Delaware Birth Injury Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

A Delaware birth injury lawyer is a type of personal injury attorney who can help families affected by cerebral palsy, Erb’s palsy, and other serious conditions resulting from a health care professional’s negligence. An attorney can help you file a lawsuit and recover compensation for surgery, therapy, and other medical expenses. See if you can work with a Delaware birth injury lawyer right now.

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Working With a Delaware Birth Injury Lawyer

When a doctor, nurse, or other health care provider’s negligence leads to a preventable birth injury, the child’s family has to shoulder the financial burden that comes with treatment.

However, a birth injury lawyer can help the family pursue compensation and hold the negligent party (or parties) accountable through a birth injury lawsuit.

Delaware Capitol Building with lights turned on at sunsetSince birth injuries are subject to state law, you’ll need to work with a Delaware birth injury lawyer to file your claim.

In addition to filing the lawsuit, your attorney can collect evidence and build the strongest case possible to secure the maximum amount of financial compensation for your family.

Compensation from a birth injury lawsuit can go toward medical bills, adaptive equipment, mobility devices, and more.

Our partner birth injury law firm has recovered over $917 million for families nationwide, including those in Delaware — and they’re ready to help yours too.

Our partner law firm can work with Delaware families in:

  • Bear
  • Brookside
  • Claymont
  • Dover
  • Glasgow
  • Hockessin
  • Lewes
  • Middletown
  • Milford
  • Newark
  • Pike Creek Valley
  • Smyrna
  • Wilmington
  • Wilmington Manor
  • Other Delaware cities

If you believe your child’s injury was preventable and caused by the negligence of a medical professional, talk to one of our registered nurses today to learn about the steps you can take.

Nurse Beth Carter

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Birth Injuries and Medical Negligence

Doctors, nurses, and other health care providers are trained professionals, and we hold them to an especially high standard of care. When they fail to meet this standard and make mistakes in the delivery room, they can cause serious injury or permanent harm. This may be considered medical malpractice or medical negligence.

Unfortunately, on top of dealing with the trauma of a birth complication, the family is also left with the unexpected costs of treating the injury. In some cases, these expenses can last throughout the child’s lifetime.

It’s the responsibility of a Delaware birth injury lawyer to prove that the health care providers and/or hospital did not meet the standard of care and that the child was injured as a result. They can help families recover fair compensation for treatment costs resulting from a birth injury caused by medical negligence.

Doctors and hospitals may be at fault for medical negligence if they:

  • Don’t detect or treat signs of oxygen deprivation (hypoxia)
  • Fail to perform a C-section (cesarean section) in a timely manner
  • Fail to recognize or treat signs of fetal distress
  • Improperly use forceps, vacuum extractors, or other assistive delivery tools
  • Use excessive force on a child’s head, neck, arm, or shoulders

If you believe that medical negligence caused your child to suffer a preventable birth injury, you may be able to work with a Delaware birth injury lawyer.

Types of Cases Delaware Birth Injury Attorneys Handle

Delaware birth injury attorneys help the loved ones of children who were injured by birth-related medical malpractice.

A Delaware birth injury lawyer can handle cases involving:

If your child suffered one of the above injuries, your family may be eligible for financial compensation. Call our team today at (800) 914-1562 to find out if you can work with a Delaware birth injury lawyer.

Delaware Birth Injury Settlements and Verdicts

Birth injury lawsuits can end in one of two ways: a settlement or verdict.

Small Lady of Justice statue on the desk of a Delaware birth injury lawyerAccording to Black’s Law Dictionary, 95% of personal injury claims end in a settlement, which usually means the case doesn’t go to court.

Instead, the defendants (the health care provider(s) and/or hospital responsible for the injury) agree to pay a lump sum to the plaintiff (the family of the injured child).

If your Delaware birth injury lawyer cannot reach a settlement, the next step is to go to trial. In this case, your attorney will represent you in court and work to prove that medical negligence by the defendant(s) caused your child’s birth injury.

If the judge or jury rules in your favor, the defendant will be ordered to pay you a specific sum of money in compensation.

Whether they end in a settlement or verdict, birth injury cases can be worth millions of dollars.

  • $3 million verdict

    for a brachial plexus injury that was caused by medical malpractice

It is important to remember that every claim is different, and there are many factors that determine a case’s value. However, an experienced Delaware birth injury lawyer has the skills and resources to fight for maximum compensation on behalf of the family.

Request a free case review now to get started.

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Do you suspect your child’s birth injury was caused by medical malpractice?

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When to File a Birth Injury Lawsuit in Delaware

If you believe that medical malpractice caused your child’s birth injury, don’t delay in contacting a Delaware birth injury lawyer. Due to statutes of limitations, you only have a short window in which to act.

Each state has its own statute of limitations, which is a deadline that prevents people from filing legal claims after a certain time. If you don’t file your claim by the deadline, you may never be able to pursue compensation for your child’s birth injury.

  • 2 Years

    DE Statute of Limitations for Birth Injuries

  • 2 Years

    DE Statute of Limitations for Infant Wrongful Death

You should reach out to a Delaware birth injury lawyer even if your child hasn’t been formally diagnosed. Their legal team will be able to help you identify what caused your child’s injury and determine if you’re eligible to file a claim.

Get Help From a Delaware Birth Injury Lawyer

Medical professionals who are trained to deliver babies are responsible for ensuring that children are born safely and unharmed. When doctors, nurses, or hospitals fail to uphold their duty of care and a child is injured as a result, they may be guilty of medical negligence.

The consequences of birth injuries are heartbreaking for so many families, and the unexpected financial burden that comes with treatment can be ongoing. Fortunately, a Delaware birth injury lawyer may be able to help you obtain the compensation needed to manage your child’s condition and improve their quality of life.

Get a free case review today to find out if you can work with a Delaware birth injury lawyer.

Delaware Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Delaware?

In the state of Delaware, the statute of limitations for birth injury claims and infant wrongful death claims is 2 years.

While the “discovery rule” allows families to file a claim up to 2 years after the discovery of the injury rather than the injury itself, this only extends the statute to 3 years or the child’s 6th birthday (whichever is later).

It’s crucial to act as soon as possible to avoid missing the deadline and losing your chance to file a lawsuit. If you believe your child suffered a preventable injury due to medical negligence, contact a Delaware birth injury attorney right away.

Call us today at (800) 914-1562 to see if a Delaware birth injury attorney can help your family take legal action.

How much do Delaware birth injury lawyers cost?

Top Delaware birth injury lawyers make their services accessible to everyone by working on a contingency fee basis. That means they don’t get paid unless they win your case, and you will never have to pay out of your own pocket.

Instead of charging upfront fees, your attorney will receive a percentage of any compensation recovered from a settlement or verdict to cover their legal costs.

How do I know if my child’s birth injury was caused by medical negligence?

You can find out if medical negligence caused your child’s birth injury by working with an experienced Delaware birth injury lawyer.

If your lawyer determines that your child’s birth injury was preventable and caused by medical negligence, you may be able to file a lawsuit.

A qualified Delaware birth injury attorney will have the skills, resources, and expertise to guide you through the process and help you fight for the compensation you deserve.

Get a free consultation now to find out if you might be eligible for financial compensation.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. American Bar Association. (2020, December 3). Fees and Expenses. Retrieved June 2, 2024, from
  2. Delaware Legislature. (n.d.). The Delaware Code Online. Delaware Code Online. Retrieved June 2, 2024, from
  3. Understand Discovery Rule, How to Avoid its Effects. Relias Media. (2017, January 1). Retrieved June 2, 2024, from