When Can You Sue For A Birth Injury In Delaware?
In order to file a medical malpractice lawsuit for a birth injury in Delaware, you must prove that a medical professional responsible for your care acted negligently.
Medical professionals can be considered negligent any time they fail to follow the accepted medical practices of their field. Your healthcare provider can be considered negligent if another professional with the same qualifications would have handled the circumstances that lead to your child’s birth injury differently.
Types Of Medical Negligence
Common examples of negligence which could lead to a birth injury include:
- Failing to order a medically necessary cesarean section (c-section) or ordering one too late
- Improper use of forceps, vacuum extractors, or other delivery tools
- Failure to diagnose and treat infections and other health conditions in the mother
- Failure to diagnose and treat fetal health conditions
- Prescribing medication with harmful side effects for mother or child
Determining negligence usually requires a careful review of evidence by a qualified medical professional, along with a legal review by a lawyer with experience in Delaware birth injury cases.
Delaware State Laws Regarding Birth Injuries
Laws regarding medical malpractice lawsuits vary widely between states. Delaware has their own set of laws and statutes which could apply to your birth injury case. While it’s good to have a rough idea of how these laws work, a consultation with an experienced lawyer is the best way to fully understand your rights.
Deadlines For Filing A Lawsuit
Every state has a time limit for filing lawsuits, known as the statute of limitations. This deadline is more complicated for birth injury cases, since they involve minors and complex circumstances. It’s best to simply take legal action as soon as possible after a birth injury occurs, so that you aren’t at risk of running out of time due to the statute of limitations.
Affidavit Of Merit
In Delaware, you must file a document called an affidavit of merit before you file a medical malpractice lawsuit. This document must contain testimony from a medical expert, with their opinion that your child’s birth injury was caused by medical malpractice. Medical malpractice law firms have contacts with medical experts and can assist you with this part of the process.
Does Delaware Limit Damages?
Unlike some other states, Delaware has no cap on the amount of financial compensation you can recover in a medical malpractice lawsuit. This applies to all types of damages, both economic (medical expenses, lost wages, etc.) and non-economic (pain and suffering, loss of quality of life, etc.).
How Lawsuits Can Help Families Affected By Birth Injuries
When a birth injury is caused by medical negligence, it’s important that the family affected by the injury is aware of their legal rights. A serious birth injury can result in debilitating complications that may hinder a child’s ability to enjoy a comfortable life. There are resources available that can help these children can overcome these difficulties, but many families lack the money to acquire them.
A medical malpractice lawsuit can provide the financial compensation families need in order to afford these resources. It can also help hold medical professionals accountable for their careless mistakes. Our Delaware birth injury lawyers can help you plan for your family’s future in a free consultation, and will only ask for payment if and when we help you secure financial compensation. To find out more, contact us today.
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