• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Cerebral Palsy Guidance

Answers and Assistance

877-862-8594phone iconCall
  • Cerebral Palsy
    • Types
    • Symptoms
    • Diagnosis
    • Prognosis
    • Causes
    • Associated Disorders
    • Gross Motor Classification System
    • Treatment
    • Life Expectancy
    • Myths
    • Risk Factors
    • Support Groups
    • Research
    • United Cerebral Palsy Association
    • Birth Injury Overview
  • Living With Cerebral Palsy
    • Daily Communication
    • Physical Fitness
    • Toilet Training Tips
    • Eating and Feeding Tips
    • Wheelchairs and Scooters
    • Walkers, Canes, and Standers
    • Falling Issues
    • Augmentative and Alternative Communication (AAC)
    • Conductive Education
    • Tips For Better Sleeping
    • Traveling Tips
    • Sports
    • Bullying
    • Inclusive Playgrounds
    • Respite Care
    • Transitioning to Adulthood
    • Vocational Counseling
    • College Guide
    • Finding a Job
    • Having Children
    • Costs
  • Financial Assistance
    • Government Assistance
    • Special Education Assistance
    • Cerebral Palsy Lawyer
    • Cerebral Palsy Lawsuit
  • Our Blog
  • About Us
  • Contact Us
law books and gavel
Home > Cerebral Palsy Lawyer > Cerebral Palsy Lawsuit > Delaware Cerebral Palsy Lawsuit Filing Process
Last Updated: May 09, 2022

Delaware Cerebral Palsy Lawsuit Filing Process

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

The Delaware cerebral palsy lawsuit filing process follows steps dictated by state and federal law. For instance, each state has laws that govern medical malpractice lawsuits, while suits over discrimination or disability rights violations follow state or federal laws, depending on the situation. A Delaware cerebral palsy lawyer is your best ally in starting, following through with, and completing the legal process.

What Kind of Lawsuits Can I File for My Child in Delaware?

In any state, including Delaware, there are two main types of cases you might consider with a child that has cerebral palsy:

  • Medical malpractice. A malpractice case is filed against one or more parties, alleging that they failed to provide an adequate standard of medical care, which resulted in harm.
  • Discrimination and disability rights. For discrimination or rights violations, consider filing a complaint or a lawsuit. A complaint filed with the state or federal agency is usually the first step. You may follow up with a lawsuit if the state law allows it and if you aren’t happy with the outcome of the complaint.

How Do I Find the Right Lawyer for the Cerebral Palsy Lawsuit Process?

It’s crucial that you have the right lawyer by your side when beginning filing a cerebral palsy lawsuit. The process requires an expert, not just in law but in the specific laws that govern these cases.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

Don’t settle for a general lawyer. You need someone who has gone through this process for other disabled clients and children.

Choose a lawyer or law firm specializing in medical malpractice, disabilities and birth injuries, or disability rights.

Make sure the lawyer you hire has specific, relevant experience and proven wins for similar clients. With this lawyer guiding you, filing a lawsuit becomes more transparent and accessible and is more likely to result in a good outcome for your child.

The Process for Filing a Medical Malpractice Lawsuit over Cerebral Palsy in Delaware

Delaware sets its specific laws to govern medical malpractice lawsuits and how they proceed. You need to have a basic understanding of this process, even with a great lawyer guiding you, so that you can make the best choices.

Understanding the Statute of Limitations

Before taking any other steps, make sure you are still within the statute of limitations and that your time hasn’t run out. Delaware requires that you file a malpractice suit within two years of discovering that negligence occurred, as long as it is not over three years after the actual negligence.[1]

Delaware law allows you to stop the clock on the statute if you file what is known as a “notice of intent to investigate.” This goes to each defendant.

Finding Qualified Medical Experts

To make your case and even file the lawsuit, you need a qualified medical expert.

Delaware law requires that the expert meet specific qualifications. They must be experts in the same area of medicine as the defendants and know what the appropriate standard of care is in the applicable situation.

Filing the Lawsuit with Affidavit of Merit

When it’s time to file the lawsuit, your lawyer will need to include an affidavit of merit. This document signed by a qualified medical expert states your case has value, and the evidence shows that negligence likely happened.[2]

With the affidavit of merit hand, your lawyer can file the complaint against the defendants, to which they must respond to continue the process.

Discussing Damages

You’ll also need to discuss damages with your lawyer at this point. Delaware law does not cap damages, so you can seek any amount of economic or non-economic damages from the defendants.

Provide your lawyer with records of medical expenses and other costs associated with your child’s condition.

Negotiating a Settlement

If possible, your lawyer will avoid a trial by negotiating a settlement. Both sides will come together during this part of the process to negotiate. Many defendants will settle at this stage because it costs less money in the long run.

Going to Trial

If negotiations fail, your lawyer will take your case to trial. This means presenting evidence and relying on expert testimony to prove your case to a jury.

The jury decides if malpractice occurred and how much you are owed in damages. If the decision is unfavorable, either side may appeal and restart the process.

The Process for Filing Discrimination Complaints in Delaware

Delaware discrimination laws focus mainly on housing, employment, and public accommodations.[3]

If your family experiences discrimination in housing because of your child’s needs or if your child is denied access to public spaces, you can file a complaint with the state’s Office of Civil Rights and Public Trust.

Once the complaint is submitted, the Office will review it to determine if the state Attorney General wants to take legal action.

If you have an issue with education or services provided by the local schools, you will more likely be addressing your complaint to the federal government. If either instance does not get resolved to your satisfaction, you may file a lawsuit, although Delaware does not allow civil suits over public accommodations.

The Delaware cerebral palsy lawsuit filing process can be confusing and intimidating. But if you understand the process and stages better, you can feel more confident seeking justice for your child, especially with the right lawyer to guide you.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
  2. Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
  3. TITLE 6 - Chapter 45. Equal accommodations. (n.d.). State of Delaware - Delaware Code Online.
    Retrieved from: https://delcode.delaware.gov/title6/c045/
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

See Full Bio

Primary Sidebar

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
Cerebral Palsy
Cerebral Palsy in Newborns
Cerebral Palsy in Toddlers
Severe Cerebral Palsy
Types of Cerebral Palsy
Ataxic
Atonic (Hypotonic)
Dyskinetic Athetoid
Dystonic
Hypertonic
Mixed
Non-Spastic
Spastic
Spastic Diplegia
Spastic Hemiplegia
Spastic Quadriplegia
Cerebral Palsy Symptoms
How Cerebral Palsy Affects the Brain and Body Parts
Cerebral Palsy Causes
Birth Asphyxia
Prolonged Labor
Delayed C-Section
Forceps Delivery Injuries
Vacuum Extractor Injuries
Nuchal Cord Birth Injuries
Uterine Rupture and Birth Injury
Hypoxic Ischemic Encephalopathy (HIE)
Intraventricular Hemorrhage (IVH)
Failure to Diagnose
Chorioamnionitis
Improper NICU Care
Traumatic Brain Injury
Meconium Aspiration Syndrome
Hydrocephalus
Pitocin Errors
Anesthesia Errors
Infertility Drugs
Cerebral Dysgenesis and Cerebral Palsy
Jaundice
Periventricular Leukomalacia (PVL)
Placental Problems
Epidural Hematoma
Perinatal Stroke
Acquired Brain Injuries and Cerebral Palsy
Cerebral Palsy Associated Disorders
Mobility Issues
Pain
Cognitive Issues
Developmental Delays
Cerebral Palsy and Post-Impairment Syndrome
Seizures
Epilepsy
Malnutrition
Respiratory Health
Hearing Problems
Vision Impairment
Arthritis
Depression
Sleep Issues
Dysphagia
Oral Health Issues
Skin Conditions
Digestive Issues and Health
Emotional Issues
Behavioral Disorders
Autism
Down Syndrome
ADHD
Diabetes
Cerebral Palsy Diagnosis
Imaging Tests
Cerebral Palsy Prognosis
Cerebral Palsy Gross Motor Classification System
Cerebral Palsy Treatment
Cerebral Palsy Specialists
Nutrition Therapy
Chiropractic Care
Hyperbaric Oxygen Therapy
Medications
Seizure Medications
Anticonvulsants
Muscle Relaxants
Stem Cell Therapy
Surgery
Aquatic Therapy
Acupuncture Therapy
Botox Treatment
Hippotherapy
Occupational Therapy
Speech Therapy
Massage Therapy
Physical Therapy
Homeopathy
Yoga
Pilates
Intensive Suit Therapy
Medical Marijuana
Functional Electrical Stimulation
Osteopathic Manipulation
Anat Baniel Method and NeuroMovement
Pet Therapy
Cerebral Palsy Cure
Cerebral Palsy Life Expectancy
Cerebral Palsy Risk Factors
High-Risk Pregnancy
Risk Factor Causal Pathways
Premature Birth
Birth Complications
Post-term Pregnancy
Intrauterine Growth Restriction
Maternal and Fetal Infections
Blood Type Incompatibility
Multiple Births
Parental Habits and Health
Cerebral Palsy Support Groups and Organizations
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
Cerebral Palsy Misdiagnosis
United Cerebral Palsy Association
Living With Cerebral Palsy
Costs
Orthopedic Health
Neurological Health
Daily Communication
Physical Fitness
Abuse
Toilet Training Tips
Eating and Feeding Tips
Wheelchairs and Scooters
Wheelchair-accessible Vans
Walkers, Canes, and Standers
Adaptive Bikes
Affordable Transportation
Assistive Technology
Falling Issues
Home Modifications
Augmentative and Alternative Communication (AAC)
Conductive Education
Tips For Better Sleeping
Traveling Tips
Sports
Bullying
Inclusive Playgrounds
Respite Care
Faith
Engaging in the Arts
Transitioning to Adulthood
LGBT
Vocational Counseling
College Guide
Teacher Tips for Inclusive Classrooms
Finding a Job
Having Children
Veterans
Fostering or Adopting a Child with CP
Enjoying the Great Outdoors
Emergency Preparedness
Financial Assistance
Government Assistance
Title V MCH Benefits
Special Education Assistance
Cerebral Palsy Lawyer
Alabama
Huntsville
Alaska
Anchorage
Arizona
Phoenix
Arkansas
Little Rock
California
Los Angeles
Colorado
Denver
Connecticut
Bridgeport
Delaware
Wilmington
Florida
Jacksonville
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Indiana
Indianapolis
Iowa
Des Moines
Kansas
Wichita
Kentucky
Louisville
Louisiana
New Orleans
Maine
Portland, Maine
Maryland
Baltimore
Massachusetts
Boston
Michigan
Detroit
Minnesota
Minneapolis
Mississippi
Jackson
Missouri
Kansas City
Montana
Billings
Nebraska
Omaha
Nevada
Las Vegas
New Hampshire
Manchester
New Jersey
Newark
New Mexico
Albuquerque
New York
New York City
North Carolina
Charlotte
North Dakota
Fargo
Ohio
Columbus
Oklahoma
Oklahoma City
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Columbia
South Dakota
Sioux Falls
Tennessee
Nashville
Texas
Houston
Utah
Salt Lake City
Vermont
Burlington
Virginia
Virginia Beach
Washington
Seattle
West Virginia
Charleston
Wisconsin
Milwaukee
Wyoming
Cheyenne
Medical Malpractice
Claim for Compensation
Lawsuit
Settlement
Statute of Limitations
Life Care Plan
Goals
Evaluation
Diagnosis
Care Team
Record Keeping and Documents
Birth Injury
Treatment
Causes
Failure to Monitor
Symptoms
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Skull Fracture
Treatment
Symptoms
Causes
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Brain Damage
Prognosis
Symptoms
Causes
Treatment
Lawyer
Lawsuit
Claim for Compensation
Settlement
Infant Wrongful Death
Causes
Intrauterine Fetal Demise (Stillbirth)
Claim for Compensation
Lawyer
Settlement
Lawsuit
Grieving the Loss of a Baby
Erb’s Palsy
Symptoms
Prognosis
Treatment
Causes
Lawyer
Settlement
Lawsuit
Claim for Compensation
Brachial Plexus Injury
Causes
Prognosis
Symptoms
Treatment
Lawyer
Lawsuit
Settlement
Claim for Compensation
Klumpke’s Palsy
Lawyer
Lawsuit

© 2023 CerebralPalsyGuidance.com · Privacy Policy · Disclaimer

The information provided by CerebralPalsyGuidance.com is not a substitute for professional medical advice, diagnosis, or treatment.

  • Cerebral Palsy
  • Living With Cerebral Palsy
  • Financial Assistance
  • Our Blog
  • About Us
  • Contact Us
210 W. Division St. Syracuse, NY 13204

We provide nationwide assistance

Facebook Twitter
Learn About Our Editorial Guidelines