What is medical negligence and how can it be used in a birth injury claim?

Medical negligence, also known as medical malpractice, is when a healthcare professional fails to provide a medical care or treatment that meets the accepted standard of care. For example, if a doctor fails to diagnose a condition in a patient or provides a treatment that is inappropriate, it could be considered medical negligence. In a birth injury claim in Delaware, medical negligence may be used to prove that the care given to a mother or her baby caused or contributed to a birth injury. To prove medical negligence occurred, it must be demonstrated that a healthcare provider failed to meet the applicable standard of care. This can be done with expert evidence; such as, medical records, medical opinions, and testimony from a qualified expert witness. The basis of a birth injury claim in Delaware is that the healthcare provider was negligent and that this negligence caused injury to either the mother or baby. For example, if a doctor failed to diagnose a mother’s condition which could have caused a preventable birth injury, the family may be able to pursue a birth injury claim. When pursuing a birth injury claim in Delaware, it is important to hire an experienced attorney who has handled similar cases and is familiar with the applicable state laws. As the evidence presented in birth injury cases can be complex, an experienced attorney will be able to determine if the attorneys providing care met the applicable standard of care and if medical negligence occurred.

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What is medical negligence and how can it be used in a birth injury claim?

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