A birth injury can bring unexpected challenges for your family. Our Dover birth injury lawyers will support you and seek the justice your child deserves. We’ll find out what went wrong, determine who’s responsible, and handle everything from insurance talks to courtroom representation if needed.
Our goal is to relieve some of the financial pressure by helping you pursue compensation for medical care and other losses. We know how much is at stake, and we’re ready to help. Call now to schedule a free consultation and learn how our Delaware birth injury lawyers can support your next steps.
What Is a Birth Injury?
A birth injury refers to physical harm a baby suffers before, during, or just after delivery. These injuries can range from minor bruising to serious conditions like brain damage or nerve injuries, often caused by medical errors or complications during labor.
Some birth injuries heal with time, but others can lead to permanent disabilities that affect a child’s movement, development, or ability to communicate. Conditions like cerebral palsy or Erb’s palsy are examples of long-term consequences linked to birth trauma.
While some injuries are unavoidable, others result from mistakes that could have been prevented. That’s where our firm steps in.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Common Birth Injuries that Lead to Lawsuits
Medical negligence can result in serious birth injuries—some temporary, others life-altering. Many require long-term medical care, therapy, or special education support.
The most common birth injuries associated with malpractice include:
- Cerebral palsy: Often caused by lack of oxygen during delivery, this affects muscle control, movement, and posture for life.
- Erb’s palsy: Nerve damage in the shoulder or arm, usually from excessive pulling during delivery, which may lead to weakness or paralysis.
- Hypoxic–ischemic encephalopathy (HIE): A brain injury from reduced oxygen and blood flow, often resulting in developmental delays or cognitive challenges.
- Birth asphyxia: Severe oxygen deprivation at birth that can lead to permanent brain damage or even death.
- Brain hemorrhages: Bleeding in the brain due to trauma during delivery, which can cause seizures or long-term neurological issues.
You may be entitled to compensation to help cover medical treatment, rehabilitation, and ongoing support. Our attorneys offer free case evaluations to help you understand your options.
Dover Birth Injury Lawyer Near Me 1-800-222-9529
Seeking Compensation for a Birth Injury in Dover
When a birth injury results from medical negligence, compensation can help ease the financial and emotional strain. In Dover, you may be eligible to recover damages to support your child’s care and future needs. Detailed records of treatment, expenses, and your child’s condition can strengthen your case.
Compensation may include:
- Medical expenses: Hospital bills, surgeries, therapy, and future medical care
- Lost income: If a parent must reduce work hours or leave a job to provide care
- Pain and suffering: For the child’s physical and emotional distress
- Long-term care costs: Home modifications, assistive devices, and in-home care
- Educational support: Special education services or accommodations
- Loss of enjoyment of life: If the injury affects the child’s ability to participate in normal activities
"We know first-hand what you are going through."
Common Causes of Birth Injuries in Dover, Delaware
Birth injuries can happen for many reasons, but they often result from preventable medical errors during pregnancy, labor, or shortly after birth. When doctors or nurses fail to meet the accepted standard of care, the consequences can be serious and life-changing for both the child and family.
Examples of negligence include failing to monitor fetal distress, misdiagnosing a condition, or delaying a necessary C-section. Improper use of delivery tools or not addressing complications after birth can also lead to permanent harm, such as brain damage or physical injuries.
If you suspect your child was harmed due to a medical mistake, speaking with a Dover birth injury lawyer is an important step. A lawyer can review your medical records, consult with experts, and help determine whether negligence played a role in your child’s injury.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How to File a Birth Injury Lawsuit in Dover
Filing a birth injury lawsuit in Dover requires proving negligence, collecting medical evidence, and meeting strict deadlines. A lawyer can guide you through the process and help protect your case.
Determining Liability and Negligence
To file a birth injury lawsuit in Dover, you must identify who is responsible and prove their actions or failure to act caused your child’s injury. This includes showing they breached their duty of care.
Three key factors to examine when determining liability and negligence:
- Healthcare provider error: Did a doctor, nurse, or other medical professional act negligently, leading to your child’s injuries?
- Hospital or facility liability: Was the medical facility where your child was born responsible for inadequate training, staffing, or equipment?
- Medical equipment or device failure: Did a faulty medical device or equipment malfunction cause or contribute to your child’s injuries?
Gathering Medical Record Evidence
Medical records are a key part of any birth injury lawsuit in Dover. They provide critical details about prenatal care, delivery, and postnatal treatment, helping to show when and how the injury occurred. These records can also reveal whether a provider failed to meet the expected standard of care.
You’ll need to request a full copy of your records, including doctor’s notes, test results, imaging scans, and reports from any specialists or hospitals involved. Organizing them in chronological order can help highlight gaps or inconsistencies in care.
Your Dover birth injury lawyer will review these records closely to identify signs of negligence. Accurate and complete documentation strengthens your claim and supports the case for compensation.
Meeting Filing Deadlines
Once you’ve gathered your medical records and identified possible errors, it’s important to act quickly. In Delaware, birth injury lawsuits fall under the state’s two-year statute of limitations for medical malpractice claims.
This means you must file your lawsuit within two years of the date the injury occurred or was discovered. Missing this deadline could prevent you from recovering compensation, so it’s essential to start the legal process as soon as possible.
Trust a Dover Birth Injury Lawyer with Your Case
Your family deserves justice after a preventable birth injury. Our Dover birth injury lawyers are ready to fight for the compensation you need for medical care, ongoing treatment, and other related costs.
At Birth Injury Lawyers Group, we know Delaware law and have recovered over $750 million for families across the country. We’re committed to helping you pursue a fair settlement for your child’s future.
Let a skilled Dover birth injury lawyer stand by your side and advocate for your family’s well-being. Contact us today for a free consultation to discuss your case.
"We are committed to helping families who have suffered medical negligence."