Birth asphyxia is probably the most serious birth injury a child can suffer. When a baby cannot breathe during birth, it can cause severe brain damage and death. Sadly, sometimes this happens to babies because of medical errors that could have been prevented.
If your child was diagnosed with birth asphyxia, your first job is to get them competent medical care. Your second one is to contact our Delaware birth asphyxia attorneys. If your case qualifies for malpractice, you could get compensation for your child’s care.
For a free legal consultation, call 1-800-222-9529
What Is Birth Asphyxia?
Birth asphyxia is when a baby does not get enough oxygen and starts suffering organ damage. This condition can be a partial lack of oxygen or a total lack of oxygen. The brain is the organ most vulnerable to birth asphyxia. This condition can occur just before, during, or immediately after birth.
The damage caused by this condition depends on how long your baby went without oxygen, how low the oxygen level went, and how quickly they received treatment. Birth asphyxia can cause respiratory, blood pressure, liver, heart, and kidney problems, but it’s most known for brain damage.
It can cause physical and intellectual impairment, developmental delays, behavioral problems, and more. Some symptoms may not appear until later in life. These cases are so complicated that lawyers like us specialize in birth injury cases.
Delaware Birth Asphyxia Lawyer Near Me 1-800-222-9529
How do I Know My Doctor Caused My Child’s Birth Asphyxia?
Most parents aren’t medical experts. Even those who know medicine are likely far too occupied with the pain and stress of birth to understand everything happening around them. Usually we take the word of our doctor for why something happened.
Yet medical errors are the third highest cause of death in the country. Babies can die or get permanently injured because of birth asphyxia. If your doctor could have prevented it, the just thing is to have them pay for what they did.
To know whether your doctor caused your child’s birth asphyxia, you need an expert of your own. If we discover your doctor missed something or did something wrong, we’ll seek justice for you.
How Our Lawyers Prove Malpractice in Birth Asphyxia Cases
Four things must be proven to win any medical malpractice case, so the first priority of our Delaware birth asphyxia lawyers is finding evidence to prove them. They are:
- That there was a medical relationship to you/your baby and whoever you are suing.
- That the person or institution you’re suing violated the standard of care while you were under their care.
- That violation caused your child’s birth asphyxia
- Your baby suffered injury because of it.
The breach of the standard of care is the hardest thing to prove. A doctor can do everything right and still injure a child. The standards for doing everything correctly according to current modern medicine are called the standards of care. When these are breached, doctors are at risk for liability.
We consult with medical experts to get testimony about what your doctor did wrong and what they should have done instead. This is called an affidavit of merit, and it’s a requirement for medical malpractice trials in Delaware.
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How Much Could I Get for My Child’s Birth Asphyxia?
You may face costs of hundreds of thousands of dollars just to care for your child’s immediate needs, but your case may be worth far more than that. Every case is a unique constellation of circumstances, so it’s impossible to say how much you’ll get until we investigate your claim.
However, birth asphyxia cases are among the most expensive cases for parents because of the intensive care necessary to raise a child with this condition. A child may never heal completely and may need care for the rest of their lives.
Paying for this care is an incredible burden, both emotionally and financially. If your baby’s birth asphyxia could have been prevented, let us help you with the financial burden through filing a malpractice claim. You may also find our caregiver guide helpful.
Are There Limits to What I Could Receive by Law?
Some states have limitations on how much compensation claimants can get for malpractice claims. These are known as damage caps or caps. In those states, you could win millions of dollars but then get your amount cut to the maximum allowed by law.
Fortunately, Delaware has no law that caps damages in malpractice cases. You will receive whatever you win in your case minus the fees to your Delaware birth asphyxia attorney. You’re free to pursue as much as you like.
However, any damages we ask for have to be backed up through evidence and shrewd negotiation. You don’t have to do this on your own. Let our attorneys help you get the most from your claim.
When do I Need to File My Child’s Birth Asphyxia Case?
As soon as you can. If you’re reading this, it’s likely your child already has a diagnosis and is suffering from the consequences. Your health insurance may not cover the bills anymore. If malpractice caused your child’s injury, the fastest way to get paid is to call us as soon as possible.
There is an absolute limit for filing a malpractice suit on behalf of a minor. For children under the age of six in Delaware, the deadline is the child’s sixth birthday or two years after their injury, whichever is later.
So, for newborns in Delaware, you have until their sixth birthday to file before the court will reject your case for taking too long to file. Don’t delay contacting a birth injury lawyer if you suspect malpractice. These cases take time to resolve and we need time to investigate what happened and create powerful arguments to make the insurers pay what you deserve.
Start Your Child’s Birth Asphyxia Case Today
Your child can’t afford for you to delay. Find out malpractice caused your child’s birth asphyxia by contacting the Birth Injury Lawyers Group. We’ll connect you with a birth asphyxia lawyer in Delaware who will help you.
All consultations with our lawyers are free, and you will owe us nothing unless you win your case. There is no risk to find out if negligence caused your child’s injury. Call today.