our Commitment to 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 like ours comes in. We know the laws of New Jersey, including complex discovery rules and tolling provisions, 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. Medical negligence in the NICU can happen in different ways, including failing to recognize the need for respiratory support promptly. Gathering evidence is a meticulous process that involves consulting medical experts to establish causation and ensure that every detail is accounted for in building a strong case.

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, Essex County, 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.

Key Takeaways

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 legal team right away. When choosing a birth injury lawyer in Edison, NJ, look for experience in birth injury and medical malpractice cases.
  • Choosing a legal team that focuses on child injury cases, especially those related to birth and familiar with Edison medical facilities, is crucial.

Resources for Cities in New Jersey

Top Resource Groups in Edison, 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 Edison area.

1

The Arc of Middlesex 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 Edison and the rest of Middlesex County. Website: https://www.thearcofmiddlesex.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 Middlesex 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

Family Support Organization of Middlesex County

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/

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

What is the first thing I should do if I suspect my child has a birth injury due to a medical mistake in Edison, New Jersey?

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.

How long do I have to file a birth injury lawsuit in Edison, New Jersey?

 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.

What kind of compensation can I get for a birth injury case in Edison, New Jersey?

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.

Do I need a lawyer who knows New Jersey laws for a birth injury case?

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.

Is it expensive to hire a lawyer for a birth injury case?

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. Additionally, this approach ensures that lawyers are motivated to achieve the best possible outcome for your case.

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

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.

How do you prove that a doctor's mistake caused the injury?

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.

Will suing the hospital affect my child's future medical treatment?

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.

What if the hospital's insurance company offers me a quick settlement?

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.

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Testimonials

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

Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.

Life-Changing Financial Security

For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.

Ongoing Client Support and Protection

Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.

Caring for Clients and the Community

Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.

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