Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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Newark, Delaware, home to the University of Delaware, is a dynamic community where many young families put down roots. The birth of a child is meant to be a joyous occasion, a fresh start filled with promise. Yet, for some families in Newark, that promise is tragically overshadowed by a birth injury – an unforeseen and often preventable harm that occurs during labor and delivery. If your child suffered a birth injury at a Newark hospital, you are likely left with agonizing questions about what happened and why. Our team at The Child and Birth Injury Firm has decades of experience helping families navigate these incredibly difficult circumstances. We are dedicated to our clients and have a proven track record of securing justice and substantial compensation for those we represent. We are committed to meticulously investigating every detail to uncover the truth behind your child’s injury and to secure the comprehensive support they will need for a lifetime. Our goal is to achieve the best outcome for every family we represent. This page focuses on birth injury concerns relevant to Newark families. For a broader understanding of medical malpractice and birth injury law across Delaware, please visit our main resource: Medical Malpractice Birth Injury in Delaware.
A birth injury refers to any damage to a baby that occurs during the birthing process. Birth injuries can happen just before, during, or shortly after the delivery process, often as a result of improper handling or medical errors. Understanding the delivery process is important for both medical and legal reasons, as it helps identify when and how an injury may have occurred. It’s crucial to differentiate this from a birth defect, which is typically a pre-existing condition. A birth injury often signals that a medical professional – a doctor, nurse, or hospital – failed to uphold the “standard of care” expected in their profession. This standard dictates the prudent and skillful actions that a medical professional in Newark should take in similar delivery situations. When a breach of this standard directly causes a baby’s birth injury, it constitutes medical malpractice. Proving such a case involves a rigorous examination of medical records, consultations with specialized medical experts, and a deep understanding of legal precedent. Our firm has the resources and expertise to undertake this complex investigative work for families in Newark. It is important to consult our birth injury attorneys promptly after a suspected injury, as they can assess potential malpractice, navigate statutes of limitations, and provide crucial legal guidance. Experienced birth injury lawyers play a key role in navigating complex legal processes and advocating fiercely for families impacted by birth traumas.
Factors Unique to Birth Injury Cases in a University Town Like Newark. Newark’s connection to the University of Delaware and its proximity to major medical research can sometimes introduce unique factors into birth injury cases. While not direct causes of negligence, these points highlight the need for a thorough investigation: Specific circumstances—such as the baby’s size, position, labor duration, and use of medical tools—can significantly influence the risk and nature of birth injuries.
The primary hospital where most babies are born for Newark residents and the surrounding area is:
Our firm’s experience with large medical institutions ensures we are prepared to challenge any defenses put forth by hospitals or their powerful insurance providers in a birth injury case.
Understanding the statute of limitations is a vital first step for Newark families considering a birth injury claim. In Delaware, the law generally allows just two years from the date of the injury or its discovery to file a medical malpractice lawsuit, including those involving birth injuries. However, recognizing that some birth injuries—such as cerebral palsy or brachial plexus injuries—may not be immediately apparent, Delaware extends this deadline for minors: families have until the child’s sixth birthday to take legal action if the injury occurred before age six. This extension is crucial, as the full extent of a child’s injury may only become clear as they grow and develop. Conditions like spinal cord injuries, facial paralysis, or developmental delays might not be diagnosed right away, making it essential for families to act promptly once they suspect medical negligence. Consulting an experienced birth injury attorney as soon as possible is the best way to protect your legal rights and ensure you do not miss the time limit for filing a claim. During an initial consultation—often provided at no cost—a birth injury lawyer will review your child’s medical records and all relevant information to determine whether medical malpractice may have occurred. The right birth injury lawyer will explain your legal options, including the potential for a birth injury lawsuit to secure compensation for medical expenses, ongoing care, emotional distress, and other damages. A proven track record in birth injury law is essential when choosing legal representation. The negotiation process with healthcare providers and their insurers can be complex, especially in cases involving wrongful death, common birth injuries, or lifelong disabilities. Our experienced injury lawyers will fight tirelessly to pursue justice for your child, aiming for successful results and maximum compensation to support your family’s needs—now and in the future. If you are unsure about the specifics of your case or whether you are within Delaware’s statute of limitations, do not hesitate to reach out for a free consultation. The best course of action is to seek guidance from our birth injury attorneys who understand the full extent of medical malpractice cases and can help you navigate the legal process with your child’s best interests at heart. Acting quickly can make all the difference in securing the compensation and justice your family deserves.
Caring for a child with a birth injury requires ongoing support. Children with birth injuries may require ongoing medical treatments and physical therapy as part of their rehabilitation and care. Newark and its vicinity offer several valuable resources:
Finding the best local services “near me” is vital for the holistic well-being of a child with a birth injury.
What if I signed a consent form at the Newark hospital? Does that mean I can’t sue for a birth injury? Signing a consent form acknowledges risks inherent in any medical procedure, but it does not give medical professionals a license to be negligent. Consent forms are for known, accepted risks, not for injuries caused by a breach of the standard of care. If a doctor or nurse made a mistake that directly caused your child’s birth injury, regardless of what you signed, you likely still have grounds for a claim. Lawyers experienced in birth injury cases can help families understand their rights and options. We would review all consent forms as part of our investigation into your child’s birth injury.
My child’s pediatrician in Newark suspects a birth injury but is hesitant to say “malpractice.” What does this mean? It’s common for doctors to be hesitant to directly accuse a colleague of malpractice, especially without a full legal investigation. Their role is to treat and diagnose, not to provide legal opinions. Their suspicion, however, is a very strong indicator that something went wrong. This is precisely when you need an experienced birth injury legal team to step in. We gather the facts and have independent experts make the determination about medical negligence and whether it caused the birth injury. Medical malpractice laws in Delaware govern these cases, and legal expertise is crucial to navigate these laws and build a strong claim. Don’t let a doctor’s reluctance to use the word “malpractice” stop you from seeking answers.
How can I find the best medical experts for my child’s birth injury case if they’re not in Newark? Our firm works with a national network of the best medical experts, including neonatologists, obstetricians, neurologists, and life care planners from across the country. These experts provide unbiased, authoritative opinions crucial for a birth injury case. Their location outside of Newark or even Delaware doesn’t hinder their ability to review medical records and testify. In fact, relying on experts who don’t have ties to local hospital systems can potentially ensure greater impartiality in a birth injury case. Our firm has recovered millions for clients in similar cases, demonstrating our commitment to securing the best possible outcomes.
Can a birth injury claim help cover the costs of special education for my child in Newark? Absolutely. A significant component of a birth injury lawsuit is ensuring compensation for a child’s educational needs, especially if they require special education services. This can include specialized schooling, tutoring, adaptive equipment for learning, and future vocational training that might not be fully covered by public school systems. Compensation can also include loss of earning capacity for your child’s future, addressing the long-term financial impact of the injury. Our goal is to secure funds that empower your child to reach their full potential, addressing all aspects of their life impacted by the birth injury, including the best educational opportunities. Securing fair compensation for all damages is essential to support your child’s lifelong needs.
What if my child’s birth injury was due to a faulty piece of medical equipment used in the hospital? If a birth injury was caused by a defective medical device, the claim could involve not only the hospital or medical staff but also the manufacturer of the equipment. This adds another layer of complexity to the birth injury case, potentially becoming a product liability claim in addition to medical malpractice. Our team has experience with these multi-faceted cases and can investigate whether a faulty vacuum extractor, fetal monitor, or other device contributed to your child’s birth injury. Improper use of medical equipment can cause brain injuries, brain damage, or conditions like Erb’s Palsy, all of which may require extensive treatment and long-term care. It’s crucial to identify all potentially liable parties. Additionally, understanding your state’s statute of limitations for filing such claims is vital, as these deadlines can affect your ability to pursue compensation.
These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.
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, and they have a strong presence in Atlantic County. Website: https://thearcatlantic.org/
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 across New Jersey.Website: https://cpofnj.org/
NJID offers a wide range of programs and support for infants, children, and adults with developmental and related disabilities across New Jersey. Their services include early intervention programs, specialized schooling, and adult services. Website: https://www.njid.org/
Not all injuries are malpractice. Our legal team with medical experts must review records to determine if the standard of care was breached.
Usually two years, but for children, this may extended. However, acting quickly preserves evidence and strengthens your case.
Birth defects are typically genetic or developmental. Birth injuries occur during labor or delivery and may be preventable with proper care.
No. Providers cannot legally deny care because of a lawsuit. You can also transfer care to new providers if needed.
Case value depends on injury severity, lifetime medical needs, and loss of earnings. Many cases result in multi-million-dollar settlements or verdicts.
Consent forms do not excuse negligence. They only acknowledge known risks, not preventable errors.
Claims can be brought against any negligent party: doctors, nurses, anesthesiologists, or the hospital itself.
Get medical care for your child, secure records, and speak to our birth injury lawyers immediately.
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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