When can a birth injury claim be filed?
A birth injury claim in New Jersey can be filed when a child has suffered an injury or illness due to medical negligence during pregnancy, labor, or delivery. The claim can be filed by the injured child or the parents of the child, and may be done against a doctor, nurse, healthcare facility, or any other medical provider involved in the care of the mother or child during the pregnancy, labor, or delivery. In order to file a birth injury claim in New Jersey, the injury must have been caused by medical negligence. This means that the medical provider was negligent in providing the care, and that the negligence directly led to the injury or illness. It is important to note that any injury or illness that occurs due to medical negligence must be reported to the New Jersey Department of Health within ninety days of the injury or diagnosis in order for a birth injury claim to be filed. It is also important to note that a birth injury claim must be filed within a certain timeframe. Generally, a claim must be filed within two years of the date of the injury or two years from when the illness was diagnosed. This two-year deadline is important and failure to meet it will result in the claim being dismissed. In conclusion, a birth injury claim in New Jersey can be filed when a child has suffered an injury or illness due to medical negligence during pregnancy, labor, or delivery. The claim must be filed within two years of the date of the injury or two years from when the illness was diagnosed. Additionally, any injury or illness that occurs due to medical negligence must be reported to the New Jersey Department of Health within ninety days of the injury or diagnosis in order for a birth injury claim to be filed.
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