Birth Injuries and its Recoverable Damages

Legal Adviser August 18, 2016
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Birth InjuriesIf your newborn child suffers from an injury after delivery, it is important to determine if your healthcare provider is to blame. If the physician or nurse who attended to you commits medical malpractice that resulted in complications, you can receive an award as compensation.

Cerebral palsy attorneys in GA and other states note that birth injuries are not only traumatic for the infant, but also for the parents. Both the mother and father can recover damages for emotional distress and special damages for healthcare and medical expenses, as well as loss of income.

Recovering Special Damages

Most jurisdictions allow parents to recover special damages, which cover loss of earnings and future and past medical expenses. These may also include non-medical expenses such as home care, therapy, counseling, and special equipment. These may run into millions, with some reaching more than $5 million over a lifetime of care and support for serious cases of injury or cerebral palsy.

Damages for Emotional Distress

You may receive compensation for emotional distress, as well. This is because it is common for parents to suffer distress as a result of seeing the infliction of pain or injury to their child. Some courts have established a limit for this damage, with most jurisdictions requiring actual observation to establish or prove emotional distress.

Proving a Birth Injury Claim

If you’re filing a claim for birth injury, you need to prove that a healthcare professional owed a duty of care to you and your baby. This is also means proving that the doctor breached the standard of care acting by negligently or incompetently. Establishing a claim involves that use of witnesses and other medical experts to figure out if the procedure performed by your doctor followed the standard of medical care.

It is important to know that when you bring a medical malpractice case, the doctor may claim that the injury or condition was pre-existing in the family. They may also argue that your actions while carrying the baby resulted in complications. This is why it is best to contact a birth injury lawyer, as they can help you gather the necessary evidences to prove fault and recover the damages you deserve.

Category: Move to Amend
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