Best Birth Injury Lawyers in Delaware
What Makes a Lawyer the Best?
Welcoming a new baby should be a joyful occasion. But for families grappling with the effects of a birth injury, a time of happiness can quickly turn into a period of stress and uncertainty. Recent statistics show that thousands of newborns yearly suffer potentially fatal injuries. While some of these injuries are not preventable, even with the best medical care. But in other instances, negligence on the part of medical providers before, during, or immediately after a birth can cause a newborn to suffer severe and permanent impairments.
Delaware families faced with a potentially preventable birth injury are entitled to file a lawsuit and pursue compensation on behalf of their child. A skilled Delaware birth injury lawyer can be invaluable during this process. But what traits make a Delaware birth injury lawyer the best? While a demonstrated history of results is important, it’s not enough. The top Delaware birth injury attorneys have also earned recognition from their peers, as well as past and current satisfied clients.
It Starts with Results
Birth injury litigation is a highly specialized area of law. It requires diligent research, superior research skills, and extensive knowledge of related laws and statutes. The best Delaware birth injury lawyers translate these abilities into high dollar verdicts settlements for their clients. Building a proven track record of results can take time, but a top-notch Delaware birth injury attorney has the passion and commitment to advocate aggressively for the injured.
Lawyers Who Get Results
If you’re searching for the best injury lawyers in Delaware, it’s essential to research their results, reviews, and professional recognition. Based on these benchmarks, some outstanding Delaware birth injury lawyers include:
Hudson, Castle & Inkell, LLC – This Wilmington-based firm has dozens of five-star Google reviews and an impressive track record of verdicts and settlements, including a $3 million birth injury verdict for nerve damage that occurred when an obstetrician applied excessive traction to the baby’s head. Firm co-founder Bruce Hudson has been named one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, and a Super Lawyer by Super Lawyer Magazine.
Shelsby & Leoni, PA – With offices in several jurisdictions, including Wilmington, this firm has won tens of millions of dollars for clients impacted by medical negligence. Its successes include a $4.6 million birth injury settlement. In addition to high Google reviews from satisfied clients, the firm has also earned extensive recognition from other members of the legal field. Firm partner Robert Leoni is a member of the American Bar Association and the American Association of Justice, and in 2019 he was named a top lawyer by Delaware Today magazine.
McCann, Dillon, Jaffe & Lamb, LLC – While this firm has several offices along the east coast, its Wilmington location has especially favorable Google reviews. It has recovered millions in compensation for medical malpractice victims, including families impacted by birth injuries. Founding firm member Robert E. McCann has been a Super Lawyer by Super Lawyers magazine every year since 2007, and he maintains memberships in the American Association for Justice, the American Bar Association, and the Delaware County Bar Association.
Barros, McNamara, Malkiewicz and Taylor, P.A. – With several locations scattered throughout Delaware, this highly rated personal injury firm has recovered tens of millions in verdicts and settlements for injured plaintiffs. Firm partner Robert J. Taylor actively participates in the Delaware Trial Lawyers Association and the American Trial Lawyers Association. In 2016 he was named as one of the 10 Best personal injury attorneys in Delaware by the American Institute of personal injury attorneys. His co-partner Michael J. Malkieicz is a former Deputy Attorney General with the Delaware Department of Justice and is active in many professional organizations, including the Central Delaware Chamber of Commerce and the Colonial Rotary Club.
Examples of Delaware Birth Injury Lawsuits
In September 2017, a jury in New Castle County, Delaware, awarded $3 million to the family of a boy with permanent right arm damage sustained during his 2008 birth. The verdict came after the boy’s mother filed a lawsuit alleging that the delivering obstetrician pulled too forcefully on his head to dislodge him from the birth canal, causing significant nerve damage to the right arm and shoulder.
While the family’s attorney Bruce Hudson reportedly tried to enter into settlement negotiations with the obstetrician’s malpractice insurer, it rejected his offers, and the case then proceeded to trial. The $3 million verdict was later capped to $750,000 after all parties in the case finalized an agreement.
Birth injury negligence, like in the case outlined above, can occur in many forms. Some common instances of medical negligence during birth include:
- Using forceps or vacuums incorrectly
- Excessive force during delivery
- Failing to monitor the mother
- Failing to respond to fetal distress
- Incorrect administration of an epidural
- Improper use of Pitocin (a drug used to induce labor)
- Administering medicine resulting in harmful side effects to the mother or fetus
- Waiting to give a C-section
- Mistakes during a C-section
In certain instances, a preventable birth injury can occur when a mother does not receive proper prenatal care. A good Delaware birth injury attorney will investigate whether pregnancy complications, including pre-eclampsia, vaginal tears, diabetes, infections, and blood clots, were left untreated and contributed to problems during labor and delivery.
Common Birth Injury Defendants in Delaware
Birth injury cases are complex and can include many defendants. It’s not uncommon for one or more obstetricians, nurses, or surgeons to be named in a birth injury lawsuit along with the medical facility where the birth injury occurred. Some of the most named defendants in Delaware birth injury lawsuits are:
- Select Specialty Hospital
- ChristianaCare Hospital
- Bayhealth Kent General Hospital
- Beebe Healthcare-Lewes
- St. Francis Hospital-Wilmington
About Delaware Birth Injury Cases and Birth Injury Law
In Delaware, the general statute of limitations for medical malpractice claims is two years from the date of the alleged injury. Delaware also has strict constraints on the so-called “discovery rule” employed more liberally in other jurisdictions – meaning, medical malpractice plaintiffs in Delaware typically don’t receive an extension on the two-year limitations period, even if it takes longer than that to become aware that medical negligence may have occurred. In scenarios where a plaintiff demonstrates they could not have reasonably discovered the medical negligence within two years, the limitations window is extended by only one year.
Delaware statute does allow an extended limitation period for medical malpractice victims who are minors. Current state law permits minors to pursue medical malpractice damages until their sixth birthday.
In Delaware, plaintiffs pursuing a medical malpractice lawsuit must also submit an “affidavit of merit” with their filing. This document is essentially a written statement from a medical expert confirming there are “reasonable grounds” for litigation.
Unlike many states, Delaware has no recovery caps on economic or non-economic damages recovery.
A Successful Birth Injury Case Starts With Choosing the Best Representation
A birth injury lawsuit is never something you want to take on without a qualified attorney. Considering the complex nature of this type of litigation, the stakes are just too high. The best Delaware birth injury lawyers understand that pursuing justice for the injured requires the highest levels of commitment and expertise. That’s why taking the time to research and select the best Delaware birth injury attorney – one who combines proven results with a fearless commitment to advocacy – is the most critical factor in your lawsuit’s outcome.