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 what happens when something goes wrong during birth? Not just a minor hiccup, but a serious injury to your baby because of a mistake made by a doctor, nurse, or hospital staff? That’s what we call a medical malpractice birth injury in New Jersey. Birth injuries can lead to lifelong disabilities that require extensive medical care, therapy, and support.
Here at The Child Injury Firm, our team has spent decades helping families in New Jersey and all over the country. 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. A birth injury can have a lasting impact on a child’s life and shape the family’s future, making it crucial to seek the support and compensation needed for long-term well-being.
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 a child’s injury with significant legal and medical consequences. They didn’t meet the “standard of care” that a reasonable and careful medical professional would have used in the same situation.
This isn’t about blaming doctors for every tough birth. But other times, injuries are caused by mistakes that could have been avoided. In some cases, a serious birth injury can change the course of a child’s development and require lifelong support. And in those cases, families deserve answers and help. If a birth injury results from medical negligence, families may face overwhelming medical bills and emotional distress. The financial burden that birth injuries place on families can be overwhelming, with medical expenses, lost income, and ongoing care costs affecting every aspect of life and the family’s future.
Birth injuries are among the most devastating events a family can experience, often changing the course of a child’s life and their family’s future. These injuries can happen at any stage—during pregnancy, labor, or delivery—and are frequently the result of medical negligence or malpractice. When medical professionals fail to provide the standard of care expected during childbirth, the consequences can be severe, leading to conditions such as cerebral palsy, brain damage, and other neurological disorders.
Our New Jersey birth injury lawyers are dedicated to supporting families affected by these tragic events. They understand the complexities of a birth injury lawsuit and provide the legal assistance needed to navigate the process. Whether the injury was caused by a preventable mistake or a failure to act, our New Jersey birth injury attorneys work tirelessly to hold responsible parties accountable and secure the resources families need for their child’s ongoing care.
If your family has been affected by a birth injury, it’s important to know that you are not alone. Our legal professionals in New Jersey birth injury cases can help you understand your rights, investigate the circumstances of your child’s injury, and pursue justice on your behalf. With the right support, families can focus on healing and building a brighter future for their child.
Birth trauma refers to the physical or emotional harm that can occur to a mother or child during the delivery process. This trauma may result from medical errors, excessive force, or unforeseen medical complications that arise during childbirth. Recognizing birth trauma is essential, as it can be the first sign that something went wrong during delivery.
Our New Jersey birth injury attorneys play a crucial role in helping families understand the causes of birth trauma. By working with leading medical experts and carefully reviewing medical records, our attorneys can determine whether a birth injury was the result of negligent medical providers or unavoidable circumstances. Medical professionals are expected to follow established protocols to ensure the safety of both mother and child, and when they fail to do so, the consequences can be life-altering.
If you suspect that your child’s injury was caused by birth trauma, seeking guidance from our experienced birth injury attorneys is vital. We can help you navigate the legal process, protect your legal rights, and connect you with the resources needed to support your child’s recovery. Understanding the root cause of birth trauma is the first step toward holding negligent parties accountable and securing the compensation your family deserves.
Common birth injuries can have lifelong effects on a child and their family. Below are some of the most common birth injuries we see, many of which may result from medical negligence. Common birth injuries caused by improper care during pregnancy, labor, or delivery can be prevented with proper medical attention. Medical negligence during childbirth can result in serious harm, causing significant injuries to both the baby and the mother and turning what should be a joyful moment into a distressing experience.
Birth trauma and other birth injuries, beyond those listed above, can also occur and may require legal help to ensure families receive the support they need.
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.
Medical professionals have a big job. They need to be careful and pay close attention during pregnancy, labor, and delivery. When they make a mistake, it can have terrible effects. Medical negligence in the NICU can happen when caretakers fail to recognize the need for respiratory support promptly, leading to serious brain damage. Here are some ways medical malpractice can lead to birth injuries:
Understanding these details is really important. It’s not about pointing fingers, but about finding out the truth so families can get the support they need for their child. These mistakes can lead to serious medical complications for the child, requiring ongoing care and support. The child’s pain—both physical and emotional—can be significant and long-lasting as a result of medical negligence.
Recognizing the signs of negligence during childbirth is critical for families who suspect their child’s injury could have been prevented. Some of the most telling indicators include fetal distress, severe brain injury, and other common birth injuries that arise from medical mistakes. When medical professionals fail to monitor the baby’s well-being, respond to complications, or follow proper procedures, the risk of preventable birth injuries increases dramatically.
Our New Jersey birth injury lawyers are skilled at identifying these warning signs and helping families take action. Common birth injuries caused by negligence include cerebral palsy, brachial plexus injuries, and other neurological disorders that can have lifelong consequences. If your child experienced brain injury, suffered from fetal distress, or was diagnosed with a condition linked to medical errors, it’s important to seek legal assistance as soon as possible.
By working with our experienced attorneys, families can ensure their child receives the necessary medical attention and that those responsible for the injury are held accountable. Our New Jersey birth injury attorneys can help you secure compensation for your child’s medical care, therapy, and future costs, providing peace of mind and financial stability as you move forward. If you have concerns about the care you received during childbirth, don’t hesitate to reach out for help—your family’s well-being and your child’s future may depend on it.
While families often choose a hospital close to home, several major medical centers across New Jersey are leading destinations for maternity care due to their advanced services and high volume of deliveries. These include:
New Jersey law has very specific rules for medical malpractice cases, especially those involving children. These laws are designed to protect patients and ensure that only legitimate cases move forward. Families may need to file a birth injury claim or medical malpractice claims under the New Jersey birth injury statute, which sets important legal deadlines for pursuing justice and compensation. Below is a simplified law-at-a-glance chart that shows the main requirements families should know:
| Legal Requirement | New Jersey Rule/Standard |
|---|---|
| Damages (Compensation) | Economic and non-economic damages are available. Financial compensation may include the child's medical care, medical costs, therapy, and pain and suffering. Our law firm and birth injury attorneys work to secure compensation and pursue maximum compensation for families affected by birth injuries. |
| Expert Testimony Requirement | An affidavit of merit from a qualified medical expert is required. Our Birth injury attorneys and New Jersey birth injury attorneys play a key role in securing expert testimony to support your case. |
| Comparative Negligence Rule | Damages may be reduced if the plaintiff is partially at fault. The legal process can be complex, so having our knowledgeable law firm or birth injury lawyers is crucial to protect your rights. |
If a birth injury results in loss of life, families may have the right to pursue a wrongful death lawsuit as a legal remedy to seek justice and compensation.
| Legal Requirement | What It Means | How It Affects Families |
|---|---|---|
| Discovery Rule | Exception to the normal time limit. | If the injury was not obvious at birth (for example, developmental delays diagnosed later), the clock may start when the injury is first discovered. |
| Affidavit of Merit | A written statement from a qualified doctor in the same field as the defendant. | Must be filed early in the case (usually within 60–120 days of the defendant’s response). The expert must state there is a “reasonable probability” that malpractice occurred. Without it, the case can be dismissed. |
| Damages (Compensation) | Money is awarded to cover the full impact of the injury. | Includes medical bills, surgeries, therapies, adaptive equipment, home modifications, loss of future income, and pain & suffering. No cap on compensatory damages in NJ, though punitive damages are capped (at $350,000 or 5x compensatory damages). |
| Expert Testimony Requirement | Independent medical specialists must explain how negligence caused the injury. | Families need testimony from experts such as neonatologists, obstetricians, or neurologists to connect the dots between a mistake and the child’s injury. |
| Comparative Negligence Rule | Determines how fault is shared. | If more than one provider is responsible (doctor, nurse, hospital), liability may be split. If parents were not at fault, they are entitled to full damages. |
The Child’s Deadline (Age 13): Under N.J.S.A. 2A:14-2(b), a child born with a birth injury generally has until their 13th birthday to file a lawsuit for medical malpractice.
If the injury occurred at a state, county, or municipal facility (e.g., University Hospital in Newark or Bergen New Bridge Medical Center), the rules are much stricter under the New Jersey Tort Claims Act.
Birth injury statutes are nuanced; consulting our experienced New Jersey birth injury lawyers is crucial to understanding how these deadlines apply to your specific case.
Complex process: These cases are both medical and legal battles. Families rarely succeed without a team that understands both.
At The Child Injury Firm, we guide families step by step—gathering records, securing expert affidavits, and fighting for full compensation under New Jersey law in cases including NICU injuries. Our experienced attorneys secure compensation to help families cover medical expenses, lost wages, and other costs related to birth injuries. Our legal team is dedicated to helping families seek justice for their injured child and holding negligent parties accountable.
When a family faces the heartbreak of a birth injury, understanding what went wrong is often the first step toward healing and justice. In New Jersey, medical experts play a pivotal role in birth injury lawsuits, providing the specialized knowledge needed to uncover the truth and hold negligent medical providers accountable.
Our New Jersey birth injury lawyers rely on leading medical professionals—such as obstetricians, neonatologists, and pediatricians—to review medical records and assess whether the standard of care was met during pregnancy, labor, and delivery. These experts are trained to spot medical errors, identify signs of medical negligence, and determine if a child’s injury, such as cerebral palsy or brain damage, could have been prevented with proper care.
If you believe your child suffered a birth injury due to medical malpractice, the most important thing you can do is get help. Here’s what we recommend:
Seek Medical Attention: First and foremost, make sure your child is getting the best medical care possible. Their health and well-being are the absolute priority.
Gather Information: Keep all medical records, notes, hospital bills, and anything related to your pregnancy, labor, and your child’s first days. Write down everything you remember about the delivery—who was there, what was said, and any concerns you had.
Talk to our Experienced Legal Team: This is a big one. Medical malpractice birth injury cases are incredibly hard to prove. You need a legal team that has extensive experience with these types of cases, especially in New Jersey. At the Child Injury Firm, we know the specific laws, how to get an Affidavit of Merit, and how to fight against big hospitals and their insurance companies. Don’t just pick any lawyer; choose a team with a proven track record in child injury cases. The Child Injury Firm focuses only 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.
Legal action can help your family recover compensation for current and future medical expenses related to your child’s medical care. Many parents must miss work for ongoing treatments, adding to the financial burden of a birth injury.
If you suspect your child has suffered a birth injury, we offer a free consultation to help you understand your legal options and next steps.
Your family deserves answers and support during this difficult time.
Understanding medical malpractice birth injuries in New Jersey can feel like a lot. Here are the most important things to remember:
There are many excellent resources available for parents in New Jersey who have a child with a birth injury. These resources can provide support, information, and advocacy during a very difficult time.
These organizations can help you understand your child’s legal rights and the medical malpractice process in New Jersey.
LSNJ provides free legal assistance in civil matters to financially eligible individuals and families. They can be a starting point for legal advice and can offer referrals. You can find more information on their official website: https://www.lsnj.org/.
This organization provides educational content and resources for families affected by birth injuries. They can offer guidance on a variety of birth injury types and connect you with medical and legal resources. You can learn more here: https://birthinjurycenter.org/.
These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.
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. Visit their website for more details: https://cpfamilynetwork.org/.
This organization provides advocacy, support, and training to children and adults with intellectual and developmental disabilities and their families. Their state and local chapters can connect you with resources and support networks in your area. You can find their official site here: https://www.arcnj.org/.
NJID offers a wide range of programs and support for infants, children, and adults with developmental and related disabilities across New Jersey. You can find more about their services at their official site: https://www.njid.org/.
The state Department of Health maintains data and statistics on birth outcomes in New Jersey. They also provide information and resources related to maternal and child health that can be helpful for parents. You can visit their website here: https://www.nj.gov/health/.
The most important step is to make sure your child is safe and receiving the best medical care possible. After stabilizing your child’s health, request copies of all medical records from the hospital and doctors, write down what you remember about the delivery, and contact our experienced birth injury attorney right away.
You may be entitled to financial compensation that covers past and future medical expenses, physical therapy, speech or occupational therapy, special education costs, assistive or adaptive equipment, in-home care, loss of earning capacity, and damages for pain, suffering, and emotional distress. Compensation can also address your child’s pain, ensuring that both physical and emotional suffering are recognized. The financial compensation awarded in a birth injury lawsuit can ensure access to top-notch medical care throughout the child’s life. Additionally, the compensation can help cover the costs of in-home care or long-term care facilities. Our law firm is committed to helping families secure compensation and pursue the maximum compensation available for your child’s injuries and related costs.
Yes. New Jersey has strict requirements for malpractice cases, including the Affidavit of Merit, which must be signed by a medical expert confirming malpractice likely occurred. It is crucial to choose a birth injury lawyer and law firm with experience in New Jersey courts, judges, and procedures to ensure your case is filed correctly and aggressively pursued.
No. Most Birth Injury firms, such as The Child Injury Firm, work on a contingency fee basis. This means families pay no upfront fees—the attorney is only paid if the case is successful. Our New Jersey birth injury lawyers work on a contingency basis, meaning they only get paid if they win the case for their clients. This ensures families can pursue justice without the burden of high legal costs at the start.
Common causes include failure to monitor the baby’s oxygen levels, not reacting quickly enough to fetal distress, delays in performing an emergency C-section, misuse of delivery instruments (forceps or vacuum), incorrect medication administration, and ignoring known maternal risk factors.
The most common include:
Because birth injuries affect the child’s lifetime, these cases often involve multi-million-dollar settlements or verdicts. The value depends on the severity of the injury, the cost of future care and support, and the impact on the child’s quality of life. Compensation is intended to support the child’s life and ensure their quality of life over time. The compensation awarded in birth injury lawsuits also depends on the level of negligence involved. Courts recognize that lifelong needs require significant compensation.
Hospitals and insurers often dispute malpractice claims. In these situations, filing a birth injury claim or, in tragic cases, a wrongful death lawsuit may be necessary. Our skilled attorneys will gather evidence, hire medical experts to review records, and show how the providers failed to meet the standard of care. Courts rely heavily on expert testimony in these cases, making experienced legal representation essential.
Start by:
Seeking evaluations from pediatric specialists to confirm diagnosis and long-term needs.
These records will help ensure your attorney can prove that malpractice occurred and quantify damages for the case.
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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