A birth injury occurs when a doctor or other medical professional provides care that falls below a reasonable standard. This careless conduct may occur prior to birth as part of prenatal care or during delivery.
A Wilmington birth injury lawyer at Ben Crump Law, PLLC, can help you determine if you have any legal claims. The injuries you or your child sustained could qualify you to take legal action.
Types of Financial Awards You and Your Family Can get for a Birth Injury
When a doctor or other medical professional is at fault for causing a birth injury, the child and parents may be eligible to recover a financial award for those injuries. Some of the kinds of compensation you might receive in a birth injury case might include:
- Medical bills from immediate treatment of the birth injury
- Expenses for rehabilitation and therapy, ongoing medical treatment, and assistive medical devices to help the child
- Loss of income if the child is permanently disabled or if a parent must leave the workplace to care for the child full time
Other forms of compensation are non-economic, or not so easily translated into numbers. Nonetheless, damages for these losses also may be available in a birth injury case. These types of awards may include:
- Physical pain and suffering that the child has experienced
- Mental distress for a child who must grow up with a permanent impairment and lose out on engaging in specific activities
- Emotional trauma for a family who must watch their child grow up with a developmental delay or physical disability
Unlike many other states, Delaware law places no cap on the amount of damages you can collect in a birth injury case. This includes economic or non-economic losses.
For a free legal consultation with a birth injury lawyer serving Wilmington, call (800) 641-8998
How do You Know If You Have a Valid Birth Injury Case?
You may have a birth injury case if the evidence shows that a doctor, nurse, or other healthcare professional committed medical malpractice that caused the birth injury to you or your child. Medical malpractice occurs when a medical professional makes a decision that another professional with the same training and experience would not have made.
To qualify to pursue such a case, the action or inaction of your doctor must fall below the reasonable standard of care that a similar doctor would exercise under the same circumstances. Some common examples of medical malpractice that might result in a birth injury are:
- Prescribing a medication to a woman during pregnancy that can and does harm the fetus, leading to a birth defect
- Failing to recognize signs of fetal distress during the birth
- Inappropriately delaying Caesarean sections
- Improperly using forceps or vacuum extraction during the birth
Of course, not all negative outcomes of childbirth are the fault of a medical professional. In some cases, despite the best efforts of medical professionals, birth injuries still occur. Legal action for birth injury only exists when medical professionals are careless or reckless in the level of medical care that they provide their patients.
Wilmington Birth Injury Lawyer Near Me (800) 641-8998
How Can Our Law Firm Help with Your Wilmington Birth Injury Case?
We understand how emotionally and physically draining a birth injury to your child can be. Therefore, we try to take as much of the burdens from your shoulders as possible during this challenging time in your life. While you concentrate on your child, we will handle the rest, including:
- Investigating the circumstances that led to the birth injury
- Reviewing medical records and interviewing witnesses
- Consulting medical experts to review your situation
- Documenting the injuries to your child and the prognosis for those injuries
- Filing claims and negotiating with insurance companies
- Taking your case to trial, if necessary
We take on the most difficult and complex cases, even when the odds seem stacked against you. You can rely on us to be on your side every step of the way.
How Much Will It Cost You to Hire Our Law Firm?
Our Wilmington attorneys at Ben Crump Law, PLLC, know that after a birth injury, you may experience various unanticipated expenses. You may face bills for medical treatment and a loss of income while caring for your child. Fortunately, you do not need to worry about coming up with money for a lawyer during this challenging time.
As your birth injury lawyers, we offer you:
- A free, no-risk, no-obligation case consultation
- No payment up front to start your case
- No out-out-pocket payments while your case is going on
- Payment of legal fees only after you receive a settlement or award
You can count on us to support you through every step of your birth injury case. We take care of the legal aspects of your situation, while you focus on your child and getting all necessary medical treatment.
Complete a Free Case Evaluation form now
How Long do You Have to File a Birth Injury Lawsuit in Delaware?
Under Delaware law, you have only a limited amount of time to file your birth injury lawsuit in court. A birth injury lawyer on our team can evaluate your situation and determine the deadlines that apply to your situation.
Del. Code Tit. 18 § 6856 generally provides that you have two years from the date that an incident of medical malpractice occurs. However, in the case of injuries to a minor child, the parents typically have until the child’s sixth birthday to pursue the birth injury case in court.
Get the Answers to Your Questions About Your Birth Injury Case in Wilmington
Reach out to Ben Crump Law, PLLC, at (800) 641-8998 today for a free evaluation of your case. Learn more about how our lawyers can help after your child has suffered a birth injury in Wilmington.