Ask a Birth Injury Lawyer: What Are the Odds of Getting a Settlement?

Birth injuries can have long-lasting impacts on the health of a child and the overall well-being of a family. If your child was injured during childbirth because of a medical professional’s error or bad judgment, you have the right to pursue fair compensation.

A birth injury lawyer in Baltimore can evaluate your case, identify all the liable parties, and negotiate for a settlement that compensates for all the injuries and damages your child has suffered.

Ask a Birth Injury Lawyer in Baltimore: What Are the Odds of Getting a Settlement?

Unlike other medical malpractice lawsuits, it may be easier to receive a settlement from a birth injury lawsuit. Much of the time, your lawsuit against the liable medical professional will be settled outside of court. However, for a positive case outcome, you will need to hire a birth injury lawyer. Click here to learn how a lawyer will help you gather evidence that supports your case.

How Long Do You Have to File a Lawsuit?

In Maryland, you will have three years from the date the injury was discovered or five years after the date of the injury to file a lawsuit, depending on the specifics of your case. It’s imperative to contact a lawyer as soon as you notice a birth injury, so you can start working on your case immediately.

What Type of Compensation Is Awarded In a Birth Injury Case?

The compensation awarded for a birth injury settlement will usually factor in both the economic and non-economic damages associated with the injury. Not only will your settlement cover the cost of your child’s initial medical treatments, but it should also cover future medical costs, as well. Some of these medical costs can include mobility aids, medications, surgery, physical therapy, speech therapy, special education, and mobility transportation. Sometimes, the settlement amount will also compensate parents who have to care for a child full-time because of the child’s injury. If a parent can no longer work a full-time job, if the family transportation or home has to be modified, or if the family has other costs related to caring for a special needs child, all of this should be part of the settlement calculation. Additionally, the compensation should also cover damages such as:

  • Child’s physical pain
  • Child’s mental anguish and suffering
  • Child’s reduced quality of life
  • Parent’s distress and emotional suffering

How Is Compensation Calculated?

Compensation for birth injury lawsuits is generally calculated by examining the total cost of the child’s lifetime medical care, the family’s income loss due to taking care of the child, and the severity of the birth injury. A judge or jury will pay particular importance to how much the child’s injury has affected or will affect the child’s quality of life, ability to earn an income, and other factors.

What Are Common Birth Injuries?

There are several injuries that can be inflicted on infants during childbirth. Sometimes, these injuries are the result of assisted delivery, and other times, these injuries are caused by nurses who care for the child after the birth while the mother and child are being cared for at the hospital. The most common birth injuries include:

Cerebral Palsy

Cerebral palsy is a disorder that primarily affects a child’s motor function and can result in a life-long disability. Many children with cerebral palsy will have to use mobility aids and may need special education. This injury is typically caused by carelessness with the umbilical cord during childbirth.

Erb’s Palsy

Erb’s palsy is a type of nerve damage that affects the arm and hand of one or both sides of the body. Usually, Erb’s palsy is caused by improper delivery assistance while the medical professional pulls on the child’s shoulder or neck, which then injures the nerve in that area.

Infant Brain Injury

Infant brain injury is typically caused by oxygen or blood deprivation to the brain during childbirth. Sometimes, brain injuries can be the result of trauma to the infant’s head from forceps or other delivery tools. Infant brain injuries can cause significant developmental delays, cognitive impairment, and even epilepsy.

Other Complications

There are many other injuries that can occur during childbirth, such as bone fractures and spinal cord injuries. Delivery complications can include harm to the mother, as well. Injuries the child sustains at the hospital, such as burns or bruises, may also qualify as birth injuries.

Can You Sue for Wrongful Death?

If your child dies as a result of a birth injury, you should be eligible to file a wrongful death lawsuit. An infant who suffers a birth injury can die several days after the injury while the infant is still being monitored in the hospital. Birth injuries can be devastating for families. Not only do these injuries impact the quality of the child’s life, but the parents may also experience financial hardship to take care of the child. A lawyer will fight for the best interest of your family so you can receive a settlement for all of your damages.


Wellness and Fitness

TDPel Media

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