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Catastrophic Injuries

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What factors could affect the compensation in birth injury cases?

On Behalf of | May 30, 2023 | Birth Injuries

Going into labor and delivering a child are complicated situations. Medical practitioners receive extensive training to manage these situations and make quick decisions that could impact the mother and child’s welfare. Despite all efforts, birth injuries could be inevitable.

Unforeseen incidents or elements could cause birth injuries, but patients could file medical malpractice claims for these injuries if negligence caused them. Doing so could help victims recover damages, including medication, therapy and other expensive surgeries based on the circumstances.

The following factors could also impact the compensation amount for birth injury claims:

  • Lost income caused by caretaking requirements
  • The child’s care-related expenses
  • Present and future medical treatments and procedures
  • The birth injury’s severity

Birth injuries could also be fatal, leading to wrongful death claims. Additionally, specific states have settlement caps on medical malpractice cases. They could apply to nondocumented damages, such as pain and suffering. (Washington has no such caps.)

What is the average compensation amount?

Birth injuries do not automatically result in high compensation amounts. The computation could vary from case to case. Receiving legal counsel could help determine valid damages and mistakes committed, including improper use of medical equipment, inadequate monitoring of the fetus and delaying urgent treatments.

The delivery room should have no space for medical errors

Giving birth could have unpredictable complications, requiring a strict standard of care. Parents could find difficulty dealing with these birth injuries when they were preventable. Filing a claim compensates victims and brings justice to medical practitioners who failed to fulfill their duties to their patients.