Seeing your child battling health issues because of medical negligence can be devastating. Birth injuries can cause severe physical and emotional distress to a newborn and can place significant strain on your finances because of the amount of medical care your loved one might need.
If the birth injury your child suffered was the result of medical malpractice, one of the options you have is to file a personal injury claim. With an attorney by your side, you can negotiate with insurance companies for fair birth injury settlements, but what factors impact the amount you can receive?
Severity and Type of Injury
Perhaps the factor that most influences birth injury settlements is the kind of injury your child suffered and how severe it is. Injuries that will heal in a few days will typically get lower settlements than those that can leave a child struggling with permanent health issues.
Some of the most serious types of injuries are those that result from oxygen deprivation, such as cerebral palsy and hypoxic-ischemic encephalopathy. These injuries require significant medical care and ongoing support, and they’re permanent injuries. All of these factors increase the settlement amount you can receive.
Medical Expenses
The type of medical care that your child will need, as well as whether they will need it for a long time, are vital factors. The settlement should cover all medication costs, rehabilitation expenses, potential future surgeries, and therapies for as long as your child will need them.
With a birth injury lawyer helping you, it’s easier to come up with a number that will address all of these needs.
Pain and Suffering
Birth injuries can cause distress, both physically and emotionally. Your child can experience pain because of these injuries from the moment they are born, which deserves compensation. They might not be able to live their lives as other children and could face disabilities that lower their overall quality of life.
Evidence of Medical Negligence
Another factor that impacts birth injury settlements is the quality of the evidence that proves medical negligence occurred. If the evidence is clear and points to a liable party, then insurance companies are much more likely to want to settle quickly and fairly. If the evidence is less robust, they might try to minimize the claim.
Parental Loss of Income and Other Financial Aspects
A child who suffers a birth injury will require even more attention, and often, this means that one parent has to leave their job and stay home. That results in a loss of income that can have serious repercussions on the family’s finances. Whether these lost wages will be permanent or temporary will impact the settlement amount, too.
In some instances, it may be necessary to hire special tutors or nurses for the child. These other expenses also need to be considered when deciding on the settlement amount.
Lawyer’s Experience and Negotiation Skills
An experienced birth injury attorney will be more likely to achieve a higher settlement. They will have the necessary negotiation skills to aggressively work with insurance companies to get you the best possible outcome.
One of the options lawyers have is to take the case to court, which most insurers want to avoid. The mere threat of filing a lawsuit can help the negotiation process.
FAQ
What Damages Can I Claim for My Child After a Birth Injury?
You can claim medical expenses of all types, including hospital stays, medications, and therapy sessions. If you need to make adjustments to your home or vehicle to accommodate your child’s disability, this can also be covered as part of medical expenses.
The most serious injuries can mean that your child will need ongoing medical care. You can get financial assistance for these future medical needs.
If you need to stay home to take care of your child, you’ll be missing out on income. You can claim lost wages, including future ones that you may not be able to receive if you have to leave your career indefinitely.
Your child is likely experiencing distress. Pain and suffering damages can offer compensation so that your family can find ways of improving your loved one’s quality of life.
What Are the Most Common Causes of Birth Injuries?
Birth injuries occur for many reasons, and not all of them are medical negligence. However, if a doctor fails to monitor a baby’s vital signs during gestation or labor, they might not notice a drop in oxygen levels or other similar issues and could be negligent.
Prolonged labor is also a concern. It puts a lot of stress on the baby and could even result in umbilical cord issues.
Another cause of birth injuries is the use of devices like forceps or vacuum extractors. If a medical professional isn’t experienced enough, they can cause serious injuries to the baby’s head and shoulders. Maternal infections can lead to birth injuries, too. Doctors have to spot these early and start immediate treatment. If they don’t, they could be negligent.
Why Is Hiring a Birth Injury Lawyer Vital?
Proving that medical malpractice occurred isn’t easy. You will need to demonstrate that the medical provider did not act with the care that another professional with the same training and experience would have shown. That requires medical testimonies, which your lawyer can get.
Additionally, your attorney will know how to negotiate with insurance companies more effectively than you could do on your own.
Contact Experienced Medical Malpractice Lawyers
If your child suffered a birth injury because of medical negligence, the team at Ratzan Weissman & Boldt can help you fight for compensation. Our Miami lawyers have decades of experience and the compassionate dedication you need as you go through this difficult moment. Contact our team to schedule a free consultation.