Posted August 10, 2016 | Birth Injury
If your baby was injured by an act of medical malpractice, your family may be entitled to compensation. While no amount of money can ever make up for your child’s pain and impairment, compensation can help to alleviate the financial strain from medical bills and healthcare expenses, ensuring your son or daughter receives high-quality treatment for as long as it’s needed. But how is the worth of a birth injury claim or lawsuit calculated?
Even with modern medicine, childbirth can be a dangerous process. However, OB-GYNs and other doctors have a duty to take precautions to minimize the risk of patient injury or wrongful death. A surgeon, nurse, OB-GYN, midwife, or other healthcare worker’s failure to take necessary precautions may constitute malpractice if patient harm results.
Compensation is available for victims of medical malpractice in Pennsylvania and New Jersey, including the victims of birth injuries. Some common examples of birth injuries caused by malpractice are shoulder dystocia, which can occur if a doctor pulls too hard on an infant’s arms or upper body during delivery, and infant cerebral palsy, which is caused by oxygen deprivation. The mother can also suffer serious injuries during or after childbirth, such as hemorrhaging, eclampsia (seizures), or C-section infections from poor post-operative care.
When a mother and/or baby are injured at any stage of a pregnancy, cesarean delivery, or vaginal delivery, the death or injury should be investigated to determine whether medical malpractice occurred. If you suspect that your doctor made a mistake or acted negligently, you should speak to an experienced Philadelphia medical malpractice lawyer immediately. Your family may have a right to get compensated for the losses, expenses, and suffering caused by the injury.
Families sometimes hesitate to seek compensation after a birth injury because they do not want to go through a trial. While trials sometimes become necessary, many malpractice claims, like other personal injury claims, are actually resolved without going to court. Through tough and persistent negotiation, it may be possible to come to a settlement agreement. But how much birth injury compensation can a successful claimant or plaintiff expect?
It is difficult to answer that question without knowing the details of your family’s case, because the circumstances surrounding a personal injury — which can be very different from one case to the next — play a significant role in determining the ultimate worth of a claim. Some examples of factors that impact the outcome of a birth injury settlement include:
In addition, some states have laws limiting the amount of compensation a personal injury plaintiff can recover. You can read more about this in our article on injury compensation limits in Pennsylvania. Fortunately for medical malpractice victims, Pennsylvania currently does not have damages caps limiting a plaintiff’s recovery.
If you, your wife, or your baby was severely injured during the course of pregnancy or childbirth, you should speak to an experienced Pennsylvania birth injury lawyer as soon as possible. If you or your child was the victim of OB-GYN malpractice, such as a delayed C-section, diagnostic error, or inappropriate use of forceps, you may be able to get compensated.
Your family deserves justice. An aggressive personal injury lawyer can help hold the negligent doctor accountable, while fighting for the maximum compensation on your behalf. To discuss your New Jersey or Pennsylvania malpractice claim in a free legal consultation, call the Wieand Law Firm, LLC at (877) 654-3887.
*Disclaimer: This article is for informational purposes and is not legal advice. The Wieand Law Firm, LLC is based in Philadelphia, PA, and proud to serve clients throughout Pennsylvania and New Jersey.*