Birth Injury Lawyer Bear, DE - The Sharma Law Firm

Birth Injury Lawyer Bear, DE - The Sharma Law Firm - (302) 205-3160

If your child has experienced a birth injury due to medical negligence, you may have the right to seek compensation. The Sharma Law Firm in Bear, DE specializes in birth injury cases and offers a free consultation to discuss your legal options. Our Birth Injury Lawyer Bear, DE will assist you through the process and advocate for the justice and financial compensation you and your child deserve. Feel free to contact The Sharma Law Firm in Bear, DE for a free case evaluation. We operate on a contingency fee basis, so you won't have to pay unless we win your case. Let us assist you in seeking justice for your child's birth injury.

What precisely constitutes a birth injury?

A birth injury refers to any physical harm or trauma a newborn sustains before, during, or shortly after the birthing process. These injuries can range from mild and temporary to severe and life-altering. Birth injuries may result from natural complications, such as a difficult or prolonged labor, or from medical negligence during pregnancy, labor, or delivery. Common types of birth injuries include brachial plexus injuries (nerve damage affecting arm movement), cerebral palsy (a neurological disorder caused by brain damage), fractures, facial nerve injuries, and oxygen deprivation leading to hypoxic-ischemic encephalopathy (HIE). 

Causes can vary, but often involve improper use of delivery tools like forceps or vacuum extractors, failure to monitor fetal distress, delayed C-sections, or mistakes in handling complications such as umbilical cord issues. Distinguishing between a birth defect (a condition developing before birth due to genetic or environmental factors) and a birth injury (harm occurring during the birth process) is crucial. If medical negligence played a role in causing the injury, families might have grounds for a legal claim. Consulting with an experienced birth injury lawyer can help determine if the injury resulted from preventable errors and what legal options are available for seeking compensation.

What kind of compensation can I get for a birth injury case?

In a birth injury case, compensation is designed to cover the financial, emotional, and physical impact the injury has on the child and their family. The specific amount and types of compensation depend on the severity of the injury, the circumstances surrounding the case, and the long-term needs of the child. Economic damages typically include medical expenses, both current and future, such as hospital bills, surgeries, rehabilitation, physical therapy, medication, and specialized equipment. Families may also recover costs related to long-term care, in-home nursing, and educational support services if the child has developmental delays or disabilities. 

Additionally, lost income or reduced earning capacity for the parents, who may need to leave work to care for the child, can be part of the compensation.Non-economic damages address the emotional and psychological effects of the injury, such as pain and suffering, loss of enjoyment of life, and emotional distress for both the child and the family. In cases involving gross negligence or reckless behavior, punitive damages may also be awarded to punish the responsible party and deter similar conduct. Consulting with an experienced birth injury lawyer can help families understand their legal options and pursue the full compensation they deserve to support their child’s future needs.

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

Determining if your child’s injury was caused by medical malpractice can be challenging, as not all birth injuries result from negligence. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to harm. To identify potential malpractice, consider the circumstances surrounding your child’s birth and any signs of medical errors. Key indicators include failure to monitor fetal distress, delayed decisions to perform a C-section, improper use of forceps or vacuum extractors, or inadequate response to complications like umbilical cord issues. 

If your child shows signs of oxygen deprivation, nerve damage, fractures, or developmental delays shortly after birth, these could be red flags. Reviewing medical records can provide insight, but interpreting them requires expertise. Consulting with a birth injury lawyer is crucial, as they can collaborate with medical experts to analyze the care provided, identify deviations from standard practices, and determine if those mistakes directly caused the injury. If you suspect negligence played a role in your child’s condition, don’t hesitate to seek legal guidance. A qualified attorney can help you understand your rights, gather necessary evidence, and explore options for pursuing compensation to support your child’s long-term needs.