A birth injury is a physical harm or trauma that happens during labor and delivery. Birth injuries typically happen because of medical negligence. Treating a child living with birth injuries varies depending on the severity of the injuries. More severe injuries can require physical therapy, surgery, or lifelong care to treat. These treatments can be very expensive.
Birth injury lawsuits are important for parents because a lawsuit can get parents the remedy that they need to care for their child. This article explores how parents can recover compensation for the treatments that their children need. We will discuss understanding birth injury lawsuits, the damages you can recover by filing a birth injury lawsuit, and the factors that impact the amount of compensation available.
If your family has been affected by a birth injury, contact an experienced Baltimore birth injury attorney to learn more about how to protect your legal rights.
Understanding Birth Injury Lawsuits
A birth injury is a harm sustained by a newborn during labor and delivery that can result from complications during childbirth, lack of medical intervention, or excessive pressure on the baby during delivery. Birth injuries can range from minor and temporary to severe and long-term.
A birth injury lawsuit is a legal remedy for families. Birth injuries matter to families because they provide a means to seek justice, accountability, and financial compensation for medical mistakes that caused harm to their children.
Here are some things that families can get out of birth injury lawsuits:
Justice For the Child
Birth injury lawsuits are about justice for the child. A birth injury can impact the quality of the child’s life and affect their development. Winning a birth injury lawsuit can help ensure that the child has the best possible resources, therapies, and opportunities.
Compensation for Emotional and Financial Loss
There is both a financial cost and an emotional burden after experiencing a birth injury. Your child and your family deserve compensation for the totality of your loss. A birth injury lawsuit will help accomplish this goal.
Securing Future Care and Support
If someone's negligence requires your child to need ongoing care, filing a lawsuit can help ensure your family receives the necessary support. A birth injury attorney can help file the lawsuit and get your family the care it deserves.
Covering Medical Expenses
Families need monetary support to properly care for their children. There are immediate expenses, like hospital stays and surgeries in severe cases, that health insurance might not cover. Filing a lawsuit, at least in part, is about getting the money that you need to take care of immediate medical expenses.
Encouraging Medical Safety and Policy Changes
Holding the system accountable via a personal injury lawsuit can help society at large. If the healthcare system knows that it will face legal consequences, it means providers are more likely to implement better protocols and training to prevent birth injuries in the future.
Holding Medical Providers Accountable
If a birth injury was caused by medical malpractice, a lawsuit holds doctors, nurses, or hospitals accountable for their actions. This encourages better medical practices and helps prevent similar mistakes from happening to other families.
Who Can Be Held Liable for a Birth Injury?
Identifying responsible parties after a birth injury is necessary but challenging. A birth injury attorney can help hold them accountable. Possible liable parties include:
- Healthcare corporations
- Hospitals and birth centers
- Obstetricians and gynecologists
- Nurses and midwives
- Pharmaceutical companies
- Medical device manufacturers
Compensation Available After a Birth Injury
The families of birth injury victims may be eligible to recover compensation for the damages they suffered after a birth injury. Typically, these damages or losses fall into one of three general categories- economic, non-economic, and punitive damages. A birth injury lawyer can help you discover the extent of your losses and get the compensation that you deserve.
Economic Losses
Economic damages include the tangible losses related to recovering from the injury. Birth injuries can be expensive to treat, especially for injuries that require long-term care. An attorney can help get you the full and fair compensation that you might be entitled to after an accident. Examples of compensable economic losses after a birth injury include:
- Emergency care and hospitalization after birth
- Surgeries and medical procedures
- Medical equipment
- Medications and pain management services
- Rehabilitation and therapy costs
- Future medical expenses
- Lost income and opportunities
- Special education programs, tutors, and other educational costs
Non-Economic Losses
Non-economic damages are intangible and refer to the emotional loss suffered after an accident. These types of losses are compensable but can be hard to identify. An attorney can help you identify each of these losses and get the recovery that you deserve. Examples of non-economic damages after a birth injury can include:
- Pain and suffering for the child and family
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Loss of companionship and parental bonding
- Disability and disfigurement
- Loss and future opportunity
- Mental anguish for parents
Punitive Damages
Punitive damages are available in rare cases. Courts award plaintiffs punitive damages to punish the defendant for outrageous behavior that caused the child’s injury in hopes of deterring the behavior in the future. Some states offer punitive damage awards, while others do not. Consult with an attorney to learn more about the availability of punitive damages in your case.
Factors That Impact Compensation
The amount of compensation available depends on the circumstances of the injury. Each case is unique, but here are some general factors that affect the value of your claim:
- The strength of the evidence
- The severity of the injuries
- Whether the injuries are temporary or permanent
- The loss of future education, occupational, and other opportunities for the child
- Compensation available under state law via caps on damages
Birth injury attorney will help you by carefully reviewing the facts of your case to give you an estimate of the value of your claim.
Contact a Birth Injury Lawyer Today!
Support is essential after a birth injury caused by negligence. Pursuing compensation can significantly impact your child's future. Don't let negligent healthcare providers go unchecked. Contact an experienced Baltimore personal injury lawyer today to protect your child's future.