Recoverable Damages in Birth Injury Cases

Recoverable Damages in Birth Injury Cases

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Parents spend months planning and dreaming about the day their son or daughter will enter this world. Becoming a parent changes your life forever. Sadly, not all births are joyous occasions. For far too many parents, the birth of their child is accompanied by one of the most painful things a parent can endure — watching your child suffer from an injury or illness.

Unfortunately, some birth injuries are caused by medical malpractice.  Children and parents who suffer the tragic consequences of birth injuries deserve full and fair compensation for damages. Doctors and hospitals must be held accountable when mistakes or negligence causes a child and a family to suffer pain and mental anguish.

Call 410-661-9440 for a free consultation with a member of the Pinder Plotkin Legal Team to discuss your options for filing a birth injury medical malpractice claim in Maryland.

What Types of Recoverable Damages are Awarded in Birth Injury Cases?

Birth injury claims are a type of medical malpractice claim under Maryland injury laws. The types of damages a child and the family are entitled to receive in a birth injury case depend on several factors. However, in most cases, children and their families are entitled to receive reimbursement of all reasonable and necessary medical expenses related to the birth injury. Parents may also receive compensation for any out-of-pocket expenses related to the birth injury, such as special medical equipment and travel expenses to and from doctor’s visits. In addition, if the child is expected to require ongoing medical care and personal care, the family may be compensated for future expenses.

In addition to the cost of medical care for the child, the parents are entitled to be compensated for the loss of income they incurred as they cared for their child. Also, if the child’s medical condition is expected to result in a permanent disability that will impair the child’s ability to work and earn an income, the child may also be compensated for the future loss of earning capacity.

Financial losses are just some of the recoverable damages in a birth injury claim. The child and family are also entitled to non-economic or pain & suffering damages. The child is entitled to compensation for the physical pain, emotional suffering, and permanent impairments caused by the birth injury. Parents may also be entitled to compensation for the mental anguish and extreme emotional distress caused by their child’s suffering.

How are Damages Calculated in a Birth Injury Claim?

The amount of past medical expenses, lost income, and out-of-pocket costs can be established with receipts, bills, invoices, and statements. However, future financial damages are more difficult to calculate. To maximize the amount of money you can recover to provide your child with the care he or she needs as your child ages, the Pinder Plotkin Legal Team utilizes expert witnesses, partner firms and financial professionals to analyze and predict future losses. We want to obtain the highest amount for future losses so that you can provide for the medical care, personal care, and other needs of your child as he or she continues to grow and mature.

Pain & suffering damages or non-economic damages are much more difficult to calculate. It is impossible to place a monetary value on the loss and suffering your child and your family has endured because of the negligence of a doctor or hospital. Your child’s birth injury has caused enormous pain and suffering, and no amount of money can erase this pain. However, we must place a dollar figure on the pain & suffering to receive compensation.

There is not a standard formula for calculating pain & suffering damages. However, because of the experience of our firm and our partners, handling birth injury cases, the attorneys of Pinder Plotkin LLC understand how to use the facts in the case to argue for the maximum amount of compensation for your child and your family.

Explore Your Options for Seeking Justice After a Birth Injury

It is common for the medical provider to argue that the birth injury was an unavoidable tragedy that could not be foreseen. Do not accept what the doctor says simply because he has a medical degree. Follow your instincts! Get a second opinion from a medical specialist and consult an attorney who has experience handling birth injury malpractice claims.

The Parkville Pinder Plotkin Legal Team and its partners represent families throughout Maryland who have experienced the heartbreaking consequences of medical malpractice. Our birth injury lawyers provide compassionate support, guidance, and legal counsel as you seek justice for your child.

Contact Pinder Plotkin LLC by calling 410-661-9440 to learn more about the process to file a birth injury claim during a free consultation.

 

The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.

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