Delaware Cerebral Palsy Lawsuit Filing Process

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The Delaware cerebral palsy lawsuit filing process helps parents make medical malpractice claims to recover damages for medical and other expenses. A Delaware cerebral palsy lawyer is your best ally in initiating, navigating, and completing the legal process.

What Kind of Lawsuits Can I File for My Child in Delaware?

In any state, including Delaware, there are two main types of cases you might consider with a child who has cerebral palsy:

• Medical malpractice. A malpractice case is filed against one or more parties, alleging that they failed to provide an adequate standard of medical care, which resulted in harm.
• Discrimination and disability rights. For discrimination or rights violations, consider filing a complaint or a lawsuit. Filing a complaint with a state or federal agency is usually the first step. You may follow up with a lawsuit if state law allows it and you aren’t satisfied with the outcome of the complaint.

How Do I Find the Right Lawyer for the Cerebral Palsy Lawsuit Process?

It’s crucial that you have the right lawyer by your side when beginning to file a cerebral palsy lawsuit. The process requires an expert in the specific laws that govern these cases.

Don’t settle for a general lawyer. You need someone who has gone through this process for other disabled clients and children.

Choose a law firm or lawyer specializing in medical malpractice, disabilities, birth injuries, or disability rights.

Make sure the lawyer you hire has specific, relevant experience and proven wins for similar clients. With this lawyer guiding you, filing a lawsuit becomes more transparent and accessible and is more likely to result in a good outcome for your child.

The Process for Filing a Medical Malpractice Lawsuit over Cerebral Palsy in Delaware

Delaware sets specific laws to govern medical malpractice lawsuits and how they proceed. You need to have a basic understanding of this process, even with a great lawyer guiding you, so that you can make the best choices.

In any state, winning a medical malpractice lawsuit requires proving negligence. For example, if a doctor failed to monitor fetal heart rate during labor and the baby developed brain damage as a result, this could be proven to be negligence.

Understanding the Statute of Limitations

Before taking any other steps, ensure you are still within the statute of limitations and your time hasn’t run out.

Delaware requires that you file a malpractice suit within two years of discovering that negligence occurred, as long as it is not over three years after the negligent act.[1]

Delaware law allows you to stop the clock on the statute if you file what is known as a “notice of intent to investigate.” This goes to each defendant. It extends the timeline by 90 days.

Finding Qualified Medical Experts

You need a qualified medical expert to make your case and even file a lawsuit.

Delaware law requires that the expert meet specific qualifications. They must be experts in the same area of medicine as the defendants and know the appropriate standard of care in the applicable situation.

Filing the Lawsuit with Affidavit of Merit

When it’s time to file the lawsuit, your lawyer must include an affidavit of merit. This document, signed by a qualified medical expert, states that your case has value, and the evidence shows that negligence likely happened.[2]

With the affidavit of merit in hand, your lawyer can file the complaint against the defendants, to which they must respond to continue the process.

Discussing Damages

You’ll also need to discuss damages with your lawyer at this point. Delaware law does not cap damages, so you can seek any amount of economic or non-economic damages from the defendants.

Provide your lawyer with records of medical expenses and other costs associated with your child’s condition.

Negotiating a Settlement

If possible, your lawyer will avoid a trial by negotiating a settlement. Both sides will come together during this part of the process to negotiate. Many defendants will settle at this stage because it costs less money in the long run.

Going to Trial

If negotiations fail, your lawyer will take your case to trial. This means presenting evidence and relying on expert testimony to prove your case to a jury.

The jury decides if malpractice occurred and how much you are owed in damages. If the decision is unfavorable, either side may appeal and restart the process.

Delaware Family Wins $3 Million in Birth Injury Lawsuit

An example of a successful Delaware medical malpractice suit ended in a large settlement for the family of a baby born with significant nerve damage.

During delivery, the baby’s shoulder became stuck in the birth canal. The physician pulled too hard on the baby’s head, causing permanent nerve damage.

While this case didn’t involve cerebral palsy specifically, it shows how a valid claim can lead to compensation for children harmed by medical negligence during labor and delivery.[3]

The Process for Filing Discrimination Complaints in Delaware

Delaware discrimination laws focus mainly on housing, employment, and public accommodations.[4]

If your family experiences discrimination in housing because of your child’s needs or is denied access to public spaces, you can file a complaint with the state’s Office of Civil Rights and Public Trust.

Once the complaint is submitted, the Office will review it to determine if the state Attorney General wants to take legal action.

If you have an issue with education or services provided by the local schools, you are more likely to address your complaint to the federal government. If either instance is not resolved satisfactorily, you may file a lawsuit, although Delaware does not allow civil suits over public accommodations.

The Delaware cerebral palsy lawsuit filing process can be confusing and intimidating. But if you understand the process and stages better, you can feel more confident seeking justice for your child, especially with the right lawyer to guide you.