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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Bergen County families sometimes experience split-site maternity and newborn care—for example, delivery at one hospital and transfer to another NICU, or postpartum and newborn follow-up spread across hospital-employed groups, private practices, and state programs.
When questions arise later—about your baby’s medical needs, insurance coverage, Early Intervention, or whether you want a legal review—your most practical first step is usually the same:
Request complete records early, from every facility and provider involved.
This article is general information for New Jersey parents, not legal advice.
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The Epstein Law Firm can review your birth injuries claim and explain the evidence, deadlines, and next steps that may apply.
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Bergen County sits in a dense healthcare corridor where families may deliver close to home but transfer to a higher-acuity NICU (or receive specialty consults) elsewhere. That’s often appropriate medical care, but it creates a records problem: no single portal or discharge packet is guaranteed to contain the full timeline.
A local example of why clarity matters: Valley Health System states that The Valley Hospital moved from Ridgewood to Paramus on April 14, 2024. If you are requesting records for dates that span system moves, name changes, or campus changes, your written request should clearly state the dates of service, patient name(s), and which unit you’re talking about so it can be routed to the correct Health Information Management (HIM)/Medical Records team.
When care is split across facilities, you also want documentation that captures the “handoff” period. New Jersey’s hospital licensing standards address medical record requirements and include a requirement that a hospital maintain a transfer record for certain nonemergency transfers and send it to the receiving facility at the time of transfer.
For multi-hospital delivery and newborn care, think in six buckets and request each bucket separately:
You’re building a timeline you can actually use. If you later need another clinician to review the course, or you want a legal review, the question is usually not “what happened?”—it’s “what happened, when, and who documented it?”
When you request the birth parent’s record, ask for the complete labor-and-delivery admission chart plus the postpartum stay. Items that often matter for follow-up care and later review include:
A practical tip: a request that just says “my chart” can produce a thin packet. A request that names missing items (EFM tracings, MAR, anesthesia flow sheet, nursing flow sheets) is far more likely to capture the pieces parents later discover are absent.
Even when a baby is transferred quickly, the delivering hospital typically has a distinct newborn record. Consider requesting:
For the receiving NICU, aim for a production that allows a clinician to reconstruct the day-by-day course:
If therapeutic hypothermia (“cooling”) is part of the course for suspected hypoxic-ischemic encephalopathy (HIE), time-stamped records are especially important. The American Academy of Pediatrics (AAP) has published updated guidance describing therapeutic hypothermia protocols, including typical initiation and duration parameters.
Parents often receive two complete-looking charts—one from the delivery hospital and one from the receiving NICU—yet still have a gap: what happened between hospitals.
If a transfer occurred, request:
New Jersey’s hospital licensing standards describe that, for certain nonemergency transfers, the hospital must maintain a transfer record and send a copy to the receiving facility at the time of transfer. Even when facilities exchanged information clinically, parents often need the transfer/transport documentation to confirm key times, last medication administration times, and the baby’s condition during handoff.
1) Don’t rely on portals alone. Portals are helpful, but they’re not always the complete record set you need (especially for EFM tracings, MARs, anesthesia flow sheets, transport documentation, and NICU flow sheets). Submit a written request to the facility’s HIM/Medical Records department.
2) Make separate requests for parent and baby. Even when linked in an EHR, they are distinct charts.
3) Specify formats. Ask for electronic copies (PDF) when available, plus:
4) Track dates and follow up. New Jersey hospital patient-rights provisions recognize the right to obtain a copy of the medical record within 30 days of a written request. Federal HIPAA access rules also include timeliness requirements, and HHS explains the one-time extension process and written notice expectation.
5) Understand NJ fee caps and a 2026 fee-waiver rule. New Jersey’s hospital licensing standards include fee limits and permitted charges for copies. New Jersey also adopted an amendment effective January 5, 2026 prohibiting hospitals from imposing certain record-copy fees on a patient (or the patient’s attorney) who has a pending application for, or is currently receiving, federal Social Security disability benefits (Title II or Title XVI). If a bill seems wrong, ask what rule the hospital is applying and request an itemization.
Two follow-up pathways are important for many families after NICU care:
New Jersey newborn screening results. NJDOH’s newborn screening laboratory information for parents explains that parents in New Jersey cannot directly access newborn screening results from the lab and should contact the baby’s primary care provider. The page also describes how a new primary care provider can submit an authorization process if you changed pediatricians.
Early Intervention (NJEIS). Early Intervention is a separate system from hospital charts. If your baby had a NICU stay or you have developmental concerns under age 3, NJDOH provides entry points and program information. Keep your referral paperwork, evaluations, IFSP documents (if created), and provider notes alongside your hospital records.
Start with a written follow-up that lists what’s missing (for example: “EFM tracings,” “MAR,” “anesthesia record,” “NICU nursing flow sheets,” “transport team record”). Ask where those materials are stored and how they are produced.
If you believe your access rights are being ignored, you can ask to speak with the hospital’s privacy officer/patient advocate. You can also review complaint pathways that may apply to your concern:
These complaint processes are not the same as a lawsuit, and they do not automatically extend legal deadlines. They’re tools for addressing access and facility issues.
Not every difficult delivery or NICU course involves malpractice, and a bad outcome alone does not prove wrongdoing. But when families want answers, a responsible review usually begins with records and a timeline.
Timing also matters because New Jersey has rules that can affect potential claims. For example:
Those issues are fact-dependent. The practical takeaway for parents is simpler: gather records early so you can get case-specific advice before timing becomes the problem.
When your child’s delivery and newborn care take place at different hospitals, it can be difficult to piece together what happened and why decisions were made. If you have concerns about an injury or a delay in care, you deserve an explanation based on the complete record. At The Epstein Law Firm, P.A., we help Bergen County families investigate questions about birth injuries and medical treatment.
We review the delivery, nursery, NICU, transport, and receiving-hospital records, and identify the providers involved at each stage. Working with qualified medical experts, we examine the treatment timeline, communication between facilities, and whether a failure contributed to your child’s injuries. We can explain the legal options and deadlines that may apply, while helping you understand which missing records could affect the review.
Our firm is based in Rochelle Park and has represented clients throughout New Jersey since 1973. Our birth-injury and medical malpractice work brings the focus of this review back to your child’s care and the evidence in the individual case.
The Epstein Law Firm can review the evidence, insurance issues, and next steps that may matter in your birth injuries claim.
The Epstein Law Firm publishes the following results. These are broader medical-negligence results, including maternal care, rather than newborn-injury recoveries.
$1,265,000 settlement · $850,000 settlement
Read the firm’s published results
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“They took the time to explain everything clearly, making sure I understood my options and felt comfortable with each step of the process.”
— R. S. · Read the full Google review
“Michael and his team were incredibly responsive, always keeping us informed and addressing any questions or concerns promptly.”
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Broader medical-liability and legal-representation reading:
These answers provide general information for Bergen County families. The right records and deadlines can vary based on the facilities involved and your family’s circumstances.
Request records from every entity that touched the timeline. In practice, that usually means four separate requests: (1) the birth parent’s L&D/postpartum chart, (2) the baby’s chart at the delivering hospital, (3) transfer/transport documentation, and (4) the baby’s chart at the receiving NICU.
Transfers often happen because a newborn needs a different level of neonatal care, and the record set becomes fragmented as soon as that happens. Asking for time-stamped nursing documentation, MARs, and transfer/transport notes (not just summaries) helps a clinician reconstruct what happened and when.
Sources: Levels of Neonatal Care | Pediatrics | American Academy of Pediatrics; NJAC 8 43G licensing standards; How timely must a covered entity be in responding to individuals’ requests for access to their PHI? | HHS.gov.
Usually yes. Even when a hospital links parent and baby in the EHR, the birth parent’s record and the baby’s record are typically separate charts with different identifiers and documentation. Submitting two written requests (one for “L&D + postpartum,” and one for the “newborn chart”) reduces delays and mix-ups.
If your baby was transferred, repeat the newborn-record request with the receiving hospital. Hospitals also verify identity and authority before releasing a minor’s records, and HIPAA’s personal representative guidance helps explain why that verification step is common.
Sources: Personal Representatives | HHS.gov; NJAC 8 43G licensing standards; 45 CFR Part 164, Subpart E — Privacy of Individually Identifiable Health Information (GovInfo PDF).
Often yes, but you usually need to ask specifically. Portals may show only parts of the record, and certain L&D items (EFM tracings, detailed anesthesia flow sheets, and the MAR) can be stored in separate modules that are not included in a routine “visit summary” export.
In your written request, name the missing items and the full date range (for example, “all EFM tracings for the entire admission,” “complete MAR,” “complete anesthesia record,” and “all nursing flow sheets”). If the first production is incomplete, follow up in writing and ask how those items are produced.
Sources: NJAC 8 43G licensing standards; What personal health information do individuals have a right under HIPAA to access from their health care providers and health plans? | HHS.gov; How timely must a covered entity be in responding to individuals’ requests for access to their PHI? | HHS.gov.
A transfer record is documentation the transferring hospital maintains for certain nonemergency transfers, reflecting the patient’s immediate needs and key clinical information at the time of transfer. New Jersey’s hospital licensing standards describe the transfer record requirement and list categories it should contain.
Parents request transfer records because they often capture the clearest snapshot of condition, orders, and medication timing right before transport. Pairing the transfer record with the transport team’s record helps prevent “missing middle” gaps when delivery and NICU care happen at different facilities.
Sources: NJAC 8 43G licensing standards; Levels of Neonatal Care | Pediatrics | American Academy of Pediatrics; How timely must a covered entity be in responding to individuals’ requests for access to their PHI? | HHS.gov.
New Jersey’s hospital licensing standards recognize a patient right to obtain a copy of the medical record within 30 days of a written request. Practically, that means you should keep proof of submission (fax confirmation, portal confirmation, certified mail receipt) and track each request separately if multiple facilities are involved.
HIPAA also includes timeliness rules. HHS explains that covered entities generally must act within 30 calendar days, with only one limited extension if the entity provides written notice of the reason for delay and the expected completion date.
Sources: NJAC 8 43G licensing standards; How timely must a covered entity be in responding to individuals’ requests for access to their PHI? | HHS.gov; 45 CFR Part 164, Subpart E — Privacy of Individually Identifiable Health Information (GovInfo PDF).
New Jersey’s hospital licensing standards allow limited fees for copies of medical records requested in writing and include fee caps, permitted search/postage charges, and a requirement that hospitals maintain a policy assuring access for patients who cannot pay. If you’re billed, ask for an itemization and the rule the hospital is applying.
Effective January 5, 2026, New Jersey adopted an amendment adding a prohibition on imposing certain copy fees on a patient (or the patient’s attorney) who has a pending application for, or is currently receiving, federal Social Security disability benefits (Title II or Title XVI). If you qualify and were charged, ask about the facility’s process for applying the waiver.
Sources: NJAC 8 43G licensing standards; Proposed Amendment: N.J.A.C. 8:43G-15.3 Medical Record Patient Services (57 NJR 7(1) July 7, 2025) (PDF); Adopted Amendment: N.J.A.C. 8:43G-15.3 Medical Record Patient Services (58 NJR 1(1) January 5, 2026) (PDF).
Request the complete NICU chart and identify cooling-related materials in your request: eligibility criteria documentation, the time cooling started, target temperature orders, temperature logs, sedation/analgesia records, lab monitoring, neurology consults, EEG reports, and MRI timing and reports.
If cooling began at one hospital and continued after transfer, request records from both facilities and the transport team so the timeline is continuous. The AAP’s clinical report discusses therapeutic hypothermia protocols and the importance of coordinated processes for identifying eligible infants and arranging transfer when needed.
Sources: Therapeutic Hypothermia for Neonatal Hypoxic-Ischemic Encephalopathy: Clinical Report | Pediatrics | American Academy of Pediatrics; Therapeutic Hypothermia for Neonatal Hypoxic-Ischemic Encephalopathy: Clinical Report – PubMed; NJAC 8 43G licensing standards.
NJDOH’s newborn screening laboratory information for parents explains that parents in New Jersey cannot directly access newborn screening results from the state lab. Results are routed to the birth hospital and, when abnormal, also to the primary care provider listed on the newborn screening kit. To get a copy, start with your baby’s pediatrician.
If you changed pediatricians after discharge, NJDOH describes a process where the new primary care provider can submit a records release authorization form signed by the parent to obtain the newborn screening report. HRSA’s newborn screening resource also explains why out-of-range results require prompt follow-up and why screening is not diagnostic.
Sources: Department of Health | Public Health and Environmental Laboratories | For Parents; Department of Health | Newborn Screening & Genetic Services | What you need to know about screening; Newborn Screening Results and Follow-Up | Newborn Screening.
Early Intervention paperwork is often separate from hospital charts, but it can become essential for coordinating care over time. NJDOH’s Early Intervention materials explain that families with developmental concerns about children under age 3 can seek assistance through the system.
For records purposes, keep referral confirmations, evaluation results, IFSP documents (if created), provider contact information, and progress notes. Store them with NICU discharge paperwork so your pediatrician and specialists can see both the hospital course and the follow-up supports being put in place.
Sources: Department of Health | Early Intervention; Department of Health | Early Intervention | When Does A Child Need Early Intervention?; Early Intervention Services in New Jersey (NJEIS FAQ) (PDF).
Deadlines depend on facts, so get individualized advice. For a minor’s medical malpractice claim for injuries sustained at birth, New Jersey’s limitations statute states the action must be commenced prior to the minor’s 13th birthday. Families should not treat that as “time to wait”; it’s a statutory outer limit that still requires case-specific analysis.
If a public entity or public employee may be involved, Title 59 notice rules can apply much sooner than families expect. The State’s Division of Risk Management warns that a notice of claim generally must be filed within 90 days from the date of occurrence/discovery/accrual to avoid forfeiting rights, and New Jersey’s late-notice statute discusses “extraordinary circumstances” and timing. New Jersey medical malpractice litigation also commonly involves an Affidavit of Merit timeline after a defendant answers.
Sources: 2A:14-2 Actions for injury caused by wrongful act, appointment of guardian ad litem.; State of NJ – NJ Treasury – Division of Risk Management; 2A:53A-27 Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements..
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