What is a birth injury settlement?
A birth injury settlement is a sum of money that is paid to a family for financial compensation for the injuries their baby sustained during labor and/or delivery. In Delaware, these settlements can be awarded to cover losses for medical bills related to the injury, both present and future, as well as for physical pain, emotional suffering, and loss of quality of life. Birth injury settlements are typically negotiated between the family and the doctor/hospital that provided care during labor and delivery. When evaluating a birth injury settlement, the court system will take into account the extent of the medical expenses, the severity of the injury and the resulting effect on the baby and family’s life. The court considers the medical negligence of the doctor or medical provider, and must also determine whether or not the injury resulted from a medical error. Once all of these factors have been taken into consideration, the court will determine a financial award that should be provided to the family. In most instances, the family’s attorney will negotiate the settlement amount with the defendant’s legal counsel, with the court making a final determination if the parties cannot come to an agreement. If a settlement is reached, the family is typically expected to waive their right to take the case to trial. If the parties cannot come to an agreement on a settlement, the case may go to court.
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