Delaware Birth Injury Lawyer

No case is more heartbreaking than one that involves your child, such as a birth defect, birth injury, or stillbirth. Parents are often plagued by questions of whether the doctor or hospital missed something that could have prevented the injury. A birth injury lawyer can review the medical records, determine whether malpractice occurred, and file a claim on your behalf to recover financial compensation.

You do not have to go through this process alone. With a dedicated and experienced birth injury lawyer handling the legal work, you can focus on taking care of your family while we take care of the rest. Shelsby and Leoni are here to help every step of the way.

What Causes Birth Injuries?

There are many reasons birth injuries happen:

• Doctor or medical staff negligence during or before delivery
• Excessive pulling or twisting of the baby during delivery
• Failure to monitor fetal heartbeat before and/or during delivery
• Failure to perform a cesarean surgery, or C-section, when necessary
• Negligent administration of drugs to induce labor

These are only a few of the more common reasons why birth injuries happen. Determining exactly what went wrong requires a legal review of the medical records, which is where our attorneys come in.

Do not let your doubts discourage you from believing you have a case. Our lawyers know that every case is different, so it is always best to consult with a knowledgeable birth injury attorney who has successfully handled these lawsuits in your area.

Preeclampsia

Preeclampsia is a pregnancy complication characterized by high blood pressure and signs of damage to another organ system, most often the liver and kidneys. Preeclampsia usually begins after 20 weeks of pregnancy in women whose blood pressure had been normal. Left untreated, preeclampsia can lead to serious complications for both you and your baby.

If you have preeclampsia, the most effective treatment is delivery of the baby, though recovery can still take time afterward. If it’s diagnosed too early in the pregnancy to deliver safely, you and your doctor face a challenging task: your baby needs more time to mature, but you need to avoid serious complications. Rarely, preeclampsia develops after delivery, a condition known as postpartum preeclampsia. When preeclampsia isn’t properly monitored or treated, it can be a sign of negligence.

Our attorneys can review your prenatal and delivery records to determine whether your care fell short.

How Do You Know if a Birth Injury Was Naturally Occurring or the Doctor’s Fault?

It is reasonable to assume that your child’s birth injury naturally occurred and to have faith in medical professionals; however, this is not always the case. If you suspect that your doctor did not adequately conform to the duty of care they are supposed to uphold for all patients, you may have a case against them.

The best way to know if your birth injury was your doctor’s fault is to talk to a birth injury lawyer. After a thorough legal review of your case, medical records, and expert opinions, we can determine whether the doctor was at fault and help you hold them accountable.

Signs Your Child Have Suffered a Birth Injury

Sometimes birth injuries are readily visible or easily detectable immediately after birth. Unfortunately, there are also many cases where signs of a birth injury do not manifest until much later. Here are a few signs that your child may have suffered a birth injury:

• Delayed developmental milestones in their early years
• Abnormal movements, learning disabilities, speech impairments, seizures, hearing issues, or vision problems
• Pale or blue skin or significant bruising near their head or back
• Slow breathing, lethargic behavior, or general sluggishness

If you notice these signs, it’s worth having your case reviewed by a birth injury attorney, not just a doctor. Our legal team can connect you with the right medical experts to confirm the presence and cause of a birth injury, and advise you on your legal options.

Birth Injury Case Types We Handle

Our attorneys handle the following birth injury case types, each a different medical disorder that can result from the negligence of a doctor or medical staff:

• Cerebral Palsy: We handle cerebral palsy claims involving oxygen deprivation, delayed C-sections, or other delivery-room negligence. These cases turn on proving that different care would have prevented a lifetime of impairment, which is why cerebral palsy claims affect 1 in every 354 children and are not curable.
• Erb’s Palsy: We handle Erb’s palsy claims involving excessive force or improper delivery technique that injured a baby’s shoulder, arm, or hand. Recovery, and what the case is worth, often comes down to proving how the nerve damage occurred and how severe it is.
• Hypoxic ischemic encephalopathy (HIE) and perinatal asphyxia: We handle claims where a lack of oxygen and blood flow during or near delivery caused lasting brain injury. These cases require proving the hospital failed to recognize fetal distress and act in time to prevent permanent harm.
• Placental abruption and placental previa: We handle claims where a hospital failed to properly monitor and respond to a placental emergency that cut off the baby’s blood and oxygen supply, a failure that can cause lasting damage if not addressed immediately.
• Shoulder dystocia: We handle claims where medical staff failed to respond appropriately when a baby’s shoulder became lodged during delivery, an emergency that can injure both mother and child when it isn’t handled correctly.
• Bacterial meningitis malpractice: We handle claims where a hospital or provider failed to promptly diagnose and treat a newborn’s bacterial meningitis, a delay that can cause permanent brain damage or death.
• Labor and delivery injury claims: We handle claims involving any other negligence during labor and delivery not listed above, from mismanaged inductions to delayed emergency response.
• Macrosomia: We handle claims where a doctor failed to diagnose or properly plan for an oversized baby, a failure that can lead to shoulder dystocia, fractures, or nerve damage during a vaginal delivery that should have been a C-section.
• Chorioamnionitis: We handle claims where a hospital failed to diagnose and treat this infection during pregnancy or labor in time, a delay that can lead to sepsis or permanent brain damage in the baby.

Each of these case types requires a different legal strategy, and often a different set of medical experts, to prove what happened and who is responsible. Our attorneys know how to build the right case for each one.

Can You Sue for an Injury Suffered by the Mother?

Mothers can also suffer an injury during birth, such as perineal tears and pelvic floor damage, among others. Perineal tears, for instance, can vary in severity: from minor, superficial cuts that heal on their own to deeper lacerations that may require stitches and extended recovery periods.

If you suffered an injury during or before delivery due to the negligence of a doctor or medical staff, you can sue for compensation. Birth injuries to a mother can be serious, and there should be no reason that bars you from filing a valid claim as well.

How Long Do You Have to Sue for Birth Injury?

The statutory deadline for filing a birth injury claim depends on the state. In Delaware, for example, has a specific special deadline, which can be two years from the date of the birth injury, and up to age 6 of the child, to file a claim.

However, it can take time for signs of a birth injury to develop and to build a robust case. You should get in touch with an attorney right away if you have any suspicion that your child suffered a birth injury, so we can determine the applicable deadline for your case as soon as possible.

Shelsby & Leoni’s Attorneys Are Experienced in All Birth Injury-Related Matters

Our team has defended doctors and hospitals in several birth injury cases. Our experience gives us an edge because we know what the defense will do before they do it. We know what records need to be requested during discovery to prove your case.

We consult with pediatric neurologists and neonatologists to determine whether the injury occurred before or during the birth process, in other words, whether it could have been prevented if another competent and skillful medical professional had been involved. We also use expert witnesses who have testified for the defense in other cases, which strengthens our position, since our witnesses cannot be cross-examined as advocates for one side.

Schedule Your Free Consultation with a Birth Injury Lawyer Today

Let our team of birth injury lawyers fight for your child’s rights and get them the help they need. We provide free case reviews and charge zero fees if we do not recover for you. Our Delaware birth injury lawyers serving Wilmington and Dover are available for a free consultation.

We have recovered millions on behalf of our clients and work hard to fight for their rights. If your child has suffered a birth injury, you should contact our birth injury attorneys for a free consultation.