In Delaware, 6.5 infants die for every 1,000 live births every year. While that number might not sound like a lot, the thought of a parent losing a child is definitely unbearable. And while most babies do make it past childbirth, a lot of them also experience birth injuries that are unfortunately the result of medical malpractice.
So if you’re a parent with a baby suffering from a birth injury, it’s very important to find a good birth injury medical malpractice lawyer in Delaware who can represent you well during your claim. But if you would have the best chance of success, you need to begin with learning exactly what constitutes a birth injury in the state:
- A birth injury is any form of harm that was sustained by the newborn during the birthing process. This could include physical injury such as head trauma, nerve damage, and fractures or brain damage and other related conditions resulting from hypoxia or oxygen deprivation during childbirth. A birth injury can also be the result of the medical team’s negligence in monitoring the mother and baby during the birthing process, any erroneous decisions that led to a delayed caesarean section and poor pre- and postnatal care.
- A birth injury can be determined right after birth or during the first year of the child’s life. In some cases, symptoms appear right after the child is born, and they can include sleeping and feeding difficulties, seizures and motor skill challenges. But there are also many instances when the symptoms of a birth injury manifest a few months after childbirth, especially those involving development delays. This can be a real challenge for parents and lawyers, especially since birth injury claims should be filed as soon as possible.
- You can file for a birth injury claim in Delaware with the help of a professional. If you think that your child’s birth injury is due to medical malpractice, you need to talk to a professional lawyer who specialises in these cases right away. But filing a claim is one story, and proving it is another since the court will not grant compensation right away. Instead, you need the expertise of a medical professional to prove that the birth injury was the result of a healthcare provider’s failure to follow proper health standards.
If the birth injury claim is proven, the state of Delaware awards compensation to families depending on the extent of the damage to the baby and his needs for continuous medical care. This could include medication, special equipment, constant medical visits, therapy sessions and lifelong care. The parents can also seek compensation for the physical and emotional distress brought by the situation, especially if the birth injury results in lifelong limitations or disabilities to the child.
At the end of the day, it’s very important to fight for your child’s rights just as you would file a personal injury claim for yourself. But you don’t have to go through this journey alone because we can fight beside you from start to finish.
