Expecting a child should be an exciting time, not a time to worry about unsafe medical care. During pregnancy and delivery, doctors and hospitals must follow safety rules to protect mothers and babies. When medical staff use dirty equipment, harmful germs can spread and cause infections. In some cases, these infections may lead to serious health problems for a newborn. But can Delaware parents sue if unsafe medical care harms their child?
The answer depends on what happened, how the child was harmed and what the evidence shows. Dirty equipment alone does not prove medical negligence. However, failing to follow safety rules may provide grounds for a legal claim.
When can dirty medical equipment lead to a claim?
Birth defects are health conditions that develop before birth. They may result from genetic factors or other causes. They are different from infections a baby gets during pregnancy, labor, delivery or newborn care.
A baby may also suffer an injury because of an infection or another medical mistake. For example, dirty equipment may expose a mother or baby to harmful germs. Depending on the infection, the baby may develop a serious illness or injury. Possible situations include:
- Unsterilized surgical tools: Contaminated instruments may expose a mother or baby to harmful germs during a procedure.
- Contaminated medical devices: Poor cleaning practices may allow infections to spread during prenatal care or delivery.
- Unsafe hospital practices: Staff may fail to follow infection-control rules, increasing the risk of infection.
These situations may point to possible negligence. However, medical evidence must help show whether the unsafe practices caused the child’s condition.
What must Delaware parents prove?
Parents generally must show that a healthcare provider failed to provide proper care and that this failure caused their child harm. These cases usually require a qualified medical expert to review the evidence.
Delaware law also generally requires an affidavit of merit with the complaint. This document confirms that a qualified medical expert has reviewed the case and found a reasonable basis for the claim.
Medical records, test results and expert opinions may help connect unsafe equipment to an infection or injury. Legal assistance can help families review these records, assess possible negligence and determine whether the evidence supports a claim.
Delaware generally gives families two years to file a medical negligence lawsuit, starting from the injury. An exception may apply if the injury could not reasonably have been discovered within that time. Special deadline rules also apply to children under age six. Because these rules depend on the facts of each case, getting legal advice promptly may help families protect their rights.
Protecting your child’s future
A birth defect, infection or birth injury does not automatically mean a hospital made a mistake. However, evidence of contaminated equipment or poor sterilization practices may justify a closer review of the care your family received. Establishing what caused the harm can help determine whether your family has grounds for a legal claim.