Delaware Birth Injury Lawyer

Cases a Birth Injury Lawyer in Delaware Handles

A birth injury can happen during pregnancy, labor, delivery, or shortly after a baby is born. Some injuries are unavoidable, but others occur when doctors, nurses, or other health care professionals fail to provide appropriate care.

Our birth injury lawyers in Delaware can review medical records, consult with medical professionals, and investigate whether a preventable error contributed to your child's injury.

Birth injury cases our attorneys often help with include:

• Birth asphyxia
• Bleeding in the brain
• Brachial plexus injury
• Brain damage or swelling
• Cephalohematoma (accumulation of blood under the scalp)
• Cerebral palsy (CP)
• Erb’s palsy
• Facial nerve injury or paralysis
• Fetal distress
• Hypoxic-ischemic encephalopathy or HIE (when the brain doesn’t receive enough oxygen or blood flow)
• Injuries from forceps or vacuum extraction
• Intracranial hemorrhages
• Jaundice and kernicterus (brain damage from untreated jaundice)
• Necrotizing enterocolitis (NEC)
• Nerve damage
• Shoulder dystocia (when one or both of the baby’s shoulders get stuck in the mother's pelvis during delivery)
• Skull fractures or bone fractures
• Spinal cord injuries
• Stillbirths and wrongful death
• Umbilical cord strangulation

Birth injuries can affect children in very different ways. Some may recover with medical treatment, while others may need a lifetime of specialized medical care, physical or occupational therapy, medications, and other support.

“After our son passed away due to brain damage at birth, we turned to Sokolove Law for help. We had requested a C-section, but this necessary procedure was not performed. The firm helped us seek answers. We’re grateful for their dedication and the clarity they provided.”
– Delaware Parent & Firm Client

If you believe a medical mistake caused or contributed to your child's condition, our Delaware birth injury attorneys can investigate what happened, determine whether you may have a case, and pursue accountability from those responsible.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $1.1 Billion for families affected by birth injuries.

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The Link Between Medical Malpractice and Birth Injuries

Medical professionals have a responsibility to provide appropriate care throughout pregnancy, labor, and delivery. When they fail to meet accepted standards and a baby is injured, the family may have grounds for a medical malpractice claim.

Birth injury malpractice can involve failing to recognize warning signs, waiting too long to intervene, or making a preventable mistake. Depending on the circumstances, these errors may cause serious or permanent harm.

Delaware birth injuries can occur when a provider:

• Uses excessive force during delivery
• Fails to identify or properly address known risk factors
• Improperly uses forceps or vacuum extractors
• Fails to recognize or respond to fetal distress
• Misdiagnoses or ignores a serious medical condition
• Delays a medically necessary C-section

Determining whether medical malpractice caused a child's injury requires looking closely at the care provided before, during, and after delivery.

Sokolove Law has registered nurses on staff with labor and delivery experience who can listen to your story, review the circumstances surrounding your child's injury, and help identify potential signs that the standard of care wasn't met.

“One thing that I think parents should know is that they can call us and tell us anything. We won't judge, and we're here to listen to the story, and they should feel empowered that they're being an advocate for their child, that they're looking out for their child.”
– Beth Carter, Registered Nurse with Sokolove Law

Call (800) 995-1212 now to find out if medical malpractice may have played a role in your child's birth injury. It costs nothing to speak with our team.

Can I File a Delaware Birth Injury Lawsuit?

You may be able to file a Delaware birth injury lawsuit if a health care provider made a medical error that contributed to your child's injury. Compensation from a lawsuit can help cover medical care and other costs associated with your child's condition.

Whether you have a Delaware birth injury case will depend on what happened during your child's care and whether the medical evidence shows that negligence played a role.

To prove birth injury malpractice, your lawyer will generally need to show:

• A medical professional owed a duty of care to you or your baby
• The provider failed to meet the accepted standard of care
• That failure caused or contributed to your child's injury
• Your child and family suffered damages as a result

Medical records, fetal monitoring strips, delivery notes, imaging, and other evidence may help your legal team determine whether the care provided fell below the appropriate standard.

Delaware limits how long families have to file medical malpractice lawsuits. Because the deadline can vary based on the circumstances of the injury, having a Delaware birth injury attorney review your case as soon as possible can help protect your rights.

Delaware Birth Injury Statute of Limitations

Families only have a limited amount of time to file a birth injury lawsuit in Delaware. The deadline can depend on when the injury occurred, when it could reasonably have been discovered, and the age of the child.

The Delaware birth injury statute of limitations generally gives families 2 years from the date of the injury to file a medical malpractice lawsuit under 18 Del. C. § 6856:

• If the injury was unknown and couldn't reasonably have been discovered within those 2 years, Delaware may allow up to 3 years from the date of the injury to file
• If the injured child is under age 6, a claim may generally be filed by the later of the applicable deadline or the child's 6th birthday

Because these deadlines can vary by circumstance, waiting too long could prevent your family from recovering compensation. A Delaware birth injury lawyer can determine which deadline applies to your child's case and help ensure your claim is filed on time.

Steps to File a Delaware Birth Injury Lawsuit

Filing a birth injury lawsuit in Delaware involves investigating your child's medical care, gathering evidence of negligence, identifying the providers who may be responsible, and meeting Delaware's requirements for medical malpractice claims.

Delaware birth injury lawsuits generally involve:

• Contacting an experienced Delaware birth injury lawyer
• Reviewing medical records and consulting with medical experts
• Identifying the doctors, hospitals, or other providers that may be responsible
• Filing the lawsuit within Delaware's statute of limitations
• Negotiating with the defendants and their insurers for a settlement
• Taking the case to trial if a fair settlement can't be reached

Learn more about how to file a Delaware birth injury lawsuit and how Sokolove Law can help at each stage of the legal process.

1. Find a Top Birth Injury Lawyer

The process starts with a free, no-obligation case review. When you reach out to Sokolove Law, our team will ask questions about your child's birth, the injuries suffered, and their current health to better understand what happened.

If you may have a case, we can explain your legal options and the next steps involved in filing a Delaware birth injury claim.

2. We’ll Collect Medical Malpractice Evidence

For a favorable outcome, your birth injury lawyer in Delaware must gather evidence showing that a medical provider acted negligently and that their failures caused your child's injury.

Evidence in a birth injury case may include:

• Medical records
• Expert testimony
• Fetal monitoring records
• Hospital reports
• Witness statements

Our attorneys work alongside our on-staff registered nurses and medical experts to evaluate this evidence and determine whether malpractice may have contributed to your child's injury.

“Our team talks with families to determine what happened. We work closely with our experts who will form opinions on that, and then we present that evidence to whoever the defendants are.”
– Ricky LeBlanc, Managing Attorney of Sokolove Law

3. We’ll File Your Delaware Birth Injury Claim

If the evidence supports a claim, our team can file a Delaware birth injury lawsuit against the doctor, hospital, or other health care providers whose negligence may have caused your child's injury.

Delaware has specific requirements for medical negligence lawsuits. Under 18 Del. C. § 6853, a complaint must include an affidavit of merit for each defendant, signed by a qualified medical expert who finds reasonable grounds to believe medical negligence occurred.

Our legal team can handle this requirement along with the other paperwork needed to move your case forward.

We'll also work to ensure your lawsuit is filed within Delaware's statute of limitations. Because missing the deadline could prevent your family from recovering compensation, contact Sokolove Law as soon as possible to get started.

4. Recover Delaware Birth Injury Settlements

Our attorneys will pursue compensation from the parties responsible for your child's injury. This involves negotiating with health care providers, hospitals, and insurers to reach a birth injury settlement.

If a settlement is reached, your family typically receives compensation without going to trial. If the defendants won't agree to a fair resolution, our Delaware birth injury lawyers are prepared to fight in court for your family.

Our Past Delaware Birth Injury Settlements & Verdicts

Compensation in a Delaware birth injury case can provide families with financial support for both the immediate and long-term effects of a child's injury.

For more than 45 years, Sokolove Law has fought for children and families affected by preventable birth injuries, securing over $1.1 Billion nationwide.

Examples of our past birth injury settlements and verdicts include:

• $16.5 Million for the family of a child with cerebral palsy
• $7.8 Million to a child who developed CP from a birth injury
• $5 Million for a child who suffered brain damage during delivery
• $6 Million to the family of a child with a CP brain injury
• Over $2 Million for a child with brachial plexus damage
• $2.85 Million to a woman whose daughter developed CP
• $5.1 Million for a child who experienced birth asphyxia
• $7.5 Million to a child with cerebral palsy
• $7.25 Million for a child with HIE and cerebral palsy
• $4.5 Million to a child with Erb’s palsy
• $4.1 Million for a child who suffered umbilical cord strangulation and fetal distress
• $8 Million to a child with a vacuum extractor injury
• Over $10.4 Million for the family of a child with CP

Compensation recovered through a Delaware birth injury lawsuit can account for both the financial costs of a child's injury and the broader impact it has on the child and family.

Unlike some states, Delaware does not generally cap damages for actual losses in medical malpractice cases. Punitive damages may be available in some situations, such as when a health care provider's conduct was willful or reckless.

Every birth injury case is unique, and past results don't guarantee a particular outcome. Our Delaware birth injury lawyers can determine the extent of your family's losses and pursue the compensation available under state law.

What Can a Delaware Birth Injury Settlement Pay For?

A Delaware birth injury settlement can help with the financial impact of a birth injury and provide resources for a child's future needs. The amount of compensation available will depend on the severity of the injury and how it may affect the child over time.

Delaware birth injury compensation may help cover:

• Past and future medical expenses
• Physical, occupational, and speech therapy
• Medications and ongoing treatment
• Wheelchairs and other assistive equipment
• Home or vehicle modifications
• In-home nursing or personal care
• Special education and developmental services
• Lost future earning capacity
• Pain and suffering

For children with permanent disabilities, these costs can continue for decades. A birth injury lawyer in Delaware can work with experts to estimate future needs and pursue compensation that reflects the full impact of the injury.

What Does a Birth Injury Attorney in Delaware Do?

A Delaware birth injury attorney investigates whether medical negligence caused your child's injury and handles the legal work needed to pursue compensation.

Birth injury cases often involve complex medical evidence and high future costs, so your lawyer can work with medical and financial experts to understand both what went wrong and how the injury may affect your child long-term.

A birth injury attorney in Delaware can:

• Review medical records and hospital documentation: Examine prenatal records, fetal monitoring strips, delivery notes, test results, and other evidence for signs that the standard of care wasn't met.
• Work with medical experts: Consult qualified medical professionals who can evaluate the care provided and determine whether a preventable error caused or contributed to the injury.
• Calculate the lifetime costs of a birth injury: Assess current expenses as well as future medical treatment, therapy, assistive equipment, home care, lost earning capacity, and other long-term needs.
• Negotiate with hospitals and insurance companies: Handle communications and settlement negotiations with health care providers, hospitals, insurers, and their attorneys on your family's behalf.
• Take a Delaware birth injury case to trial if necessary: Prepare evidence, expert testimony, and other aspects of the case for trial if the responsible parties won't agree to a fair settlement.

Your attorney can manage these responsibilities from the initial investigation through the resolution of your claim, allowing your family to focus on your child's health and care.

How Much Does a Delaware Birth Injury Lawyer Cost?

At Sokolove Law, it costs nothing upfront to hire a Delaware birth injury lawyer. We handle birth injury cases on a contingency-fee basis, meaning our legal fees are paid only if we successfully recover compensation for your family.

It also costs nothing to find out if you may have a case. Contact our team now for a free, no-obligation case review.

Delaware Birth Injury Lawsuit News & Updates

Delaware birth injury law continues to develop through court rulings, medical malpractice lawsuits, and changes to state law. These developments can influence how families pursue claims after a child is harmed by negligent care.

Recent Delaware birth injury cases show how medical negligence claims can play out in the state's courts, and the compensation families may receive when providers are held accountable.

$3 Million Delaware Birth Injury Verdict for Brachial Plexus Injury

A Delaware jury awarded $3 Million to the family of a boy who suffered a permanent brachial plexus injury during a delivery complicated by shoulder dystocia.

Dr. Peter Wong allegedly used excessive lateral traction while delivering the baby, damaging nerves that control movement in his right arm. Medical experts testified that the damage was consistent with excessive force being used during delivery.

The boy underwent two corrective surgeries, but the injury left his right arm shorter than his left and permanently limited his ability to participate in activities like sports and riding a bicycle. The Delaware Supreme Court later affirmed the verdict.

Let Our Birth Injury Lawyers in Delaware Fight for Your Child

The effects of a serious birth injury can extend far beyond the delivery room. Families may need to plan for ongoing medical care, rehabilitation, and other support their child may require for years to come.

Sokolove Law has spent more than 45 years helping families seek answers and accountability after preventable birth injuries, recovering over $1.1 Billion total.

Our Delaware birth injury lawyers can investigate the medical care your child received, consult with qualified experts, identify potentially negligent providers, and pursue full compensation for your family's losses.

We'll handle the legal work and deal with hospitals, health care providers, insurers, and their attorneys while you focus on your child's health and well-being.

Call (800) 995-1212 now or fill out our contact form for a free, no-obligation case review. Our team is available 24/7.

Delaware Birth Injury Attorney FAQs