The last thing that you want is for your baby to be hurt when you’re giving birth. Complications happen, and they can affect your child for the rest of their life. If a medical professional was responsible for your child’s birth injury, you may be able to get compensation.
Our birth injury lawyers in Delaware want to help you get back on your feet so you can care for your child. We know how expensive and stressful conditions like cerebral palsy and Erb’s palsy can be. We can let you know the next steps in your birth injury case.
For a free legal consultation, call 1-800-222-9529
How Malpractice Causes Birth Injuries
According to Delaware Code Title 18 § 6801, any medical professional owes you a certain standard of care. If your doctor, nurse, hospital, or any other party responsible for your safety in a medical procedure, fails to meet their standard of care, then they are guilty of medical malpractice, or medical negligence.
If you’re the victim of medical malpractice, you might be able to get compensation for your child’s injuries. Negligent care providers should be held accountable, and you shouldn’t have to worry about how to pay for your child’s treatment.
Common Types of Birth Injuries
Any error during your child’s delivery can cause a debilitating injury that has lifelong repercussions. A negligent medical professional, an unsafe environment, or faulty equipment can make the chances of injury more likely. Common types of birth injuries include:
- Brain damage from lack of oxygen or blood flow
- Brachial plexus injury
- Spine injury
- Nerve damage
Sometimes, these injuries heal, and a child can make a full recovery. But often, a birth injury can be catastrophic, causing conditions or disabilities that may never go away.
Cerebral Palsy and Erb’s Palsy
Two common conditions tied to birth injuries are cerebral palsy and Erb’s palsy. According to the Mayo Clinic, cerebral palsy can be caused by any number of complications, from brain damage or asphyxia during delivery to infection before or after. Erb’s palsy is often caused by injuries due to problems exiting the birth canal.
If you have any reason to believe that you and your child have been affected by medical malpractice, a birth injury attorney in Delaware will know what to do with your case.
Birth Injury Lawyer Near Me 1-800-222-9529
What a Delaware Birth Injury Attorney Can Do
When you get your free initial consultation with a Delaware birth injury lawyer from our firm, we will assess your case and tell you what damages you may recover from your claim. After that, we’ll get to work on your lawsuit. Our attorneys will:
Gather Evidence of Malpractice
In any personal injury lawsuit, it’s imperative that the plaintiff is able to show that they were the victim of negligence. To do this, our lawyers will scour medical documents, interview witnesses, gather testimonies from medical experts, and look for photographic or video evidence of medical malpractice.
Our attorneys have the skill and resources at their disposal to show that your child was injured because of a medical professional’s negligence. Your claim can only be successful if there is solid evidence to back it up.
Calculate Damages and Negotiate With the Insurance Company
Part of the process of a birth injury lawsuit is showing how much compensation you’re owed. To do this, one of our Delaware lawyers will look at what you’ve paid for your child’s medical treatments and what you’ll most likely have to pay to ensure their safety and happiness. After that, we’ll talk to the insurance company to get you the best deal we can.
Our Delaware attorneys have the experience and skill to know how to make sure you don’t get bullied out of compensation by your insurance provider. They’ll want to pay you as little as possible for your damages, so they’ll try to deny your claim or use your words against you. It’s wise to consult with a lawyer before talking to any insurance adjusters.
Fight for You in Court
In some cases, your insurance company won’t agree on a settlement. This is rare, but if it does happen, your case will go to trial. In that event, a Delaware birth injury attorney from our firm will represent you to make sure the responsible party is held accountable.
Delaware Statute of Limitations for Birth Injury Claims
In Delaware, the statute of limitations for a personal injury claim by a minor is their sixth birthday, according to Delaware Code Title 18 § 6856. That means, no matter when you discover your child’s injuries, you have until their sixth birthday to file a claim. If you are suing for your own injuries during delivery, then the statute of limitations is two years.
You won’t want to wait the full six years to file your claim, though. It’s best for a lawyer to get to work on your case as soon as possible, as evidence and witness statements become harder to find as time goes by.
Complete a Free Case Evaluation form now
Talk to a Delaware Birth Injury Attorney for Free
The repercussions of a birth injury could mean costly treatments and special accommodations. With financial compensation, your family’s life can move forward without you having to stress over money. A birth injury lawyer in Delaware can help you start that new chapter.
Contact the Birth Injury Lawyer Group today for a free consultation. We can take care of your claim so you can focus on caring for your child.