What is negligence in birth injury cases?
Negligence in birth injury cases is when a healthcare professional fails to provide the expected standard of care that a patient should have received. This type of negligence can lead to serious injuries, including cerebral palsy, seizure disorders, spasticity, and other conditions. In Delaware, birth injury cases are evaluated using the "medical malpractice standard". This standard requires proving that the medical care provided was below the accepted medical standard of care in that particular situation and that the injury was in some way related to the care provided. The standard of care required in these cases is based on the expertise of the average provider of similar services in the same geographical area. The court considers the circumstances in which the doctor or other provider was engaged and the condition and age of the patient at the time of the care provided. The court must also consider whether any additional measures could have been taken to avoid the injury sustained. In Delaware, a person who has been injured due to medical negligence can file a medical malpractice lawsuit to seek compensation for damages such as medical bills, lost wages, pain and suffering, and more. However, the injured party must be able to prove that the healthcare provider failed to provide the expected standard of care. It is important to have a strong legal team on your side to help you with this complex process.
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