Washington DC Birth Malpractice Lawyer

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The birth of a child should be a moment of pure joy, especially here in our nation’s capital, Washington D.C. Families eagerly await the arrival of their little one at respected hospitals like MedStar Washington Hospital Center or Sibley Memorial, placing immense trust in the medical teams guiding them through labor and delivery. You expect safety, competence, and the healthy arrival of your baby.

But sometimes, the unexpected happens. Sometimes, that trust is broken. Instead of celebrating, families are faced with confusion, fear, and the devastating reality of a birth injury. Some families may also face birth defects, which are different from birth injuries. Birth defects are abnormalities present at birth, typically caused by genetic or environmental factors during fetal development, and are usually not related to medical negligence.

A birth injury isn’t just a difficult start; it can mean a lifetime of challenges, medical needs, and overwhelming questions. The impact on the child’s injuries can be profound, requiring immediate and long-term attention to address the consequences and support the child’s recovery. The most persistent and painful question often is: “Could this birth injury have been prevented?”

For decades, our team at The Child and Birth Injury Firm has dedicated itself to helping families whose children have suffered due to medical mistakes. We’ve walked alongside countless parents across the country as they navigate the complex aftermath of a birth injury. We understand the emotional and financial toll it takes. We are more than just lawyers; we are advocates committed to finding the truth behind your child’s birth injury, holding negligent medical professionals accountable, and securing the resources necessary for your child’s injuries and recovery so your child can thrive. This guide provides essential information for Washington D.C. families facing the reality of a birth injury.

Was Your Child's Harm a Tragic Problem or a Preventable Mistake?

After a traumatic birth, a doctor’s diagnosis can be devastating. As a parent, you need to know if this was a health problem that could not be helped or a medical error that should not have happened.

Birth defects are tragic problems that develop in the womb—these are abnormalities present in the baby caused by genetic or environmental factors during fetal development, and are often unrelated to medical negligence. It is a heartbreaking event, but it is typically no one’s fault.

A birth injury is completely different. It is a preventable mistake. This is damage that happens during the birthing process because a medical professional failed to provide the proper standard of care. This negligence is what turns a normal delivery into a lifelong tragedy.

Understanding this difference is everything. A birth defect is a medical issue. A birth injury is a legal one. If your child was harmed, you deserve to know if it was caused by a medical error. A careful investigation is the only way to get the truth.

How Can Washington D.C. Parents Recognize Medical Malpractice in a Birth Injury?

You don’t need a medical degree to feel that something wasn’t right during your child’s birth. Maybe you noticed concerning signs on the monitor, felt procedures took too long, or sensed panic in the room. Trust your intuition. If you believe your child’s birth injury could have been avoided, it deserves a closer look. If you sense something wrong or have any specific concerns about the events surrounding your child’s birth, the best thing to do is chat with our experienced Birth Injury Lawyer Team.

Legally, proving a medical malpractice birth injury case in Washington, D.C. hinges on the concept of the “standard of care.”

Imagine the standard of care as the accepted way that reasonably careful and skilled doctors, nurses, and hospitals in the Washington D.C. area are expected to act in a specific medical situation. It’s the benchmark for safe and competent medical practice. Medical malpractice occurs when a healthcare provider’s actions (or inaction) fall below this established standard of care, and this failure directly causes harm – in this case, a birth injury.

To build a successful birth injury claim, our team must demonstrate four key points:

  • Establishing Duty: We first prove that a doctor-patient relationship existed, which legally required the medical team to provide competent care to both mother and child.
  • Proving a Breach: We then demonstrate that the medical team failed to meet the “standard of care”—meaning they made a mistake that a reasonably careful peer in D.C. would not have, such as when a doctor failed to perform a timely C-section or respond to signs of distress.
  • Linking Negligence to Harm: Next, we must show that this specific breach of duty directly caused the birth injury, fighting back against claims that the injury was caused by something else.
  • Calculating Damages: Finally, we document the significant harm and damages resulting from the injury, including all medical costs, the need for future care, and the pain and suffering.
    When seeking the best outcome for your child after a birth injury, understanding whether the standard of care was met is paramount. A thorough, independent investigation is the only way to get clear answers.

What Kinds of Preventable Birth Injuries Commonly Occur in D.C. Hospitals?

A birth injury can manifest in many ways, ranging widely in severity. Common birth injuries include conditions such as cerebral palsy, brachial plexus injuries, and fractures, which are most frequently seen in newborns due to complications during delivery. Birth injuries occur during the delivery process, often as a result of medical negligence or mistakes made by healthcare providers. Some children recover fully, while others face lifelong disabilities. Our firm has extensive experience handling the full spectrum of these complex cases. Here are some of the more common types of birth injury frequently associated with medical negligence during labor and delivery in Washington, D.C.:

  • Brain Injuries Due to Oxygen Deprivation
    The most catastrophic birth injuries often involve damage to the baby’s brain, typically caused by a lack of oxygen (asphyxia) during labor or delivery. Early brain development in infants is critical, and any injury to the baby’s brain at this stage can result in lifelong consequences, affecting cognitive, physical, and emotional development.
  • Hypoxic-Ischemic Encephalopathy (HIE): This clinical diagnosis describes brain damage resulting from reduced oxygen and blood flow around the time of birth. HIE can range from mild to severe and is a primary cause of long-term neurological problems. Often, HIE occurs because fetal distress was not recognized or acted upon quickly enough, delaying necessary interventions like an emergency C-section. This is a tragically common type of birth injury.
  • Cerebral Palsy (CP): Cerebral Palsy refers to a group of permanent movement disorders that affect muscle tone, posture, and coordination. While CP can have various causes, a significant portion of cases are directly linked to brain damage sustained during birth, often as a result of HIE. Cerebral palsy occurs when damage to a baby’s brain happens around the time of birth, underscoring the importance of early brain development for a child’s motor functions. A birth injury leading to CP means a lifetime of therapy, medical care, and potential limitations. Families often search for the best therapists and specialists “near me” to help their child. Investigating the cause of CP is crucial, as many cases stem from a preventable birth injury.
  • Periventricular Leukomalacia (PVL): This involves damage to the brain’s white matter, the nerve fibers that transmit signals. PVL is often seen in premature infants but can also result from oxygen deprivation or infection during birth, potentially indicating a birth injury related to negligent care.
  • Nerve Damage During Delivery
    The physical forces involved in birth, especially a difficult one, can sometimes stretch or tear the delicate nerves in a baby’s neck, shoulder, or face. The brachial plexus nerves are a network of nerves that control movement and sensation in the arm and hand, and damage to these nerves can result in conditions like Erb’s palsy.
  • Brachial Plexus Injuries (Erb’s Palsy / Klumpke’s Palsy): Erb’s palsy is a common birth injury caused by damage to the brachial plexus nerves during childbirth, often when a baby’s shoulder becomes lodged (shoulder dystocia) and excessive traction or improper maneuvers are used. This nerve damage specifically affects the upper arm, resulting in weakness or paralysis. Early diagnosis and treatment of Erb’s palsy and other brachial plexus nerve injuries are crucial to improve outcomes for affected children. Klumpke’s Palsy involves the lower arm and hand. Both types of injuries may require extensive physical therapy and sometimes surgery. A severe brachial plexus injury is a significant birth injury.
  • Facial Nerve Palsy: Pressure on the baby’s face during labor or during forceps delivery can injure the facial nerve, leading to weakness or paralysis on one side of the face. While often temporary, it can sometimes be a permanent birth injury.
  • Physical Trauma, Fractures, and Lacerations
    Excessive force or the improper use of instruments during delivery can cause direct physical harm.
  • Fractures: The clavicle (collarbone) is the most commonly fractured bone during birth, often associated with shoulder dystocia. Skull fractures are a much more serious birth injury and can occur with difficult forceps or vacuum deliveries.
  • Cephalohematoma: A collection of blood under the scalp, confined to one skull bone. Unlike general scalp swelling (caput succedaneum), a cephalohematoma is often caused by trauma from delivery instruments and carries a higher risk of complications like severe jaundice, which itself can lead to brain damage if untreated – another potential birth injury.
  • Lacerations and Bruising: While minor bruising is common, deep cuts or extensive bruising, especially from forceps, can indicate excessive force was used, potentially constituting a birth injury.
  • Infections Acquired During Birth
    Failure to screen for or appropriately treat maternal infections can lead to serious, life-threatening infections in the newborn.
  • Group B Streptococcus (GBS): Standard practice requires screening pregnant women for GBS and administering antibiotics during labor if positive. Failure to follow this protocol can lead to GBS sepsis or meningitis in the baby, a severe and potentially fatal birth injury.
  • Herpes Simplex Virus (HSV): If a mother has active genital herpes lesions during labor, a C-section is typically recommended to prevent transmission to the baby, which can cause severe neurological damage or death. Failure to recognize lesions or recommend a C-section can be negligence leading to a birth injury.
  • Chorioamnionitis: An infection of the amniotic fluid and membranes, often requiring prompt delivery and antibiotics. Failure to diagnose or treat chorioamnionitis can lead to infection and brain damage in the baby, a serious birth injury.
    Identifying the specific type of birth injury is the first step; understanding why it happened is the crucial next step in determining if medical malpractice occurred.

Why Do These Preventable Birth Injuries Happen in D.C.? What Are the Common Medical Mistakes?

A serious birth injury is rarely unavoidable. It typically results from one or more failures by the medical team to follow established safety protocols and standards of care. In Washington D.C.’s busy delivery wards, several common errors can lead to devastating consequences:

  • Failure to Adequately Monitor Fetal Well-being: Electronic fetal monitoring (EFM) provides continuous data on the baby’s heart rate and the mother’s contractions. Competent nurses and doctors must be able to correctly interpret these patterns. Concerning patterns (like late decelerations, severe variable decelerations, or prolonged bradycardia) indicate the baby may be struggling with oxygen supply. Ignoring these signs, misinterpreting them, or delaying intervention is a frequent cause of HIE and Cerebral Palsy – a catastrophic birth injury.
  • Delayed Recognition and Management of Labor Complications: Problems can arise during labor, such as shoulder dystocia, umbilical cord prolapse (where the cord comes out before the baby), or uterine rupture. Each requires specific, timely maneuvers or an emergency C-section. Medical teams must act quickly in these emergency situations—delays or failure to respond swiftly can result in serious birth injuries or complications. Failure to recognize these complications promptly or execute the correct procedures can directly cause a severe birth injury.
  • Errors in Ordering or Performing a Cesarean Section: When vaginal delivery becomes unsafe for mother or baby, a timely C-section is critical. Unreasonable delays – whether due to physician indecision, inadequate staffing, or lack of operating room availability – can lead to prolonged oxygen deprivation and a permanent brain birth injury. Conversely, performing a C-section improperly can also cause injury.
  • Negligent Use of Delivery-Assisting Tools: Forceps and vacuum extractors can be helpful when used correctly by skilled practitioners. However, improper placement, excessive force, or prolonged use can cause skull fractures, intracranial hemorrhage (brain bleeds), facial nerve damage, or brachial plexus injuries – all severe forms of birth injury.
  • Medication Errors During Labor: Mismanagement of drugs like Pitocin (oxytocin) or epidural anesthesia can be dangerous. Too much Pitocin can cause hyperstimulation of the uterus, leading to contractions that are too strong or too frequent, reducing blood flow and oxygen to the baby. Errors in epidural placement or dosage can cause a dangerous drop in the mother’s blood pressure, also affecting the baby’s oxygen supply and potentially causing a birth injury.
  • Failure to Manage High-Risk Pregnancies Appropriately: Pregnancies involving factors like gestational diabetes, preeclampsia, maternal obesity, multiple births, or a history of difficult deliveries require heightened monitoring and specialized care plans. Failure to identify these risks or implement appropriate management strategies can increase the likelihood of complications and a resulting birth injury.
  • Communication Breakdowns: Clear communication among doctors, nurses, anesthesiologists, and pediatricians is essential, especially during emergencies. A failure to effectively communicate critical information about the mother’s or baby’s status can lead to delays in treatment and contribute to a preventable birth injury.
    Understanding these common pitfalls helps our team focus the investigation when a family suspects their child’s birth injury resulted from medical negligence in a Washington D.C. hospital.

What Should a Family Do After a Birth Injury in Washington D.C.? Understanding Your Legal Rights.

If your child has suffered a birth injury in Washington D.C. and you suspect medical negligence was involved, understanding your legal rights is crucial. Families may pursue legal action to seek compensation for long-term care needs when standard medical care is not provided. D.C. has specific laws and procedures governing medical malpractice claims. Birth injury litigation is a highly technical area of medical malpractice law that addresses cases where injuries result from negligence or errors during childbirth, and it plays a critical role in advocating for victims and their families.

  • The Washington D.C. Statute of Limitations for Medical Malpractice:
    A critical deadline exists for filing any medical malpractice lawsuit, including those for a birth injury. This deadline is called the statute of limitations. In the District of Columbia, the general statute of limitations for medical malpractice is three years from the date the injury suffered occurred or was (or reasonably should have been) discovered.
  • Special Rule for Minors: D.C. law provides an important protection for children injured at birth. The statute of limitations for a minor’s medical malpractice claim is generally “tolled” (paused) until the child reaches the age of majority (18). This means that technically, a lawsuit for a birth injury could potentially be filed until the child’s 21st birthday.
  • Why You Shouldn’t Wait: Despite the tolling provision for minors, it is never advisable to wait years to investigate a potential birth injury claim. Evidence disappears quickly (fetal monitor strips may not be saved indefinitely, hospital staff move on, memories fade). The sooner you contact a birth injury lawyer, the stronger the potential case will be. Acting promptly allows for a thorough investigation while crucial evidence is still available.
  • Washington D.C.’s Notice of Intent Requirement: Before filing a medical malpractice lawsuit in D.C. Superior Court, the plaintiff (represented by their lawyer) must provide written Notice of Intention to File Suit to all potential healthcare provider defendants at least 90 days before filing the lawsuit. This notice must outline the basis of the claim. Failure to comply with this pre-suit notice requirement can lead to the dismissal of your birth injury case. An experienced D.C. birth injury lawyer likr those on our team will ensure this procedural step is handled correctly.
  • Expert Certification (Implicit Requirement) – While D.C. doesn’t have a formal “Certificate of Merit” requirement like some other states at the initial filing stage, proving a medical malpractice birth injury case always requires supportive testimony from qualified medical experts. Expert testimony is crucial in establishing negligence and ensuring that evidence meets court standards in birth injury cases. These experts must establish the applicable standard of care, demonstrate how the defendant breached that standard, and confirm that the breach caused the birth injury. Your lawyer will need to secure these expert opinions early on to build a viable case. This underscores the need to work with a firm that has strong relationships with highly credible medical experts.
  • Contributory Negligence in Washington D.C.: Washington D.C. follows a harsh legal doctrine called contributory negligence. This rule states that if the injured party (or, in some contexts, the parent in a birth injury case, although this is complex) is found to be even 1% at fault for contributing to the injury, they are completely barred from recovering any compensation. This is different from the “comparative negligence” rules used in Maryland and Virginia. While a baby is not generally considered contributorily negligent for his or her parent’s actions in a typical birth injury scenario, defense lawyers can sometimes successfully argue that the parent’s negligence was the cause of the baby’s harm. This makes having a skilled birth injury lawyer who can effectively counter these arguments even more critical in D.C.

Are There Unique Birth Outcome Stats for Washington D.C.?

Yes, Washington D.C. has unique health statistics that provide important context for birth injury risks. Washington DC families should be aware that these statistics reflect local healthcare challenges and risks specific to the District of Columbia. Understanding these can highlight areas where medical vigilance is especially crucial. For families affected by a Washington DC birth injury, knowing the local risks and legal processes is essential for seeking justice and appropriate compensation.

  • Preterm Birth Rates & Disparities: The March of Dimes consistently gives D.C. a failing grade (“F”) for preterm births. Critically, their data reveals stark racial and geographic disparities. Preterm birth rates are significantly higher for Black infants compared to White infants in D.C., and rates vary dramatically by Ward, with Wards 7 and 8 often experiencing the highest rates. Preterm babies face a much higher risk of complications and birth injury, meaning healthcare providers serving these higher-risk populations must be exceptionally diligent.
  • Infant Mortality Rates: Similarly, D.C.’s overall infant mortality rate is often higher than the national average, again with significant disparities across racial lines and geographic Wards. While not all infant deaths are due to a birth injury, high rates can sometimes reflect underlying issues in the quality or accessibility of prenatal and obstetric care, factors that can contribute to preventable birth injuries. (D.C. Department of Health data often contains detailed reports).
  • C-Section Rates: While C-sections can be life-saving, unnecessarily high rates can also pose risks. National organizations like The Leapfrog Group track hospital-specific C-section rates (particularly NTSV C-section rates – for first-time, low-risk pregnancies). Comparing rates at D.C. hospitals can sometimes offer insights into delivery practices. A very high rate might warrant questions about whether vaginal births are being appropriately managed, while a failure to perform a timely C-section when needed is a direct cause of many birth injuries.
  • These statistics don’t prove negligence in any individual case, but they paint a picture of the healthcare landscape and highlight areas where systemic improvements may be needed to prevent future birth injuries in Washington D.C.

Key Takeaways for Washington D.C. Families Facing a Birth Injury from Our Team of Birth Injury Lawyers

  • A birth injury is damage occurring during delivery, often preventable and distinct from a birth defect. If medical negligence caused it, it’s malpractice.
  • Proving a birth injury case in D.C. requires showing a breach of the standard of care that directly caused harm.
  • Common causes include failure to monitor fetal distress, delayed C-sections, improper use of instruments, and mismanaged high-risk pregnancies, resulting in conditions like HIE, Cerebral Palsy, or Erb’s Palsy.
  • Washington D.C. has a three-year statute of limitations for medical malpractice, but special rules tolling it for minors exist. Prompt action is still crucial.
  • D.C. requires a 90-day Notice of Intent before filing a medical malpractice lawsuit.
  • D.C.’s harsh contributory negligence rule makes having skilled legal representation essential.
  • A birth injury lawsuit seeks compensation for a lifetime of needs: medical care, therapy, adaptive equipment, special education, lost earning capacity, and pain/suffering.
  • D.C. faces challenges with high preterm birth rates and disparities, highlighting the need for vigilant medical care.
  • Choosing the best lawyers, including our experienced team of birth injury attorneys and experienced birth injury lawyers with deep experience in D.C. birth injury cases and the resources to fight large hospital systems, is critical to seek justice and secure fair compensation for your child.  

What Resources Are Available for D.C. Families with a Child Injured at Birth?

Raising a child with a birth injury requires a strong support system. Washington D.C. offers various resources to help families navigate the medical, educational, and emotional challenges:

DC Department on Disability Services (DDS): The primary D.C. agency providing services and support for residents with developmental and other disabilities, including those resulting from a birth injury. They manage programs like the Developmental Disabilities Administration (DDA).

Parent Training and Information Center (PTI) - Advocates for Justice and Education (AJE): A D.C.-based organization designated to provide parents of children with disabilities (including birth injuries) with training, information, and advocacy support, particularly regarding special education rights (IEPs).

Children's National Hospital - Centers for Neuroscience and Behavioral Medicine: Offers specialized diagnostic and treatment services for children with neurological conditions often associated with a birth injury, like Cerebral Palsy or HIE.

Kennedy Krieger Institute (Baltimore, serving the region): A world-renowned institution specializing in disorders of the brain, spinal cord, and musculoskeletal system. Many D.C. families access their specialized programs for conditions resulting from a birth injury.

Local Support Groups: Searching online for specific condition groups (e.g., “Cerebral Palsy support group DC,” “Brachial Plexus support near me”) can connect families with others facing similar challenges. Early intervention programs through DC Public Schools or DC Health can also be vital.

Common Questions Parents Ask Our Birth Injury Lawyers in D.C.

  • If my child suffered a birth injury in D.C., how do I start an investigation without upsetting our medical team? It’s completely normal to feel this way. The first step is to schedule a free consultation or free initial consultation with a medical malpractice lawyer experienced in birth injury cases to discuss your child’s injuries. You don’t need to confront your doctors or the hospital. Our firm handles obtaining all necessary medical records and engaging independent medical experts to review your child’s birth injury case discreetly. Our focus is on fact-finding to determine if medical negligence occurred, a process separate from your ongoing medical care.
  • What if the D.C. hospital claims my child’s birth injury was unavoidable or due to a rare complication? Hospitals and insurers often try to minimize fault. This is why strong legal representation and consulting a medical malpractice lawyer is vital. We work with independent medical experts to objectively assess if the care met the standard. A rare complication doesn’t excuse negligence if the team wasn’t prepared or responsive. We ensure your child’s birth injury isn’t dismissed without an impartial review.
  • My child’s birth injury wasn’t diagnosed until months later in D.C. Can we still pursue a claim? Yes. Many serious birth injuries like cerebral palsy aren’t diagnosed until developmental milestones are missed. D.C.’s statute of limitations includes a “discovery rule,” meaning the clock may start when the injury or negligence should have reasonably been discovered. For minors, the time limit is often paused (“tolled”) until they turn 18. Discuss your specific timeline with a lawyer immediately to protect your right to compensation for your child’s injury.
  • How will a birth injury lawsuit impact my child’s future medical care in Washington D.C.? A lawsuit aims to secure funding for future care, not disrupt it. A successful claim can provide access to the best treatments and therapies. Your existing medical providers are generally unaffected, and any settlement would supplement necessary services. We fight to ensure your child has lifelong access to needed care after a birth injury.
  • Our family relies on state assistance programs. Will a birth injury settlement affect our eligibility? This is very important. A large settlement could impact needs-based benefits like Medicaid or SSI. An experienced birth injury lawyer can help establish a “Special Needs Trust.” This legal tool allows settlement funds to be managed for your child’s benefit (covering things benefits don’t) without disqualifying them from essential government assistance, protecting their financial future after a birth injury.

Top Resource Groups in New Jersey

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.

Patient Advocacy and Legal Information

These organizations can help you understand your child’s legal rights and the medical malpractice process in New Jersey.

1

Legal Services of New Jersey (LSNJ)

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/.

2

The Birth Injury Center

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/.

Medical and Support Organizations

These resources offer medical information, support groups, and programs for children with disabilities resulting from birth injuries.

1

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. Visit their website for more details: https://cpfamilynetwork.org/.

2

The Arc of New Jersey

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/.

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 New Jersey. You can find more about their services at their official site: https://www.njid.org/.

Government and Official Resources

1

New Jersey Department of Health

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/.

Common Questions About Medical Malpractice Birth Injury in 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 New Jersey?

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.

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

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.

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

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.

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

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.

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

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.

What types of mistakes usually lead to birth injury malpractice cases in New Jersey?

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.

Which birth injuries are most often linked to medical negligence in New Jersey?

The most common include:

  • Cerebral palsy caused by oxygen deprivation
  • Hypoxic-ischemic encephalopathy (HIE) caused by lack of oxygen or blood flow to the brain
  • Erb’s palsy/brachial plexus injuries due to improper handling of shoulder dystocia
  • Fractures and spinal cord injuries from excessive delivery force
    These conditions can leave children with permanent physical or cognitive impairments.
How much are birth injury cases in New Jersey typically worth?

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.

What happens if the hospital or doctor denies responsibility for my child’s birth injury?

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.

What steps can parents take right now to strengthen a potential case?

Start by:

  1. Requesting full medical records and bills from the hospital.
  2. Saving any written communication with doctors or nurses.
  3. Keeping a journal of your child’s symptoms and treatments.

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.

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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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