Learning that your child’s injury at birth probably did not have to happen hits like a blow. You sit in clinics, drive to therapy, and face a future no one can map, all while asking whether a professional’s error started the pain. To win a birth injury claim, you must show that the doctor or nurse strayed from the rules other carers follow during pregnancy, labor, or delivery.
Thinking about a lawsuit? Start by understanding what kind of proof actually matters. A birth injury medical malpractice lawyer in Delaware knows exactly what evidence holds up and can help you build a case that gets taken seriously.
Medical Records
Medical records show the gap between what your care team did and what they were supposed to do. You’ll need:
- Hospital records from labor and delivery
- Fetal monitoring strips showing your baby’s heart rate patterns
- Complete prenatal care documentation
- Your baby’s immediate post-birth medical records
- Neonatal Intensive Care Unit (NICU) admission records and treatment notes
- Nursing notes and physician orders
These records tell the story without anyone’s spin on it. They indicate whether staff recognized the red flags, how much time they wasted before taking action, and what they actually did when they finally responded.
You’re entitled to copies of all these records. Get them now—waiting makes them harder to track down, and memories get fuzzy while paperwork tells the real story.
Expert Medical Testimony
You need other doctors—OB-GYNs, baby specialists, neurologists—to look at what happened and say you’re right. They lay out the Standard of Care, which is just what competent doctors should’ve done in your shoes. Then they go through your records, call out the mistakes, and show how those failures caused your kid’s injuries.
A qualified birth injury medical malpractice lawyer already works with experts who testify in these cases regularly and know what Delaware courts expect.
Documentation of Your Child’s Condition and Needs
Your child’s current medical condition proves how serious the injury really is. Pull together everything that shows what your child is dealing with:
- Diagnostic imaging reports (MRIs, CT scans, ultrasounds)
- Developmental assessments and neurological evaluations
- Ongoing treatment records and therapy notes
- Medical prognoses from current treating physicians
- Documentation of required future care
This paperwork proves what your daily life looks like now and adds up what’s ahead—years of doctor visits, therapy sessions, and special care your child wouldn’t need if someone hadn’t dropped the ball.
Timeline and Witness Accounts
Start writing things down before they get hazy. That comment from the nurse that didn’t sit right. How long you were alone between checks. The exact moment panic set in, and nobody seemed to care.
Write down names—your OB, the nurses who were there, and the anesthesiologist. When lawyers start digging, you’ll need to know who saw what happened.
Get Expert Help for Your Case!
An experienced birth injury attorney takes over the evidence hunt, lines up the medical experts, and handles the legal heavy lifting so you can actually be there for your kid.
Delaware doesn’t give you forever to file these claims—the clock’s already running. If you think negligence hurts your child, talk to a specialized attorney who can look at what you’ve got, figure out if you have a case, and help you get maximum compensation for everything your child needs now and down the road!