How Much Compensation Can You Claim In A Birth Injury Lawsuit?

stethoscope on stomachAt least 28,000 babies are born with a birth injury every year, the majority of which are easily preventable with adequate and proper medical care. You might be devastated and overwhelmed by the mounting medical bills associated with treating and caring for this unforeseen injury, but this should not be your burden to bear. When birth injuries occur, parents have a right to hold the at-fault parties responsible and seek compensation that will help them care for their child in the aftermath of this terrible event.

What is a Compensation Claim for a Birth Injury?

Birth injury lawsuits are filed against the healthcare providers or hospital that acted negligently, or did not uphold the standard of care, resulting in the child’s birth injuries. Compensation for such cases is usually divided into two categories: economic and non-economic damages. Non-economic damages usually consist of compensation for pain and suffering, mental anguish, and other non-quantifiable damages that are generally not considered economic. Economic damages refer to medical costs, physical and occupational therapy costs, lost wages, and any other economic costs or losses related to the baby’s birth injuries.

Prior to filing a claim, be sure you have a valid case. Here are some important factors that should apply to your case:

  • A doctor-patient relationship must be established. This is generally easy to prove. If a physician delivered your baby, that establishes the doctor-patient relationship. If you were given advice by a physician who has never seen or treated you before while you were in the waiting room, and you were given the wrong advice, you might not have a case due to the lack of an established relationship.
  • While treating you, the doctor must have been medically negligent.
  • Your doctor’s negligence must have resulted in the birth injuries your baby sustained.

Did My Healthcare Provider Cause My Child’s Birth Injuries?

If you are not sure if your healthcare provider caused your child’s birth injuries, review these common types of negligence to see if any of them might apply to you:

  • Did your physician or other medical staff neglect to monitor fetal or maternal distress?
  • Did your physician or other medical staff diagnose any medical issues and were those diagnoses correct?
  • Did your physician or other medical staff correctly use birth assistance tools?
  • Did your physician or other medical staff schedule and carry out an emergency C-section?
  • Did your physician or other medical staff treat maternal infections or other medical issues such as gestational diabetes?

What Can I Expect to Receive From a Birth Injury Compensation Claim?

Given the differences that exist from case to case, there is no set amount for how much compensation loved ones can expect to receive in birth injury cases. In general, you might be able to expect compensation, if applicable, for:

  • Medications, doctor and hospital visits, and any other treatments associated with your child’s injury
  • Home accommodations
  • Counseling and special education costs
  • Pain and suffering

It is also important to note that some states have caps on non-economic damages, which could impact the amount of compensation you receive.

Birth Injury Attorneys in Southfield

Birth injuries are often preventable, caused by the negligent care of medical professionals, leading to permanent disabilities that many families cannot afford. Their mistakes are not something you should have to pay for. The skilled and experienced Michigan-based team of medical malpractice attorneys at Fieger Law will investigate every aspect of your case and serve as your fierce legal advocate. Award-winning attorney Geoffrey Fieger has won multimillion-dollar birth injury verdicts throughout the country and will do the same for you.

Call us today at (800) 294-6637 for a free consultation.


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      By submitting this form to Fieger, Fieger, Kenney & Harrington, P.C., I acknowledge and consent that this legal inquiry may be referred to a separate law firm on my behalf or by the authority of the injured party.

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