Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The day your child is born should be the best day of your life. In delivery rooms across Delaware, from Wilmington to Dover, families wait with hope and excitement to meet their new baby. The significance of a child’s birth cannot be overstated, yet unexpected complications can arise that change everything in an instant. You place your complete trust in the doctors, nurses, and hospital staff to keep both mother and child safe.
But what happens when that trust is broken? What happens when the joy is replaced by confusion, fear, and a lifetime of questions because your child suffered a preventable birth injury?
At birth injury can turn your world upside down. Suddenly, you’re facing a future filled with uncertainty, medical appointments, and overwhelming costs. Families often need financial support to cover ongoing medical and developmental needs for their child. The most painful part is the nagging question:” Did this have to happen?” A birth injury can have a profound effect on your child’s life, impacting their long-term well-being, daily functioning, and future opportunities.
For decades, our team at The Child and Birth Injury Firm has stood beside families just like yours. We’ve seen firsthand the devastating impact a birth injury has on a child and everyone who loves them. We are not just lawyers; we are advocates for injured children, including children injured during birth. Our mission is to help you find the truth, hold negligent medical professionals accountable, and secure the resources your child will need to live the fullest life possible after a birth injury. We are committed to protecting your family’s future by ensuring you have the support and compensation needed for ongoing care and stability. Supporting your child’s life and long-term well-being is at the heart of what we do. With a proven track record, we have helped families seek justice and secure compensation for birth injuries. This guide is here to give you the clear, straightforward answers you deserve about a birth injury in Delaware, and to highlight the importance of seeking justice for your child.
When a baby is diagnosed with a condition at birth, the most important question is when the harm occurred. Did it happen months ago, or minutes ago?
While a minor bruise from delivery is common, a serious, life-altering injury is not. It may be a sign of medical malpractice. Understanding when the harm happened is the key to understanding why it happened.
When you’re searching for the best answers for your child, understanding if this standard was met is the most critical question. A thorough investigation into your child’s birth injury is the only way to find out for sure. Documenting your child’s condition and understanding the full impact of your child’s injury are crucial steps in this process. Carefully assessing the child’s condition helps establish how the injury has affected their health and development, while understanding the extent of the child’s injury is essential for determining the appropriate legal and medical response. Pursuing a birth injury claim can help families seek compensation for preventable harm caused by medical negligence during labor and delivery.
A birth injury can take many forms, from mild and temporary to severe and permanent. Our team has helped families dealing with the entire spectrum of these devastating injuries. Birth injury lawsuits are often necessary to secure compensation for your child’s injuries resulting from medical negligence during childbirth. Below are some of the most common types of birth injury that are often caused by medical negligence. Common birth injuries include cerebral palsy, brachial plexus injuries, brain damage, facial nerve damage, and spinal cord injuries. Many of these injuries require extensive medical care, and some may require lifelong treatment to address ongoing needs.
The most devastating type of birth injury is one that affects the brain. A baby’s brain is incredibly fragile, and any interruption of oxygen or blood flow, even for a few minutes, can cause permanent damage. Brain injuries such as birth asphyxia can result from medical negligence during labor, delivery, or post-birth care.
During a difficult birth, a baby’s delicate nerves can be stretched or torn, leading to paralysis and loss of function. Brachial plexus injuries are a typical result of trauma during birth, often caused by excessive force during delivery. This is a very common form of birth injury.
Improper use of delivery tools or excessive force can cause physical trauma that qualifies as a birth injury. Spinal cord injuries can also occur due to trauma during delivery, and may result in serious and potentially permanent health issues for infants.
A hospital’s failure to test for, or properly treat, an infection can lead to a devastating birth injury.
Preventing birth injuries is a fundamental responsibility of hospitals and medical professionals. Every delivery team must provide proper medical care by closely monitoring both mother and baby throughout labor and delivery. Recognizing fetal distress early and responding quickly can make the difference between a healthy birth and a lifelong injury. Medical providers should have clear protocols in place to treat maternal infections, prevent birth asphyxia, and minimize the risk of brain injuries and other serious complications.
Doctors and nurses must be trained to identify warning signs—such as changes in the baby’s heart rate or symptoms of maternal infections—and act immediately to address any issues. This includes having the resources and readiness to perform emergency interventions when necessary. When medical errors or lapses in judgment occur, the consequences can be devastating for families affected by birth injuries. In these situations, families have the right to pursue a birth injury lawsuit to seek compensation for their child’s injuries and hold negligent parties accountable. By demanding high standards of care and accountability, we can help prevent birth injuries and protect the health of newborns across Delaware.
Recognizing the signs of a birth injury early can make a significant difference in your child’s future. Early intervention not only improves immediate outcomes but can also have a lasting positive impact on your child’s future development, well-being, and life prospects. Some birth injuries are immediately obvious, while others may only become apparent as your child grows and misses developmental milestones. Parents should be vigilant for symptoms such as unexplained physical disabilities, muscle stiffness or limpness, difficulty moving limbs, or a lack of typical newborn reflexes. Developmental delays—such as trouble with feeding, rolling over, sitting up, or walking—can also signal a birth injury. Other warning signs include seizures, persistent breathing or respiratory problems, and ongoing feeding difficulties.
If you notice any of these symptoms, it is crucial to consult with a trusted medical professional right away. Early intervention can improve outcomes, but it’s also important to consider whether the injury could have been prevented. Our experienced birth injury attorneys can help you understand if your child’s condition may be the result of medical negligence and guide you through the legal process. Our birth injury lawyers are skilled at assisting families to pursue compensation for medical expenses, ongoing care, and the support your child needs to thrive. Trust your instincts—if something feels wrong, seek answers and support as soon as possible.
A serious birth injury is rarely an “accident”. It is usually the final link in a chain of preventable medical errors. In our decades of experience, we have found that most birth injury cases stem from a few common, unacceptable failures by the medical team. Medical providers have a critical responsibility to prevent birth injuries by following established standards of care and ensuring the safety of both mother and child during delivery.
Building a strong birth injury case in Delaware starts with gathering the right evidence. Birth injury attorney work involves a thorough investigation, evidence gathering, and careful case valuation to ensure proper compensation for affected families. The foundation of any birth injury lawsuit is a thorough collection of medical records, including prenatal care, labor and delivery notes, and postnatal treatment documentation. These records provide a timeline and details that can reveal whether medical malpractice occurred. In addition to medical records, it’s important to collect statements from medical professionals who were present during the birth, as well as observations from family members or others who witnessed the events.
Building a strong birth injury case in Delaware starts with gathering the right evidence. Birth injury attorney work involves a thorough investigation, evidence gathering, and careful case valuation to ensure proper compensation for affected families. The foundation of any birth injury lawsuit is a thorough collection of medical records, including prenatal care, labor and delivery notes, and postnatal treatment documentation. These records provide a timeline and details that can reveal whether medical malpractice occurred. In addition to medical records, it’s important to collect statements from medical professionals who were present during the birth, as well as observations from family members or others who witnessed the events.
If your child has suffered a birth injury and you suspect it was caused by a medical mistake, it is critical to understand your family’s legal rights in Delaware. The work of our birth injury attorneys often involves immediate case assessment, gathering evidence, and evaluating damages to determine the best course of action. Consulting our team of experienced birth lawyers who are experienced in birth injury law can help ensure your case is handled with the expertise required for successful outcomes. Hiring our experienced birth injury lawyers is essential to navigate complex legal proceedings, secure maximum compensation, and hold negligent medical providers accountable.
Families are encouraged to reach out for a free consultation to discuss their case and legal options.
The most important rule to know is the statute of limitations. This is a strict deadline for filing a lawsuit. In Delaware, a medical malpractice lawsuit must generally be filed within two years of the date the injury occurred.
The law in Delaware can be complex. But you should not wait. Evidence disappears, memories fade, and the sooner an investigation begins, the stronger your case will be. If you suspect a birth injury, you should speak with our lawyers immediately to protect your family’s rights.
Delaware has a specific rule for medical malpractice cases called the “Certificate of Merit” (or “Affidavit of Merit”). This means that, along with your lawsuit, your lawyer must also file a sworn statement from a qualified medical expert. This expert must state that there are reasonable grounds to believe that medical negligence occurred and caused the birth injury. This rule is designed to prevent frivolous lawsuits, and it means that a medical professional must thoroughly investigate your case before it can truly move forward. The Court may grant a 60-day extension for the filing of this Certificate of Merit in limited circumstances.
This is why it’s so important to work with a law firm that has access to a national network of the best medical experts to review your case and provide the necessary certification.
A serious birth injury is not a one-time event; it is a lifelong condition. Many birth injuries require lifelong medical care and may result in severe disabilities, creating ongoing challenges for both the child and their family. A birth injury lawsuit is not about “winning the lottery.” It is about securing the financial resources your child will need to have the best possible quality of life. The compensation from a birth injury case is designed to cover a lifetime of needs, including:
A successful birth injury lawsuit ensures that these costs will not fall on your family’s shoulders. It provides a plan for a lifetime of care. Securing maximum compensation is crucial to meet your child’s lifelong medical and support needs.
When you choose to work with a Delaware birth injury lawyer such as The Child & Birth Injury Firm, you are partnering with a dedicated advocate who understands the challenges your family is facing. Our experienced birth injury attorneys will take the time to listen to your story, review your child’s medical records, and explain your legal options in clear, compassionate terms. From the very beginning, your lawyer will handle every aspect of your birth injury case, from investigating the circumstances of the injury to gathering expert testimony that can prove medical malpractice or negligence.
Throughout the legal process, your injury lawyer will keep you informed and involved, ensuring that your rights are protected at every stage. With a proven track record in birth injury cases, our team of attorneys will fight tirelessly to secure the maximum compensation your child deserves—covering medical expenses, ongoing care, and support for your family’s future. Working with our team of skilled Delaware birth injury lawyers means you have a knowledgeable ally by your side, guiding you through the complexities of your case and helping you pursue justice for your child.
Everyone talks about national statistics from sources like the CDC on infant health, but what is happening right here at home? When you look at the data, you can see patterns that show where the risks are highest.
A little-known fact comes from the March of Dimes, an organization that grades states on maternal and infant health. In their most recent report card, Delaware received a grade of “D+” for preterm births. The report shows that the preterm birth rate in Kent County and Sussex County is significantly higher than in New Castle County. A preterm baby is much more vulnerable to a birth injury, and the risk of children being injured during delivery—including serious birth trauma caused by medical mistakes—is higher in these situations. In high-risk areas, there is a greater likelihood of children injured during birth, making it crucial for families to have access to resources and legal assistance. This data shows that where you live in Delaware can impact your risk, and doctors in higher-risk areas should be providing an even higher level of monitoring and care.
Another revealing source is The Leapfrog Group, a national watchdog organization that assigns safety grades to hospitals. While Delaware has some excellent hospitals, their grades can vary. You can search for hospitals near me on their website to see how they score on things like infections, C-section rates, and communication. A poor safety grade can sometimes be an indicator of systemic problems that can lead to a birth injury. These are the kinds of details our team investigates when we take on a birth injury case. For local support and resources, families can also turn to the University of Delaware’s Center for Disabilities Studies.
While a birth injury can occur at any medical facility, the majority of deliveries in Delaware take place at a few primary hospitals. Understanding where most families receive care provides context for the standards of practice across the state. These facilities include:
Navigating life after a Birth Injury is challenging, but you don’t have to do it alone. Beyond legal support, Delaware offers a strong network of specialized services dedicated to improving the quality of life for your child. Connecting with these organizations is a vital step in ensuring your child receives the comprehensive care they need.
| Organization | Focus Area | Link |
|---|---|---|
| Delaware Department of Health & Social Services (DHSS) - Children with Special Health Care Needs | Provides programs, services, and financial assistance coordination for children with chronic physical, developmental, behavioral, or emotional conditions. | DHSS: Children with Special Health Care Needs |
| Easterseals Delaware & Maryland's Eastern Shore | Offers comprehensive services, including therapy, medical rehabilitation, and assistive technology, for people with disabilities across the state. | Easterseals Delaware & Maryland Locations |
| Delaware Assistive Technology Initiative (DATI) - University of Delaware | Helps Delaware residents of all ages access assistive technology devices and services to maximize independence and function. | Delaware Assistive Technology Initiative (DATI) |
| Child Development Watch (CDW) | Delaware's Part C early intervention program for infants and toddlers (birth to age 3) with developmental delays or medical conditions associated with a Birth Injury. | Delaware Child Development Watch |
| Delaware Association for Children’s Mental Health (DACMH) | Provides information, support, and advocacy for children with special needs and their families throughout the state. | DACMH Website |
The Child Injury Firm is committed to helping you secure the lifetime funding necessary to access these crucial resources and more for your child’s well-being.
A serious birth injury is rarely an “accident”. It is usually the final link in a chain of preventable medical errors. In our decades of experience, we have found that most birth injury cases stem from a few common, unacceptable failures by the medical team. Medical providers have a critical responsibility to prevent birth injuries by following established standards of care and ensuring the safety of both mother and child during delivery.
Building a strong birth injury case in Delaware starts with gathering the right evidence. Birth injury attorney work involves a thorough investigation, evidence gathering, and careful case valuation to ensure proper compensation for affected families. The foundation of any birth injury lawsuit is a thorough collection of medical records, including prenatal care, labor and delivery notes, and postnatal treatment documentation. These records provide a timeline and details that can reveal whether medical malpractice occurred. In addition to medical records, it’s important to collect statements from medical professionals who were present during the birth, as well as observations from family members or others who witnessed the events.
Building a strong birth injury case in Delaware starts with gathering the right evidence. Birth injury attorney work involves a thorough investigation, evidence gathering, and careful case valuation to ensure proper compensation for affected families. The foundation of any birth injury lawsuit is a thorough collection of medical records, including prenatal care, labor and delivery notes, and postnatal treatment documentation. These records provide a timeline and details that can reveal whether medical malpractice occurred. In addition to medical records, it’s important to collect statements from medical professionals who were present during the birth, as well as observations from family members or others who witnessed the events.
This is a lot of information to take in during an already overwhelming time. Here are the most important things to remember:
There are absolutely no upfront costs. At The Child and Birth Injury Firm, we handle every birth injury case on a contingency fee basis. This means we advance all the costs of the investigation and litigation, from hiring the best medical experts to court filing fees. Our fee is a percentage of the financial recovery we win for you. If we do not win your birth injury case, you owe us nothing.
This is what hospitals and their insurance companies almost always say. They will try to blame anything but their own negligence. Our job is to prove them wrong. We do this by hiring independent, world-class medical experts (obstetricians, neonatologists, nurses) to conduct a forensic review of every single page of the medical records. These experts find the mistakes—the missed signs of distress, the delayed decisions—and provide the authoritative testimony needed to prove that the birth injury was preventable.
We understand this completely. It is a very sensitive and personal situation. It’s important to remember two things. First, all doctors have significant medical malpractice insurance policies specifically for this purpose. The lawsuit is almost always defended and paid for by a large insurance company, not the doctor’s personal assets. Second, while you may like your doctor, a preventable birth injury has caused a lifetime of harm to your child. The lawsuit is the only way to get your child the resources they will need. It is not about punishment; it is about providing for your child’s future.
There is no set timeline. A birth injury lawsuit is a marathon, not a sprint. Because the injuries are so severe and the future costs so high, these cases are complex and fought vigorously by the defense. A case can take several years to resolve. Insurance companies often use delays as a tactic to try to wear families down. Our commitment is to move your case forward as efficiently as possible while never sacrificing the thorough preparation needed to win. We will be with you every step of the way, for as long as it takes to get justice for your child’s birth injury.
The most important first step is to contact our firm for a free consultation. Families can reach out to us for a free, confidential consultation as the first step in pursuing justice for a birth injury. We also offer a free case evaluation to assess your potential medical malpractice claims and help you understand your legal options without any financial risk. Do not try to get the medical records yourself or talk to the hospital’s risk managers. Let our team handle it from the beginning. A consultation allows you to get immediate answers, understand your child’s rights, and have our team of experienced professionals begin the fight for justice on your behalf. We are here to help you find the best path forward for your family after a birth injury.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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