When a birth injury occurs due to the negligence of medical professionals, the impact can be devastating. Birth injuries can affect the child’s future quality of life, as well as impose significant emotional, physical, and financial burdens on the family. If your child has suffered a birth injury in Pennsylvania, you may be entitled to compensation through a lawsuit. Understanding the types of damages that can be recovered in such a case is essential for families looking to secure justice and the financial support they need.

In this blog post, we will break down the various types of compensation you may be able to recover in a birth injury lawsuit. We will also explain the role of evidence, the claims process, and how working with an experienced attorney can help maximize your potential recovery.

Types of Damages in a Birth Injury Lawsuit

There are two primary categories of damages that are typically available in a birth injury lawsuit: economic damages and non-economic damages. In certain circumstances, punitive damages may also be awarded.

Economic Damages

Economic damages are intended to compensate the family for the financial losses caused by the birth injury. These damages cover actual, measurable expenses and are essential in helping families manage the costs associated with the injury. Some of the most common types of economic damages in a birth injury lawsuit include:

1. Medical Expenses
   Birth injuries often require extensive medical treatment, which can include surgeries, physical therapy, and long-term care. These medical expenses can quickly add up, and it is essential to ensure that all current and future medical costs related to the injury are covered. Economic damages may include:
   • Hospital bills
   • Doctor visits and consultations
   • Surgeries and treatments
   • Rehabilitation or physical therapy
   • Specialized equipment or devices (e.g., wheelchairs, hearing aids)
   • Home healthcare services

These medical expenses can extend far beyond the child’s childhood, especially if the injury results in a permanent disability. Compensation for future medical costs can be included in the lawsuit.

1. Lost Wages
   If the injury leads to a caregiver needing to leave work or reduce their working hours to provide care for the child, they may be entitled to compensation for lost wages. In some cases, parents may have to stop working entirely or hire additional help to manage the child’s care. These lost wages are considered part of the economic damages.
2. Other Financial Losses
   Families may incur other financial losses as a result of the birth injury, such as the need to modify their home to accommodate the child’s medical needs. These types of costs are also factored into economic damages and should be included in the claim.

Non-Economic Damages

Non-economic damages are more subjective and are intended to compensate the family for the pain, suffering, and emotional distress caused by the birth injury. These damages can be more difficult to quantify, but they are just as important in helping the family cope with the long-term effects of the injury. Some of the common non-economic damages that may be recovered include:

1. Pain and Suffering
   Pain and suffering damages are meant to compensate the child and family for the physical pain and emotional distress caused by the birth injury. If the child experiences chronic pain, mental health issues, or a decreased quality of life due to the injury, these effects are considered when calculating pain and suffering damages.
2. Emotional Distress
   The trauma experienced by the parents, caregivers, and family members can be significant. Watching a child suffer or seeing their quality of life reduced due to a preventable injury can lead to emotional distress. Compensation may be awarded to the family members for their emotional pain and suffering as a result of the birth injury.
3. Loss of Consortium
   In some cases, the parents of the injured child may be entitled to damages for the loss of companionship, affection, or intimacy. This is referred to as loss of consortium, and it applies to the impact the birth injury has had on the family dynamic and relationships.

Punitive Damages

Punitive damages are less frequently awarded than economic and non-economic damages and are typically reserved for situations where the defendant’s actions were especially reckless or malicious. In Pennsylvania, these damages are granted only in cases involving severe negligence or deliberate harm. For example, if a healthcare provider intentionally caused harm or acted with complete indifference to the child’s health, punitive damages could be considered. The purpose of these damages is to penalize the wrongdoer and discourage others from engaging in similar conduct.

Factors That Affect the Value of a Birth Injury Claim

Several factors can affect the value of a birth injury lawsuit. While every case is unique, the following elements are commonly taken into account when calculating the amount of compensation:

1. Severity of the Injury
   The more severe the birth injury, the higher the potential value of the claim. Permanent disabilities that require lifelong medical care, such as cerebral palsy or brain damage, can significantly increase the amount of damages sought.
2. Future Medical Needs
   Birth injuries that lead to long-term or lifelong medical needs will result in higher compensation to cover future medical expenses, including therapy, surgeries, and adaptive equipment. Projections for these future expenses will play a key role in determining the value of your claim.
3. Evidence of Negligence
   The strength of the evidence in your case is crucial. If you can prove that the healthcare provider’s negligence caused or contributed to the injury, you are more likely to recover higher damages. Medical records, expert witness testimony, and documentation of the injuries will be essential in building a strong case.
4. Impact on the Child’s Life
   The long-term effects of the injury on the child’s quality of life are also taken into consideration. This includes the impact on the child’s education, social life, and emotional well-being.

How an Attorney Can Help with Your Birth Injury Lawsuit

Navigating the complexities of a birth injury lawsuit can be challenging. An experienced personal injury attorney can help you:

• Gather medical records and expert testimony to support your claim.
• Calculate the full extent of your current and future medical costs.
• Negotiate with insurance companies to ensure fair compensation.
• Provide guidance on the legal process and timelines.

Working with an attorney will give you the best chance of securing the compensation your family deserves.

Conclusion

If your child has suffered a birth injury due to medical negligence, you may be entitled to compensation for the physical, emotional, and financial hardships you’ve endured. Understanding the types of damages available and how they are calculated is a vital step in pursuing a birth injury lawsuit in Pennsylvania.

At Kingbird Legal, we understand the challenges you are facing and are committed to helping families affected by birth injuries secure the justice they deserve. If you are considering a birth injury lawsuit, contact our experienced attorneys today for a free consultation. Let us guide you through this difficult time and help you achieve the best possible outcome for your family.