What is obstetrical malpractice and how do I prove it?
Obstetrical malpractice is a type of medical malpractice that occurs when a doctor fails to follow the accepted medical standards of care when treating a woman and her unborn baby during labor and delivery. When this negligence causes injury to the mother or newborn, the doctor may be liable for the resulting damages. In order to prove obstetrical malpractice, the claimant must demonstrate that the doctor was negligent in providing medical care, meaning that they failed to provide the same level of care that a reasonable doctor would have provided in the same situation. This could include failing to diagnose a medical condition appropriately or failing to adequately respond to risks or signs of distress in the mother or baby. In Delaware, a claimant must also prove that the doctor’s negligence was the direct cause of the injury or damage suffered by the mother or baby. This means that the claimant must show that, had the doctor followed the accepted standards of care, the injury or damage would not have occurred. Additionally, the claimant must prove that they sustained an injury or damage as a result of the medical malpractice. Examples of birth injury damages include physical and mental trauma, pain and suffering, medical expenses, lost wages, and decreased life expectancy. Finally, a claimant in Delaware must also file a claim within two years of the date of the injury or the date that the injury was discovered, whichever is later. This time limit is known as the statute of limitations and it is enforced strictly, even if the injury occurred during birth.
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