You know the force and pain of labor, but it rarely breaks the bones of a newborn. An infant broken bone is a serious matter because it may be a sign that your baby was the victim of malpractice. Our infant broken bones attorneys in Delaware can find out for you.
Don’t let your doctor explain away your baby’s fracture. Find out malpractice caused your baby’s injury and get justice and compensation for your care. Call the Birth Injury Lawyers Group now for a free consultation.
For a free legal consultation, call 1-800-222-9529
How Could My Baby’s Bones Get Broken at Birth?
There are several possible reasons. One of the most likely is long labor. Baby bones are flexible so they can push out of the mother, but a long labor can cause painful greenstick fractures. The most common bones broken in newborns are collarbones, the upper arms, and the upper legs.
Another way they could break is if a medical professional causes trauma. Incorrect use of delivery forceps could crack a child’s skull. A nurse could drop a baby. There are lots of ways this could happen.
There are also birth defects that make bones extremely brittle. If these aren’t detected early and accounted for, your child’s bones could break even though your doctors did everything right. Yet this can still be the basis for a malpractice suit.
Delaware Infant Broken Bones Lawyer Near Me 1-800-222-9529
What Happens if My Baby’s Fracture Isn’t Treated in Time?
The bones of a baby heal faster than older children. With proper treatment, a broken baby bone will heal without complications. However, if the break isn’t found and the bones knit improperly, serious deformity can develop.
As the baby grows, the deformed bone will also grow. This can cause your baby a lot of pain and create muscular deformities. They may need surgery to fix the problem, and this is expensive and unnecessary. Medical imaging for broken bones is simple.
Had your doctor found the broken bone and treated it early, you wouldn’t have to pay for extra care for your child. One call to our Delaware infant broken bones lawyers can help you discover if your baby’s deformity could have been prevented.
How Will You Prove Malpractice Was the Cause of My Baby’s Fracture?
Malpractice law requires us to prove four things for you to have a valid case. These four things are:
- Who was the medical professional who treated your baby?
- What did they do that broke the standards of care and created a negligent situation?
- Did that breach cause your baby’s broken bone?
- How was your baby injured, and how has it affected your family?
Medicine is not a certain science, and the law recognizes that doctors can do everything right and still injure or kill a patient. However, doctors can still do things wrong, and a malpractice suit can reveal if your doctor made a mistake that harmed your baby.
Through investigation, evidence, and the testimony of medical experts, our lawyers will discover the truth of what caused your baby’s fracture. If it was malpractice, you can pursue justice and compensation through the court with our help.
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What Compensation Could I Receive?
Your baby, and by extension their parents, may be owed both economic and non-economic damages for the fracture and its consequences. Some of the many things you could receive compensation for include:
- Medical costs
- Lost wages (from taking your baby to appointments for care)
- Pain and suffering
Evidence must back any claim for compensation up. Even if your case demonstrates negligence, it’s unlikely you have the skills and the knowledge to get the most from your malpractice case. You may be owed much more than you think, and our infant broken bones lawyers in Delaware can help you get it.
What Are Delaware’s Laws About Malpractice Cases?
In cases of birth injuries, parents have until their child’s sixth birthday to file a malpractice lawsuit in Delaware. We recommend you start your case as soon as possible once a doctor has diagnosed your child with a birth injury.
Delaware requires an affidavit of merit to start a malpractice lawsuit. This is a document including sworn testimony from a medical expert that there are grounds to suspect malpractice. While negotiations for a settlement are possible without it, we must file this if you need to go to trial or the court will reject your case.
Some states limit the amount of money you can get from a malpractice case, but Delaware isn’t one of them. There are no caps on damages in Delaware medical malpractice cases. However, you could lose some compensation if a court says you are partially liable for your child’s injury.
Will I Need to Go to Trial?
Only around 7% of medical malpractice cases have to go to trial to get resolved, according to the U.S. Department of Justice. Instead, most cases settle out of court or get dropped.
There are two reasons for this. First, medical malpractice cases are among the most difficult to win. It is not impossible, though, and you shouldn’t give up without a fight. Our lawyers work on contingency, so if you do not win compensation, you will owe us nothing for our services.
Second, if you have a case, insurers prefer to settle cases out of court if they can. It is less expensive for both sides and less risky. Yet sometimes, the only way to get victims all they deserve is to force a trial.
Contact Our Delaware Infant Broken Bones Attorneys
Discover if your child has been the victim of medical malpractice by calling the Birth Injury Lawyers Group. We have a long track record of successful birth injury claims, with over $750,000,000 won for our clients so far.
Learn how we can help you get compensation for your baby’s broken bone. Call or email our offices today to schedule a free consultation.