The frequent question families ask in this area of law is, “What compensation can families recover in a birth injury case?” The answer to this question changes depending on the severity of the harm caused during the medical treatment and the circumstances involved with the medical negligence.
When a birth injury claim succeeds, families can be awarded funds for medical costs, the child’s ongoing and future needs, and any other losses that arose from substandard medical care.
Types of Compensation Available in Birth Injury Cases
The damages a family can recover in a birth injury case depend on the diagnosis, future needs of the child, and the impact of the injury on the family. Damages may include:
- Medical expenses. A family may be able to recover the costs of emergency treatment, surgeries, hospitalization, rehabilitation, medications, and special medical equipment.
- Future care expenses. A severe birth injury may result in a lifetime of needs that include therapy and treatment, assistive devices, home modifications, and medical support.
- Loss of earning potential. Some injuries may impact a child’s ability to work when they become an adult. Damages in these cases may account for reduced earning capacity during the person’s life.
- Pain and suffering. A child may be able to recover compensation for the physical and emotional impact of the injury.
Estimating the costs for permanent birth injuries that affect a child’s quality of life usually requires input from medical professionals and financial advisors. One of the most common birth injuries is cerebral palsy. As reported by the Centers for Disease Control and Prevention, about 2.4 per 1,000 children aged 8 years old in the United States have cerebral palsy.
Birth Injury Laws
In Florida, birth injury cases are typically subject to the requirements of Chapter 766 of the Florida Statutes. This law provides for pre-suit investigation requirements of medical malpractice claims as well as other provisions related to medical malpractice.
Florida Statutes § 95.11 contains the statutes of limitations and statutes of repose that apply to medical malpractice actions. Because a birth injury claim can involve potentially significant long-term damages, it is important for families to have their case reviewed in a timely manner to protect their rights.
Hire a Birth Injury Lawyer Today
Families may wonder if they should hire a birth injury lawyer. Birth injury cases are challenging because they involve complex medical and legal questions. A birth injury attorney can review the medical records related to the birth and advocate for your rights.
Spangenberg Shibley & Liber medical malpractice attorneys handle cases that involve serious and life-altering injuries caused by medical negligence. Since 1946, the firm has recovered over $1 billion in verdicts and settlements for clients, including many medical malpractice cases. However, past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.
We can help you in your case. Contact us right away for assistance in your birth injury case.
