When most people hear “birth injury,” they think about labor and delivery. However, many of the most devastating pediatric malpractice cases in New Jersey happen after a baby leaves the hospital. Infants, toddlers, and older children can suffer life-changing harm when serious infections and emergencies are missed or brushed off as something minor.
Conditions like meningitis, sepsis, appendicitis, and serious RSV infections often start with “typical” symptoms such as fever, vomiting, or breathing trouble. The difference between a full recovery and permanent disability can be a matter of hours. When doctors, hospitals, or urgent care centers fail to recognize the danger, children can be left with brain damage, amputations, or worse.
As a firm that focuses exclusively on medical malpractice in New Jersey, we see the aftermath of these failures far too often. Families come to us after doing exactly what they were told to do: calling the pediatrician, going to the emergency room, and trusting the professionals. Our job as a pediatric malpractice lawyer in NJ is to investigate what went wrong and to fight for the resources a child will need for the rest of their life. In this article, we walk through:
- Common pediatric conditions that are frequently missed or misdiagnosed
- Warning signs parents should insist providers take seriously
- How delayed treatment can lead to brain damage, amputations, or wrongful death
- When families can pursue a malpractice claim, and what evidence matters most
Common Pediatric Conditions That Are Frequently Missed or Misdiagnosed
Young children often cannot explain how they feel. Many serious illnesses start out looking like a cold, the flu, or a stomach bug. Because of that, pediatric malpractice often involves misdiagnosis or delayed diagnosis of dangerous conditions.
Here are some of the most concerning examples we see.
Meningitis
Meningitis is an infection of the membranes that surround the brain and spinal cord. It is a true medical emergency. Bacterial meningitis can progress rapidly and has a high risk of death or permanent neurologic injury if treatment is delayed.
Common symptoms in children can include:
- Fever and chills
- Severe headache
- Stiff neck
- Sensitivity to light
- Nausea and vomiting
- Confusion or changes in mental status
- In babies, a bulging soft spot, poor feeding, or unusual irritability
These symptoms can overlap with viral infections, which is one reason meningitis is sometimes missed. However, national pediatric and neurology organizations stress that suspected meningitis requires immediate evaluation and often urgent antibiotics.
When a missed meningitis diagnosis in a child in New Jersey reaches us, we often find that parents reported red flag symptoms again and again, only to be told it was a virus, to “wait and see,” or to give more over-the-counter medicine. By the time a spinal tap and imaging were finally done, the child’s brain had already suffered irreversible damage.
Sepsis
Sepsis is the body’s overwhelming and life-threatening response to infection. In children, it can be triggered by pneumonia, urinary infections, skin infections, or even seemingly minor illnesses. Pediatric sepsis is a major cause of death and long-term disability worldwide.
Early symptoms can be vague, such as:
- Fever or low temperature
- Fast heart rate
- Fast breathing
- Unusual sleepiness or confusion
- Poor feeding or decreased urination
Because these signs can look like “any illness,” some pediatric providers and emergency departments underestimate the severity of the situation. Current guidelines emphasize rapid recognition, prompt antibiotics, and aggressive treatment of low blood pressure to prevent organ failure.
When sepsis is missed, toxins and poor circulation can cause permanent damage to vital organs and limbs. Some children require amputations of fingers, toes, or entire limbs because tissue has died. Studies show that about 1 percent of sepsis patients undergo one or more surgical amputations, which translates to tens of thousands of amputees each year.
Appendicitis
Appendicitis is one of the most common surgical emergencies in children. In the United States, there are roughly 70,000 pediatric appendicitis cases each year. Without prompt surgery, the appendix can rupture, leading to widespread infection and life-threatening complications.
Typical signs in kids include:
- Pain starting around the belly button that moves to the lower right abdomen
- Pain that worsens with movement or coughing
- Nausea and vomiting
- Loss of appetite
- Mild fever
Unfortunately, research shows that appendicitis in children is sometimes missed during the first emergency department visit and diagnosed only days later. Many of these cases were initially labeled as constipation or a minor stomach virus.
When we review appendicitis cases, we often see repeated visits for abdominal pain and vomiting with no imaging, no pediatric surgery consult, and no clear safety plan for when to return. By the time appendicitis is finally diagnosed, the appendix has ruptured, and the child faces a long hospital stay, serious infection, or chronic problems.
RSV and Bronchiolitis Complications
Respiratory syncytial virus, or RSV, is a very common respiratory virus that almost all children encounter by age two. For many, it causes a cold. For infants and high-risk children, however, RSV can lead to bronchiolitis and pneumonia that require hospitalization or intensive care.
Warning signs of severe RSV or bronchiolitis can include:
- Rapid or labored breathing
- Flaring of the nostrils
- Visible pulling in of the skin between or below the ribs
- Difficulty feeding or staying hydrated
- Blue color around the lips or face
Recent seasons have seen surges of RSV cases and emergency departments filled with struggling infants. Experts emphasize the need for early recognition of respiratory distress and timely supportive care such as oxygen, suctioning, and, in some cases, intensive care.
In malpractice cases involving RSV, we sometimes see babies sent home from urgent care or the ER without a proper respiratory exam or clear instructions about when to return. By the time parents realize how serious things are, the child may already be in respiratory failure.
Warning Signs Parents Should Insist Doctors Take Seriously
No parent is expected to diagnose meningitis, sepsis, or appendicitis on their own. That is the doctor’s job. However, there are warning signs and patterns that should always prompt urgent evaluation and careful attention.
If your child has been seen once and sent home, but you see any of the following, you should insist on prompt re-evaluation at an emergency department or by a qualified pediatric provider:
- High fever with unusual behavior: Fever that comes with lethargy, confusion, inconsolable crying, or a child who “just is not themselves” needs careful assessment. Meningitis and sepsis often show up as more than a “simple” fever.
- Stiff neck, severe headache, or light sensitivity: These symptoms, especially when combined with fever, are classic meningitis red flags and should be treated as a medical emergency.
- Persistent or worsening abdominal pain: If belly pain is localized, especially in the lower right side, or if it steadily worsens with movement, coughing, or jumping, appendicitis should be on the table. Repeated visits for “stomach flu” that never truly improve are a concern.
- Trouble breathing: Fast or labored breathing, visible retractions around the ribs, flaring nostrils, noisy breathing, or pauses in breathing require immediate care. These can be signs of RSV complications, pneumonia, or sepsis.
- Poor feeding and decreased urine output in infants: Babies who are too weak or breathless to feed well and who are making fewer wet diapers may be dangerously ill. This is a red flag for sepsis in particular.
- A gut feeling that something is very wrong: Parents know their children. If you feel that something is off, that your child seems seriously sicker than usual, or that you have not been heard, it is appropriate to seek another opinion or go to the emergency department.
As a children’s medical malpractice attorney in Camden County, we often hear from parents who say, “I wish I had pushed harder.” You should never have to beg for basic testing or monitoring, but you can and should speak up when your child is not improving.
How Delayed Treatment Can Lead To Brain Damage, Amputations, Or Wrongful Death
A major theme across pediatric malpractice cases is delay. Delayed diagnosis, delayed antibiotics, delayed surgery, and delayed transfer to a higher level of care. Because children’s bodies are smaller and still developing, they often cannot tolerate these delays.
Brain Damage After Meningitis and Sepsis
Untreated or poorly treated meningitis can lead to swelling of the brain, fluid buildup, seizures, and stroke. Many children who survive severe bacterial meningitis live with:
- Hearing loss
- Vision problems
- Epilepsy
- Learning disabilities
- Cerebral palsy
Sepsis can cut off blood supply to the brain and other organs, causing permanent cognitive and motor problems. Even children who appear “better” after a sepsis hospitalization may face long-term challenges with energy, concentration, or physical function.
Amputations After Sepsis
Severe sepsis and septic shock often cause dangerously low blood pressure. To protect vital organs, the body diverts blood away from the hands, feet, and limbs. Tissues can die from a lack of oxygen and blood flow. In some cases, doctors must amputate fingers, toes, or limbs to save a child’s life.
Research suggests that about 1 percent of sepsis patients undergo one or more surgical amputations, leading to an estimated 17,000 sepsis-related amputees each year in the United States.
When sepsis could have been diagnosed and treated earlier, those amputations may represent avoidable harm.
Ruptured Appendix and Widespread Infection
A delayed diagnosis of appendicitis can allow the appendix to burst. When that happens, fecal material and bacteria spill into the abdomen, causing peritonitis and abscesses. Children with ruptured appendices typically need emergency surgery, prolonged antibiotics, and sometimes multiple procedures to control the infection.
Some children never fully recover their previous health and may face chronic abdominal pain, bowel problems, or adhesions that require additional surgeries.
Wrongful Death
The most tragic pediatric malpractice cases involve preventable death. Parents may be told their child had a “sudden infection” or “it just progressed too fast,” only to later learn that obvious warning signs were dismissed, that basic tests were never ordered, or that crucial hours were lost waiting in a lobby instead of being triaged.
When families reach out to us after a child’s death from meningitis, sepsis, RSV complications, or a ruptured appendix, we know that no lawsuit can bring a child back. What we can do is demand answers, accountability, and resources to help a family rebuild their lives and honor their child’s memory.
When Can Families Pursue a Pediatric Malpractice Claim in New Jersey?
Not every bad outcome is malpractice. In New Jersey, pediatric malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury. In child cases, this often involves misdiagnosis or delayed diagnosis.
Some key points for families to understand:
- The question is not “Did something go wrong,” but “Did the provider do what a reasonably careful pediatric professional should have done under similar circumstances?”
- An error must cause actual harm, such as brain damage, loss of a limb, prolonged hospitalization, or death.
- New Jersey has specific time limits for filing malpractice claims and special rules for minors
In many child cases, parents have until the child’s 13th birthday to file a malpractice claim related to an early injury, but there are exceptions and strategic reasons to act much sooner.
Because these rules are complex, we encourage parents to contact a pediatric malpractice lawyer in NJ as soon as they suspect something went wrong. Talking with a lawyer does not commit you to a lawsuit. It simply helps you understand whether further investigation is warranted.
What Evidence Matters Most In Children’s Malpractice Cases?
When we investigate pediatric malpractice, we focus on both the medical facts and the story of what really happened to your child. Important evidence often includes:
- Complete medical records from pediatricians, urgent care centers, hospitals, and specialists
- Emergency department charts showing vital signs, triage notes, and timing of tests or treatment
- Nursing notes documenting changes in your child’s condition while hospitalized
- Imaging and lab results, such as CT scans, MRI scans, blood cultures, and lumbar puncture results
- Parents’ own notes and timelines describing symptoms, phone calls, and visits
- School or daycare reports that show changes in behavior or functioning before and after the incident
At Andres, Berger & Tran, we also work closely with leading pediatric experts who can explain how a reasonably careful doctor or hospital should have responded at each point in time. Their opinion about the standard of care is crucial in any medical malpractice case.
Why Families Turn To Andres, Berger & Tran In Pediatric Malpractice Cases
Pediatric malpractice cases are some of the most complex and emotionally challenging matters in civil law. They involve high stakes medicine, complicated damages, and deep grief. Families need an experienced, focused legal team on their side.
Our firm is not a general practice. We focus our work on New Jersey medical malpractice and serious injury claims, including children’s cases involving misdiagnosis, birth injuries, hospital negligence, and wrongful death.
Here is what we offer families throughout South Jersey and across the state:
- Exclusive focus on medical malpractice. We devote our resources to complex malpractice cases, including pediatric claims involving meningitis, sepsis, appendicitis, and RSV complications.
- Board-certified trial experience. Fewer than 2 percent of New Jersey attorneys hold Supreme Court certification as Civil Trial Attorneys. Our trial experience helps us prepare every serious case as if it may go to court. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Proven results in high-stakes cases. Our verdicts and settlements include multi-million dollar recoveries for patients and families harmed by medical negligence. Every case is unique, but our history reflects our willingness to take on hospitals, insurers, and large medical groups. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Local roots and statewide reach. From our office in Haddonfield, we serve families throughout Camden County, Burlington County, Gloucester County, and all of South Jersey. Parents who need a children’s medical malpractice attorney in Camden County do not have to look far from home for experienced counsel.
Most importantly, we understand that behind every file is a child, a family, and a future that has been forever changed. We treat each case with the care and attention we would want for our own families.
Contact Andres, Berger & Tran Today for a Consultation About Your Case
If your child suffered a severe infection, brain injury, amputation, or wrongful death after doctors dismissed your concerns, delayed testing, or failed to act on obvious warning signs, you may be wondering whether anything can be done. You may also be hearing a lot of conflicting explanations from hospitals and insurers.
You do not have to sort through this alone.
When you contact Andres, Berger & Tran, we will:
- Listen carefully to what happened during each visit, call, and hospitalization
- Obtain and review the medical records with the help of qualified pediatric experts
- Evaluate whether the care your child received met New Jersey’s standard of care
- Explain your legal options in plain language and answer your questions about timing, damages, and the process
If we believe malpractice occurred, we will fight to hold the responsible providers and institutions accountable and to secure the resources your child needs for medical care, therapies, assistive technology, and future support.
Our initial consultations are free, and we handle pediatric malpractice cases on a contingency fee basis. That means you pay no attorney’s fee unless we recover compensation for your family.
To speak with a pediatric malpractice lawyer in NJ at Andres, Berger & Tran, call 856-317-6558 or contact us through our online form today. We are here to help you understand what went wrong and what can be done next.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.