Delaware has special laws that create challenges for birth injury victims

Dover, DE – When parents are expecting to have a child, they rarely anticipate the possibility of a birth injury. Unfortunately, this does happen to a number of babies born in the United States each year, with serious consequences. Some may be left with permanent conditions or disabilities, while other injuries may be able to heal in a shorter time frame. The mother can also be affected during the procedure to deliver the baby in a number of different ways. 

When a birth injury occurs, the family should look into the possibility of a medical malpractice case and schedule a meeting with a local lawyer who can answer their questions. Any type of legal action related to medical treatment can be more complex than most other lawsuits, so it is important to only retain an attorney who is experienced in these matters. 

Delaware’s rules for bringing medical malpractice cases

A birth injury often results in a type of medical malpractice lawsuit brought by the victim. there are special rules in the state of Delaware that regulate malpractice cases listed in Title 18 of the state’s statutes. These barriers to entry in a medical negligence case essentially make bringing the lawsuit under Delaware law more challenging than in most other jurisdictions in the United States. This is partially done by the state’s legislature to limit the potential liability of doctors and healthcare companies. 

There is a unique filing requirement that an affidavit of merit must accompany the initial filing for the lawsuit. This must be sworn to and signed by a doctor who is licensed to practice medicine in the state at the time of filing, and for at least three years prior. The doctor must also list their qualifications on the document, and be capable of qualifying as an expert witness in court based on the rules of evidence. The affidavit finally needs to list specific reasons why the doctor thinks that the healthcare provider or company breached its standard of care during the procedure in order to be accepted in the state’s courts. As a practical matter, hiring an expert and paying for their time can be expensive, which could deter some potential litigants.  

There is also a statute of limitations on these types of claims under Delaware’s laws. The case must be brought within two years of the date of the incident in question. If this time period has passed, the victim will be unable to bring a civil case. 

A legal directory is available to assist potential clients

USAttorneys.com is a site that can help people in Dover and other parts of Delaware find the legal help that they need. Anyone who is dealing with a birth injury or related problems can use the listings on the directory to locate an attorney in their area.