Birth Injury Answers

Birth injury help in Delaware

Every item on this page links to the agency that publishes it, so you can check it yourself.

The short answer

This page collects what a family in Delaware needs. How to start early intervention. What financial help exists. What the filing deadline is. Where the birth and hospital data comes from.

Two things are worth doing today. Refer your child to early intervention, which is free and needs no diagnosis. Apply for your state's Medicaid waiver, because waiting lists are long. 1 2

The numbers, up front

Early intervention
Free evaluation for a child under 3, referred by you, with the evaluation and first plan meeting due within 45 days 1
Medicaid waivers
Many count only the child's own income, and many states operate waiting lists, so the date you apply matters 2
Filing deadline
Not verified against the state's published code during this build. Confirm with an attorney licensed in Delaware 3
Birth injury fund
No. Only Florida and Virginia have a no-fault birth injury compensation program 4
Birth data
Published by March of Dimes PeriStats and CDC WONDER, selectable by state 5
Hospital data
Published by Medicare Care Compare and by The Leapfrog Group, with gaps where hospitals do not report 6

How do I find early intervention in Delaware?

Every state runs an early intervention program for children under 3, set up under federal law. It is called Part C. 7

You can refer your own child. You do not need a doctor's referral and you do not need a diagnosis. The evaluation is at no cost to you. 1

After you refer, the evaluation and, if your child is eligible, the first plan meeting must happen within 45 days. 1

Find the contact for Delaware in the national list of Part C coordinators, which is kept up to date and lists a contact for every state. 8

For a child aged 3 or over, contact your school district instead and ask in writing for a special education evaluation. Section 619 coordinators for preschool special education are listed by state as well. 9 10

Read early intervention before you call, and use the early intervention finder.

What financial help is available in Delaware?

Programs differ by state, and most families end up using several together.

Medicaid waivers. Home and community based services waivers let a state cover care at home. Many count only the child's own income, not the family's, so children in higher income families can qualify. Waiting lists are long in many states, so apply now. 11 2

TEFRA or Katie Beckett. A state option that lets a child with significant needs get Medicaid at home without counting parent income. Not every state has it. 12

EPSDT. For children on Medicaid, the early and periodic screening, diagnostic and treatment benefit requires cover of medically necessary services, and it is broader than adult cover. It is worth naming in an appeal. 13

SSI. A monthly federal payment for children with a qualifying disability and limited household income. In most states it brings Medicaid with it. 14 15

ABLE accounts. A tax-free savings account whose balance does not count against most benefit limits. 16

Your state Title V program for children with special health care needs. Every state has one. 17

Use the financial help finder and read paying for care.

What is the filing deadline in Delaware?

We could not tie Delaware's medical malpractice filing deadline to the state's own published code during this build. Rather than print a number we could not verify, this page says so.

That is a real gap and it is listed in the sources policy.

What to do instead

  1. Ask an attorney licensed in Delaware. This is the only reliable answer, and consultations in this field are free. 3
  2. Ask them to confirm four things in writing: the limitations period, any statute of repose, the rule for children, and whether any facility involved was government-run, which often adds a short notice period.
  3. Read filing deadlines first, so you know what to ask.

Your state bar association can tell you who is licensed and in good standing. 3

Where do I find birth data for Delaware?

This site does not republish per-state birth statistics, because we could not verify all 51 states against a primary source during this build. Instead, here is where to get the current figures yourself, from the agencies that publish them.

Births, cesarean rate and preterm rate by state. March of Dimes PeriStats lets you select a state and see births, cesarean delivery, preterm birth and low birthweight, with the source and year shown. 5

The underlying national data. CDC WONDER natality files let you build your own query by state and year. 18 The National Vital Statistics System publishes the annual birth reports. 19

Cerebral palsy tracking. CDC publishes surveillance data on cerebral palsy prevalence. 20

Hospital stays for children. The Kids' Inpatient Database holds national data on children's hospital stays. 21

Where an agency has stopped publishing a measure, that is a fact, and this site states it rather than filling the gap.

How do I look up hospitals in Delaware?

Two national sources publish hospital-level information, and they cover different things.

Medicare Care Compare lets you search hospitals by location and shows the measures CMS publishes. Not every maternity measure is published for every hospital. 6 The underlying files are in the CMS Provider Data Catalog. 22

The Leapfrog Group publishes hospital ratings including maternity care measures, based on a voluntary survey. Hospitals that do not take part have no results, and an absence of results is not a rating. 23

Some states publish their own hospital report cards. Where Delaware does, your state health department will have it.

What to know about all of these. Maternity measures are not published for every hospital, and voluntary surveys mean the hospitals that report are not a random sample. Read a missing result as missing, not as bad.

Use the hospital lookup, which takes you to the right search for your state.

Who can help families in Delaware?

Parent Training and Information Center. Free help with special education rights, in every state. 24

Family-to-Family Health Information Center. Free help from families who have been through it, with insurance, Medicaid and navigating care. 25

The Arc. Local chapters provide advocacy and services. 26

Respite care. The national respite locator lists services by state. 27

State bar association. For finding attorneys who are licensed and in good standing. 3

National Maternal Mental Health Hotline. Free and open at all hours, on 1-833-TLC-MAMA. 28

What should you do this week?

  1. Refer your child to early intervention if they are under 3, or write to your school district if they are 3 or over. 1
  2. Apply for your state's Medicaid waiver, and ask to be added to any waiting list today. 2
  3. Apply for SSI, even if you expect to be turned down. 14
  4. Request the medical records, yours and your child's. 29
  5. Find out your filing deadline from an attorney licensed in Delaware. 3
  6. Contact your Family-to-Family Health Information Center. 25

The First 30 Days checklist prints with all of this.

Where these facts come from

  1. U.S. Government Publishing Office, Electronic Code of Federal Regulations. 34 CFR Part 303, Early Intervention Program for Infants and Toddlers with Disabilities. 2025. www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-30. Link checked September 3, 2026.
  2. Centers for Medicare and Medicaid Services, Medicaid.gov. Section 1915(c) Home and Community-Based Waivers. 2025. www.medicaid.gov/medicaid/home-community-based-services/auth. Link checked September 3, 2026.
  3. American Bar Association. State Bar Association Directory. 2025. www.americanbar.org/groups/bar_services/resources/state-loca. Link checked September 3, 2026.
  4. Florida Birth-Related Neurological Injury Compensation Association. NICA Program Overview. 2025. www.nica.com/. Link checked September 3, 2026.
  5. March of Dimes. PeriStats. 2025. www.marchofdimes.org/peristats. Link checked September 3, 2026.
  6. Centers for Medicare and Medicaid Services. Medicare Care Compare, Hospital. 2025. www.medicare.gov/care-compare/. Link checked September 3, 2026.
  7. U.S. Department of Education. IDEA Part C, Infants and Toddlers with Disabilities. 2025. sites.ed.gov/idea/statute-chapter-33/subchapter-iii. Link checked September 3, 2026.
  8. Early Childhood Technical Assistance Center. Part C Coordinators by State. 2025. ectacenter.org/contact/ptccoord.asp. Link checked September 3, 2026.
  9. Early Childhood Technical Assistance Center. Section 619 Coordinators by State. 2025. ectacenter.org/contact/619coord.asp. Link checked September 3, 2026.
  10. U.S. Department of Education. IDEA Part B, Assistance for Education of All Children with Disabilities. 2025. sites.ed.gov/idea/statute-chapter-33/subchapter-ii. Link checked September 3, 2026.
  11. Centers for Medicare and Medicaid Services, Medicaid.gov. Home and Community Based Services. 2025. www.medicaid.gov/medicaid/home-community-based-services/inde. Link checked September 3, 2026.
  12. Centers for Medicare and Medicaid Services, Medicaid.gov. Katie Beckett and TEFRA State Plan Option. 2025. www.medicaid.gov/medicaid/eligibility/index.html. Link checked September 3, 2026.
  13. Centers for Medicare and Medicaid Services, Medicaid.gov. Early and Periodic Screening, Diagnostic, and Treatment (EPSDT). 2025. www.medicaid.gov/medicaid/benefits/early-and-periodic-screen. Link checked September 3, 2026.
  14. Social Security Administration. Benefits for Children with Disabilities. 2025. www.ssa.gov/pubs/EN-05-10026.pdf. Link checked September 3, 2026.
  15. Social Security Administration. Supplemental Security Income (SSI). 2025. www.ssa.gov/ssi/. Link checked September 3, 2026.
  16. ABLE National Resource Center. What are ABLE Accounts. 2025. www.ablenrc.org/what-is-able/what-are-able-accounts/. Link checked September 3, 2026.
  17. Health Resources and Services Administration. Title V Maternal and Child Health Services Block Grant. 2025. mchb.hrsa.gov/programs-impact/title-v-maternal-child-health-. Link checked September 3, 2026.
  18. CDC WONDER. Natality public use files. 2025. wonder.cdc.gov/natality.html. Link checked September 3, 2026.
  19. National Center for Health Statistics, CDC. National Vital Statistics System, Birth Data. 2025. www.cdc.gov/nchs/nvss/births.htm. Link checked September 3, 2026.
  20. CDC. Data and Statistics for Cerebral Palsy. 2024. www.cdc.gov/cerebral-palsy/data-research/index.html. Link checked September 3, 2026.
  21. Agency for Healthcare Research and Quality. HCUP Kids Inpatient Database (KID). 2025. hcup-us.ahrq.gov/kidoverview.jsp. Link checked September 3, 2026.
  22. Centers for Medicare and Medicaid Services. Provider Data Catalog, Hospital. 2025. data.cms.gov/provider-data/topics/hospitals. Link checked September 3, 2026.
  23. The Leapfrog Group. Leapfrog Hospital Survey Results, Maternity Care. 2025. ratings.leapfroggroup.org/. Link checked September 3, 2026.
  24. Center for Parent Information and Resources. Find Your Parent Center. 2025. www.parentcenterhub.org/find-your-center/. Link checked September 3, 2026.
  25. Family Voices. Family-to-Family Health Information Centers. 2025. familyvoices.org/affiliate-organizations/. Link checked September 3, 2026.
  26. The Arc of the United States. Find a Local Chapter. 2025. thearc.org/find-a-chapter/. Link checked September 3, 2026.
  27. ARCH National Respite Network. National Respite Locator Service. 2025. archrespite.org/respitelocator/. Link checked September 3, 2026.
  28. Health Resources and Services Administration. National Maternal Mental Health Hotline. 2025. mchb.hrsa.gov/national-maternal-mental-health-hotline. Link checked September 3, 2026.
  29. U.S. Department of Health and Human Services, Office for Civil Rights. Individuals Right under HIPAA to Access their Health Information, 45 CFR 164.524. 2024. www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/. Link checked September 3, 2026.