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.
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.
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.
This isn’t about blaming doctors for every tough birth. But other times, injuries are caused by mistakes that could have been avoided. And in those cases, families deserve answers and help.
Birth injuries can be very different, and they can affect a child for their whole life. Here are some of the common types we see that might be due to medical mistakes:
It’s important to remember that not all of these injuries are due to malpractice. But when they happen because of a doctor’s mistake, it’s a different story, and families deserve to know what happened. Our team works hard to get to the bottom of these complex situations.
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. 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.
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. Below is a simplified law-at-a-glance chart that shows the main requirements families should know
| Legal Requirement | What It Means | How It Affects Families |
|---|---|---|
| Statute of Limitations | A strict deadline for filing a lawsuit. |
Adults: generally 2 years from the date of injury or when it was reasonably discovered. Children: often extended, but early action is always best. |
| 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” malpractice occurred. Without it, the case can be dismissed. |
| Damages (Compensation) | Money 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. |
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.
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, 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. Our firm, 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.
Understanding medical malpractice birth injuries in New Jersey can feel like a lot. Here are the most important things to remember:
Birth injuries can be caused by preventable medical mistakes.
Common injuries include Cerebral Palsy, Erb's Palsy, and brain injuries due to lack of oxygen.
New Jersey law has specific rules, like a two-year time limit (statute of limitations) and the need for an Affidavit of Merit.
If you suspect malpractice, focus on your child's care first, then gather all records, and talk to our experienced birth injury legal team right away.
Choosing a legal team that is experienced in child injury cases like ours, especially those related to birth, is crucial.
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.
The general rule is two years from the date of injury or when you reasonably discover the injury. For children, there are exceptions that may extend the timeline, but each case is unique. You should always consult our lawyers as soon as possible to avoid missing critical deadlines.
Compensation can include coverage for: past and future medical bills, 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 hardship.
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. An attorney familiar with New Jersey courts, judges, and procedures will 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. 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. Courts recognize that lifelong needs require significant compensation.
Hospitals and insurers often dispute malpractice claims. 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, which is why experienced legal representation is 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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