Birth injuries affect 7 of every 1,000 children born in the United States, according to the Centers for Disease Control and Prevention (CDC). And for family members, to see their child’s health in peril can have an emotional toll.
Birth injuries can also have lasting physical and financial concerns for the family. And for such misfortune, these conditions caused by medical negligence can be pursued legally to seek compensation.
These claims can address not only the immediate medical costs but also long-term care, therapy, and other expenses that may arise from the injury. What you need is a birth injury lawyer who can help you make sense of your legal options, says birth Injury lawyer Daniel M. Waide.
Let’s look at the types of damages covered in birth injury lawsuits and how to seek justice for your child.
Types of Compensation in Birth Injury Cases
When birth injuries take place, understanding the types of compensation available can be rather useful for the families affected. You might be eligible for different kinds of compensatory damages.
Under pediatric medical malpractice law, families can pursue claims when medical professionals fail to meet the standard of care required for their charge. It includes pregnancy and delivery of the child.
This law holds healthcare providers accountable if they commit mistakes that cause harm to the child. Affected families can receive the compensation they need to cover immediate and long-term needs.
The term “economic damages” covers a variety of issues. This includes loss of wages, future earning capacity reduction, and modifications of the residence for the injured party’s help. Non-economic damages consist of damages for emotional distress and impairment of your family life occasioned by the injury.
Another consideration is whether you have lost the companionship of a child. In some instances, punitive damages can be awarded to serve as a punishment to negligent parties and as a deterrent to such future acts.
If you know you have these options, your family may be able to cope and get the help you need.
Medical Expenses and Rehabilitation Costs
The family of any affected child finds himself being encumbered with a substantial financial hurdle, particularly from inception, what with expenses on medicine and getting the child rehabilitated. You might be facing hospital bills for medication and therapy sessions that simply seem too much.
The financial burdens imposed by these bills do not only come up as additional stress but also as a big obstacle to the focus on what really matters for your child—the time for them to heal and the assurance that their needs are taken care of.
Compensation-making could be the way to reimburse for medical and rehabilitation expenses. This can allay the strain on your finances and provide an opportunity to focus more on family needs rather than on covering medical bills.
Following this road means not only the search for justice in the birth injury case, but at the same time, it guarantees that care is met.
Long-Term Care and Support Needs
Immediate care for injuries just after birth is important; indeed, it is also of very high importance to consider the long-term care and support that the child will require. In helping an obviously injured child, ongoing therapy could be needed, especially the education!
In some cases, a bit of assistance with some basic creation might be necessary. These massive mortgages of help have a big impact on consumption by the family: emotionally and financially. This may also affect your child’s quality of life and the dynamics of your family.
Long-term care compensation is an option that can help lighten your load a bit. It is always better if your child’s needs are quickly attended to. This can help you get back to your normal routines and have a memory to cherish.
Lost Wages and Economic Impact
The long-term care and support that your kid might require after a birth injury can be a source of big economic stress for your family. Lost salaries are a factor, for example, if you are taking time off work for doctor appointments or treatments or to take care of your kid.
These losses go further than simple individual income; it is about the financial viability of the household. The process of faithfully adhering to one’s professional duties and at the same time meeting the needs of a child can soon turn into a troubling issue that leads to the family suffering a cash flow problem for several years.
These impact changes might cover doing a part-time job or even switching to a different profession. Basically, these losses should be understood, as they might indirectly affect the choices made and the support systems provided to the child.
Seeking justice can be a good way to get rid of some luggage, you know.
Factors Influencing Compensation Amounts
The compensation injury of any birth lawsuit is influenced by various factors that will definitely play a key role in your case. The severity of the injury comes first; tougher injuries will typically command bigger damages.
Medical expenses—present and future—are taken into account, as they directly impact your financial state. The age of the child at the time of injury can also be significant, as younger children may require care for their entire lives.
Additional evidence of negligence can be particularly helpful to your case in increasing damages awarded. Courts will take into account mental anguish and loss of enjoyment of life, as these represent the values of the adverse effect that the injury has had on your family’s daily existence.
Being aware of these things will definitely help you get through your situation.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.