The birth of a child is a joyful experience for parents, but in some cases, it can be marred by physical harm to the child and long-term complications.
If the healthcare team’s negligence caused the injury, parents can file a lawsuit to receive compensation for their child’s suffering and losses. Learn more about birth injuries and the process of seeking compensation.
Birth Injuries Explained
As stated, a birth injury is a physical harm done to a baby during childbirth-related processes. This means that injuries occurring during pregnancy, labor, or delivery are considered birth injuries.
Birth injuries could result in hematomas, fractures of the clavicle and skull, periventricular leukomalacia, cerebral palsy, and brachial plexus.
Birth Injury Losses
If a baby is injured during birth, the consequences could be severe and permanent. For example, a child may suffer physical disfigurement and neurological issues.
Such a child may be entirely dependent on the family to look after them, and this could create more stress for the family members When this happens, the parent might need the following services:
- Pain medication
- Physical therapy
- Speech therapy
- Behavioral therapy
- Surgeries
- Hospital stays
- Testing and lab tests
- X-ray and imaging fees
- Medical equipment
- In-home caregivers
Compensation for Birth Injury
Compensation for birth injuries helps the victims manage financial, physical, and emotional losses. If the injuries were intentional, the court might also order punitive damages. The victim is compensated in the following ways:
Economic Losses
These are economic losses from the past, present, and future. Financial losses include hospital bills, prescriptions, lost income and benefits, and home or vehicle modifications. You may be asked to prove past economic losses through payslips, receipts, and other documents. Ensure you keep proof of financial transactions safe.
However, future economic damages are more challenging to quantify. There are many factors to consider to ensure you receive the proper compensation amount. For example, you must prove a child’s life expectancy and the cost of care in future values.
Calculating future losses requires expertise; thus, finding a qualified medical malpractice attorney experienced in birth injuries is advisable to help you calculate these losses. Without a lawyer, you might accept low settlement offers.
Non-economic Damages
Here, the parent is compensated for pain and suffering caused by a birth injury. Such losses are difficult to quantify as no physical proof, such as receipts, supports a plaintiff’s claims. Non-economic damages include physical pain and suffering and mental distress.
“The settlement for pain and suffering varies depending on the extremity of a child’s injuries,” says personal injury attorney Thomas Eiler of Price Benowitz Accident Injury Lawyers, LLP. “A qualified attorney will approximate the right amount that suffices your damages, protecting you from under-compensation.”
Final Word
Birth injuries, especially if severe, cause a lot of economic and non-economic challenges to the family. Remember, you can sue for medical malpractice during birth.
Speak to a birth injury attorney who will help you file the lawsuit and handle settlement negotiations. Since your lawyer is qualified in such cases, they will advocate for your rights and protect you from under-compensation.
