Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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In our decades of experience, these serious injuries are almost never bad luck. Birth injuries can have a profound and lasting impact on a the child’s life, affecting their health, development, and future well-being. They are almost always the result of a preventable mistake. We support each client with personalized legal guidance and advocacy throughout the process.
Every doctor and hospital in Wilmington is held to a “standard of care”—a set of basic safety rules they must follow to protect you and your baby. Healthcare providers who fail to meet this duty of care may be held responsible for the harm caused. A life-altering birth injury is a devastating sign that those rules were broken, impacting not only the child but also family members who must cope with the consequences. Addressing a child’s injury requires both legal and medical action to ensure the child receives ongoing care, support, and the resources needed for the best possible quality of life.
When a medical team’s negligence causes this kind of harm, it is medical malpractice. Our entire job is to be your investigators. We will get the records, we will find out what happened in that delivery room, and we will get you the truth. Legal action is often necessary to seek justice and compensation in these medical malpractice cases. Choosing the right birth injury lawyer is essential for the best possible outcome. Moving forward, parents should expect a thorough investigation, compassionate support, and a dedicated legal team committed to holding all negligent parties accountable.
While every birth injury case is unique, many share common root causes often linked to medical negligence. In Wilmington, these can include:
Wilmington is served by major medical institutions, where thousands of babies are born each year. The hospitals where most babies are born in Wilmington and the surrounding New Castle County area include:
When a birth injury occurs at any of these facilities, our team meticulously investigates the events leading up to and during delivery, reviewing all medical records, policies, and procedures to determine if negligence played a role in your child’s birth injury.
Navigating a birth injury case in Delaware requires a clear understanding of the state’s unique legal landscape and the protections available to families affected by medical malpractice. Delaware birth injury law is specifically designed to safeguard the rights of children and families when medical professionals fail to provide the standard of care expected during childbirth, resulting in serious birth injuries with lifelong consequences.
If your child has suffered a birth injury in Delaware, it’s crucial to know that the law imposes strict time limits on when you can file a birth injury claim. Generally, families have two years from the date of the injury or its discovery to take legal action. However, Delaware recognizes that some birth injuries—such as cerebral palsy, brachial plexus injuries, or brain injuries—may not be immediately apparent. For cases involving minors, the statute of limitations is extended, allowing families to file a claim up until the child’s sixth birthday. Because these deadlines are critical, consulting an experienced birth injury attorney as soon as possible is essential to protect your family’s legal rights.
Delaware birth injury lawyers play a vital role in holding medical professionals and healthcare providers accountable for medical negligence. To succeed in a birth injury case, your attorney must demonstrate that your child’s injury was a direct result of a breach in the standard of care. This process involves a meticulous review of medical records, collaboration with medical experts, and a thorough investigation into the actions of doctors, nurses, and hospital staff. Medical malpractice lawyers with extensive experience in Delaware birth injury cases understand how to build a compelling case, negotiate with medical providers, and pursue fair compensation for your child’s ongoing and future needs.
In addition to compensation for medical expenses, therapy, and adaptive equipment, Delaware birth injury law also allows families to seek damages for wrongful death if a child’s life is tragically lost due to medical malpractice. Birth injury attorneys are committed to securing justice for families, ensuring that those responsible for a child’s injuries or wrongful death are held responsible.
Choosing the right Delaware birth injury lawyer can make all the difference in the outcome of your case. The negotiation process with hospitals and insurance companies can be complex and time consuming, but a dedicated legal team will provide the legal representation and advocacy your family needs. With the support of a knowledgeable birth injury attorney, you can focus on your child’s recovery and future, knowing that your legal team is fighting for the best possible outcome and the compensation your family deserves.
If you believe your child’s injury was caused by medical negligence, don’t wait to seek legal help. Reach out to a Delaware birth injury lawyer with a proven track record and extensive experience in birth injury law. Your family’s future and your child’s well-being are too important to leave to chance.
When a child suffers a birth injury as a result of medical malpractice, the impact on Wilmington families can be overwhelming—emotionally, physically, and financially. Birth injuries often require immediate and long-term medical care, specialized therapies, and adaptive equipment, placing a significant burden on families who only want the best for their child. Understanding what damages can be recovered in a birth injury case is a crucial step toward securing your child’s future.
In Delaware birth injury cases, families may be entitled to recover a wide range of damages. Economic damages are designed to cover the tangible costs associated with your child’s injury. These can include hospital bills, ongoing medical expenses, physical therapy, surgery, medication, and the cost of specialized care for conditions such as cerebral palsy or brachial plexus injuries. If your child’s injuries require lifelong care or adaptive equipment, an experienced birth injury attorney will work to ensure these future costs are fully accounted for in your claim. Settlement amounts in birth injury cases often include not only compensation for damages but also legal fees and other associated costs, helping families manage the financial burden of pursuing justice.
Beyond medical expenses, families may also recover compensation for lost wages if a parent must leave work to care for their child, as well as for the loss of the child’s future earning capacity if the injury will impact their ability to work as an adult. These financial damages are essential in helping families manage the ongoing care and support their child will need throughout their life.
Non-economic damages are equally important in birth injury law. These damages recognize the pain and suffering, emotional distress, and loss of enjoyment of life that a birth injury can cause. The trauma of seeing your child struggle with developmental delays, emotional and behavioral challenges, or the lifelong consequences of a brain injury or physical impairment cannot be measured in dollars alone. A skilled birth injury lawyer will help demonstrate the profound impact these injuries have on your child and your entire family, fighting for fair compensation that truly reflects your loss.
In some birth injury cases, punitive damages may also be available. These are awarded in situations where medical professionals or hospital staff acted with gross negligence or reckless disregard for patient safety. Punitive damages serve to hold those responsible fully accountable and to deter similar acts of negligence in the future.
Navigating a birth injury claim can be complex and time consuming, especially when dealing with insurance companies and medical providers. That’s why it’s essential to work with a law firm that has extensive experience in birth injury law. An experienced birth injury attorney will gather medical records, consult with medical experts, and guide you through the negotiation process to pursue the best possible outcome for your family. If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and advocate for your child’s rights in court.
It’s important to remember that Delaware law imposes a time limit—known as the statute of limitations—on birth injury claims. Generally, families have two years from the date of injury to file a lawsuit, with certain exceptions for minors. Acting promptly ensures your legal rights are protected and maximizes your chances of recovering the compensation your child deserves.
At The Child Injury Firm, we believe every Wilmington family affected by a birth injury caused by medical negligence deserves justice and the financial resources necessary to support their child’s ongoing care. With the right legal representation, you can move forward with confidence, knowing you have a dedicated team fighting for your child’s best interests and future well-being. If you have questions about damages in a birth injury case or need legal help, reach out for a free consultation with our experienced birth injury lawyers today.
Caring for a child with a birth injury can be a lifelong journey, and Wilmington offers various resources to support families:
Finding the best support system “near me” is crucial, and these resources can be a starting point for families in Wilmington seeking help after a birth injury.
If your child suffered a birth injury in a Wilmington hospital, a thorough investigation is crucial to determine if medical malpractice occurred.
Common medical errors include failures in monitoring, delayed C-sections, and improper use of delivery tools, leading to a birth injury.
Wilmington families have a limited time to file a lawsuit, so acting quickly to protect your child's rights is essential.
A birth injury claim seeks compensation for a lifetime of medical care, therapy, adaptive equipment, and other needs your child will have.
Caring for a child with a birth injury requires ongoing support and community connections. Smyrna families can access various resources:
While primarily focused on vocational training and employment services, KSI offers community integration and support programs in the region that can sometimes benefit individuals with disabilities resulting from a birth injury. Physical therapy is often a necessary part of ongoing care for children with birth injuries, and these programs may help connect families to such services. (Visit Kent-Sussex Industries (KSI))
A vital parent-to-parent network providing support, information, training, and advocacy for families of children and youth with special health care needs, including those navigating life after a birth injury. Families may be entitled to economic damages for tangible losses like medical bills and lost wages, as well as non economic damages for pain, suffering, and loss of quality of life. (Visit Delaware Family Voices)
A long-standing statewide agency offering a wide array of social, educational, and mental health services that can provide crucial support for families managing the complexities associated with a child’s birth injury. Personal injury attorneys play a key role in helping families access these resources and secure compensation for both economic and non-economic damages. Support from family members is also essential, and testimony from family members can provide valuable firsthand accounts that strengthen legal cases. (Explore Children & Families First (Delaware))
Finding the best support for a child with a birth injury “near me” is crucial for long-term well-being and development.
It’s completely normal to feel this way. The first step is to seek a confidential consultation with an experienced birth injury law firm like ours. You do not need to confront your doctors or the hospital. Our firm will handle obtaining all necessary medical records and engaging independent medical experts to review your child’s birth injury case without you having to navigate those difficult conversations directly. Our focus is on fact-finding to determine if medical negligence caused the birth injury, which is a separate process from your ongoing medical care.
You don’t have to—that’s our job. The hospital’s team will always protect its own; they will always say the injury was “unavoidable.” We respond by bringing in our own team of objective, third-party medical experts.We have an extensive network of specialists who will conduct a thorough, independent investigation. Their job is to determine the real cause of the injury. They know the difference between a truly unpreventable event and a “rare complication” that a competent, prepared medical team should have been able to handle. We fight to make sure the facts are heard, not just the hospital’s side of the story.
This is a very important concern for families. A significant settlement or award for a child’s birth injury could potentially impact eligibility for needs-based government benefits like Medicaid or Supplemental Security Income (SSI). However, an experienced birth injury lawyer can help establish a “Special Needs Trust” (also known as a Supplemental Needs Trust). This legal tool allows settlement funds to be managed for your child’s benefit without disqualifying them from essential government assistance. It’s about protecting your child’s financial future and ensuring they have access to all available resources 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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