What are the elements of a birth injury claim?
Birth injury claims in Delaware involve a variety of elements, each of which must be proven before anyone can be held liable for the injury. To have a successful claim, a plaintiff must prove that a medical professional acted negligently. Negligence is the failure of a person to act in a reasonable manner that would be expected considering the circumstances. Examples of negligence include improper diagnosis, incorrect medication administration, and neglecting to provide appropriate medical care. In addition to proving negligence, the plaintiff must also prove that the negligence was the direct cause of the injury. This means that the plaintiff must demonstrate that the birth injury would not have occurred had the medical professional not acted negligently. The plaintiff must also prove damages. Damages can include expenses related to medical treatments, lost wages, and other losses. Furthermore, the plaintiff must be able to prove that the injury caused pain and suffering for them or their child. Finally, the plaintiff must also demonstrate that the statute of limitations has not run out. The statute of limitations dictates the timeline in which a claim must be made. This is often two years from the date of the injury, but this can vary depending on the case. In summary, a birth injury claim in Delaware involves proving negligence, causation, damages, and that the statute of limitations has not expired.
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