Damages In A Birth Injury Case
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What Damages Can Parents Typically Recover In Birth Injury Cases?
Damages that may be available in birth injury cases include:
- Funeral expenses: Only available if the child or the mother dies during childbirth
- Medical expenses: These will vary depending on the extent of the child's injury and time spent in the hospital
- Non-economic damages: Many states also allow parents to recover for non-economic damages, such as pain and suffering or loss of consortium. In the case that parents sue for loss of consortium, the damages are based on an estimate of the money value of a child's love and companionship
How Does The Death Of A Child Affect The Damages In A Birth Injury Case?
In most cases where a child dies from a birth injury, damage awards decrease significantly. When a child dies the lawsuit goes from being a medical malpractice case to a wrongful death case. Such lawsuits are usually filed by the parents for their own benefit. In a wrongful death action, there are generally no damages awarded to the child, with the possible exception of damages that may have arisen when the child was alive (as for example, pain and suffering).
Are There Limitations On How The Money May Be Spent?
In general, limitations are not placed on how parents can spend the damages they receive in a wrongful death case unless agreed to by the parties.
Do I Need A Lawyer For Assistance In A Birth Injury Case?
If you believe that your child was injured during birth, then you should contact a medical malpractice attorney as soon as possible. An attorney will assist you in filing your claim and will make sure that you recover the proper amount of damages for any losses that you suffered from injuries caused to your child during birth. Even if your child dies during birth and your chance of recovering damages decreases, retaining an attorney is your best option for recovery.
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Last Modified: 08-24-2011 12:11 PM PDT
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