Few medical injuries are more devastating than those that occur at birth. A child injured during delivery may face lifelong consequences, and families often need substantial resources to provide care. Delaware law recognizes that birth injury claims involve both medical malpractice principles and unique considerations specific to minors.
The Detailed Answer
Birth injury claims are generally evaluated under Delaware’s Medical Negligence Act, 18 Del. C. §§ 6801 et seq., with special attention to the rules that apply to claims involving minors.
Common Birth Injuries
Examples of injuries that are sometimes the subject of malpractice claims include:
- Hypoxic-ischemic encephalopathy (HIE) and other forms of brain injury caused by oxygen deprivation
- Cerebral palsy linked to birth events
- Brachial plexus injuries (Erb’s palsy) from shoulder dystocia management
- Skull fractures or bleeding caused by improper use of forceps or vacuum extraction
- Maternal injuries, including hemorrhage and untreated preeclampsia
Where Negligence May Occur
- Prenatal care (failing to identify or monitor high-risk conditions)
- Failure to recognize and respond to fetal distress on monitoring strips
- Delayed decisions about cesarean delivery
- Improper management of difficult deliveries, including shoulder dystocia
- Anesthesia complications
- Postnatal care, including failure to recognize neonatal distress
Statute of Limitations and Minors
Delaware applies special rules for minors’ medical malpractice claims, generally allowing additional time beyond the standard statute of limitations because of the minor’s age. The exact framework involves both 18 Del. C. § 6856 and Delaware’s general rules on minors’ claims. Despite these extensions, families should engage counsel early because the medical investigation is extensive and evidence preservation is important.
Damages
Birth injury damages can include lifelong medical care, therapy, special education, lost earning capacity, home modifications, and pain and suffering. Life care planning by qualified professionals is often a central part of the case.
What This Means for Your Case
Birth injury cases are among the most complex in medical malpractice law. They typically involve voluminous prenatal, intrapartum, and neonatal records, multiple providers, and detailed analysis of fetal heart rate tracings. Qualified medical professionals from obstetrics, maternal-fetal medicine, neonatology, and other specialties may be involved.
If you believe medical negligence contributed to your child’s birth injuries, gather all available records, including prenatal records, hospital labor and delivery records, and ongoing developmental and medical records. Photographs and any incident reports can also be valuable.
Related Questions
Q: How long do we have to file a birth injury claim?
Special rules for minors generally provide additional time, but waiting can complicate the case. Talk to counsel as soon as possible.
Q: Are birth injury cases always malpractice?
No. Some birth injuries occur despite proper care. Whether negligence was involved requires detailed review by qualified medical professionals.
Q: Can both the mother and child have separate claims?
Yes. Mothers and children can each have their own claims if both were injured by negligent care.
Records to Preserve in a Suspected Birth Injury Case
If you believe your child suffered a birth injury, request and preserve:
- Complete prenatal records from all OB providers
- Hospital labor and delivery records, including fetal heart rate monitoring strips
- Anesthesia records
- Operative reports for cesarean delivery if performed
- Neonatal intensive care records
- All ongoing pediatric, developmental, and therapy records
- Imaging studies (head ultrasound, MRI)
- Photographs of injuries
Damages in Birth Injury Cases
Damages in serious birth injury cases can include:
- Lifetime medical care, including therapy, equipment, and home modifications
- Special education costs
- Lost earning capacity over the child’s lifetime
- Pain and suffering
- Parental claims for loss of consortium where available
Life care planning is often a central feature of these cases. A qualified life care planner works with treating physicians to project the child’s future medical and supportive needs and translate them into projected costs.
The Long Road of Birth Injury Litigation
Birth injury cases typically take longer to investigate and resolve than most other malpractice claims because of the volume of records, the number of providers involved, and the complexity of the medical issues. Families should be prepared for a process that can extend over years and should work with a Delaware attorney experienced in this area.
When to Talk to a Delaware Medical Malpractice Lawyer
If you believe your child suffered a preventable birth injury, talk with a Delaware medical malpractice attorney to evaluate the case. Schuster Jachetti LLP has experience handling Delaware birth injury claims. Learn more about Delaware medical malpractice, the definition of malpractice, suing a hospital, and statute of limitations.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.