Signing a consent form acknowledges risks inherent in any medical procedure, but it does not give medical professionals a license to be negligent. Consent forms are for known, accepted risks, not for injuries caused by a breach of the standard of care. If a doctor or nurse made a mistake that directly caused your child’s birth injury, regardless of what you signed, you likely still have grounds for a claim. Lawyers experienced in birth injury cases can help families understand their rights and options. We would review all consent forms as part of our investigation into your child’s birth injury.

It’s common for doctors to be hesitant to directly accuse a colleague of malpractice, especially without a full legal investigation. Their role is to treat and diagnose, not to provide legal opinions. Their suspicion, however, is a very strong indicator that something went wrong. This is precisely when you need an experienced birth injury legal team to step in. We gather the facts and have independent experts make the determination about medical negligence and whether it caused the birth injury. Medical malpractice laws in Delaware govern these cases, and legal expertise is crucial to navigate these laws and build a strong claim. Don’t let a doctor’s reluctance to use the word “malpractice” stop you from seeking answers.

Our firm works with a national network of the best medical experts, including neonatologists, obstetricians, neurologists, and life care planners from across the country. These experts provide unbiased, authoritative opinions crucial for a birth injury case. Their location outside of Newark or even Delaware doesn’t hinder their ability to review medical records and testify. In fact, relying on experts who don’t have ties to local hospital systems can potentially ensure greater impartiality in a birth injury case. Our firm has recovered millions for clients in similar cases, demonstrating our commitment to securing the best possible outcomes.

Absolutely. A significant component of a birth injury lawsuit is ensuring compensation for a child’s educational needs, especially if they require special education services. This can include specialized schooling, tutoring, adaptive equipment for learning, and future vocational training that might not be fully covered by public school systems. Compensation can also include loss of earning capacity for your child’s future, addressing the long-term financial impact of the injury. Our goal is to secure funds that empower your child to reach their full potential, addressing all aspects of their life impacted by the birth injury, including the best educational opportunities. Securing fair compensation for all damages is essential to support your child’s lifelong needs.

If a birth injury was caused by a defective medical device, the claim could involve not only the hospital or medical staff but also the manufacturer of the equipment. This adds another layer of complexity to the birth injury case, potentially becoming a product liability claim in addition to medical malpractice. Our team has experience with these multi-faceted cases and can investigate whether a faulty vacuum extractor, fetal monitor, or other device contributed to your child’s birth injury. Improper use of medical equipment can cause brain injuries, brain damage, or conditions like Erb’s Palsy, all of which may require extensive treatment and long-term care. It’s crucial to identify all potentially liable parties. Additionally, understanding your state’s statute of limitations for filing such claims is vital, as these deadlines can affect your ability to pursue compensation.