If your child has suffered a birth injury, it’s crucial to grasp the scope and potential impact of these injuries on both your child’s future and your family’s wellbeing. Birth injuries can vary greatly—from minor bruising or cuts to more severe cases like fractures, nerve damage, or brain injuries caused by lack of oxygen or blood flow during delivery.

Birth injuries may manifest immediately, or symptoms may appear over time. Long-term effects can include developmental delays, cognitive impairments, or physical limitations that might not be apparent until later in life.

Medical Malpractice

Determining if a birth injury was because of medical malpractice involves understanding what should have happened during the delivery process. Medical professionals are expected to follow certain standards of care. If these standards are not met, and the deviation leads to an injury, it might be a case of medical malpractice. Examples of these deviations include failing to detect or act on fetal distress, improper use of delivery tools like forceps or vacuums, or inadequate monitoring during labor and delivery.

Identifying potential malpractice requires a close review of medical records and often the opinion of medical experts who can testify whether the care provided fell below acceptable standards. This review can help clarify whether the injury was preventable and if negligence played a role in the harm caused to your child. D’Amore Personal Injury Law, LLC birth injury lawyers can offer you guidance on whether you might have a case and discuss what legal options could be available to address medical expenses, ongoing care costs, and other damages related to the injury.

Types of Compensable Damages

When pursuing compensation for a birth injury, you can claim damages that account for both immediate and long-term financial burdens as well as non-economic impacts. Initially, compensation covers all medical expenses directly tied to the birth injury. This includes emergency treatments immediately after birth, surgeries to correct or mitigate the damage, ongoing medication, and continuous physical therapy to improve motor functions or manage pain. It also encompasses specialized medical equipment your child may need, such as wheelchairs or orthotic devices, and modifications to your home to accommodate these needs.

Beyond the initial and ongoing medical costs, you can also seek compensation for future medical and care expenses, which consider the projected needs of your child over their lifetime if the injuries are severe. This might include advanced therapies like stem cell treatments, experimental surgeries, or innovative medical technology that could improve your child’s quality of life. These future costs are calculated based on current and anticipated advancements in medical care, and typically require the input of medical and economic experts to estimate accurately.

In addition to tangible costs, compensation for birth injuries also includes damages for pain and suffering endured by your child and the emotional distress experienced by your family. This can cover psychological counseling for family members and any psychiatric care needed because of the trauma of dealing with a severe birth injury. These non-economic damages involve the psychological and emotional toll on the child and the family.

Calculating Your Claim

Calculating potential compensation in a birth injury case involves several factors. The severity of the injury plays a critical role, as it directly influences the required medical treatments and the level of ongoing care needed. Economic experts often collaborate in these cases to project the lifetime costs associated with the injury, including ongoing medical care, personal care assistance, and other health-related necessities.

The calculation also takes into account potential life-long disabilities and how they might affect the child’s ability to learn, work, and live independently. For example, if a child suffers from cerebral palsy because of medical negligence during birth, the compensation claim may include the cost of lifelong medical care, adapted living accommodations to ensure accessibility, specialized schooling to accommodate learning difficulties, and therapies that enhance life skills and mobility.

Also, the child’s ability to work and earn an income in the future is compromised, the claim may seek to cover loss of future earning potential. Calculating this loss involves assessing the difference between the child’s likely earnings without the disability and the reduced earning capacity resulting from the disability. This could address the child’s diminished quality of life and opportunities.

Damages are supported by documentation and expert testimony. The medical malpractice lawyers at D’Amore Personal Injury Law can compile the necessary evidence and present a strong case for compensation that addresses both economic and non-economic damages.

In Maryland, there are limits on compensation that victims can receive in malpractice cases. For cases that arise in 2024, for example, noneconomic damages are capped at $935,000.00. There is no current limit on economic damages. Nationwide, the average birth injury lawsuit settles for approximately $1,000,000.00. Actual results largely depend on the nature of the medical negligence and the severity of the damages.

Legal Process and Timelines

You must file a lawsuit within specific time limits, generally three years from when the injury was discovered. Missing these deadlines can result in losing the right to claim compensation altogether. The legal process begins with gathering all relevant medical records, documenting the injuries, and showing evidence of malpractice through expert testimony. This evidence forms the foundation of your claim, supporting your case through negotiations or a trial.

Baltimore Maryland Birth Injury Lawyer

Handling the aftermath of a birth injury is challenging, but you don’t have to do it alone. If you suspect your child’s injury is because of medical malpractice, it’s important to seek legal help promptly. Contact D’Amore Personal Injury Law, LLC by calling (410) 324-2000 or contacting us online for a consultation. Our birth injury lawyers can clarify your legal options and work towards securing the compensation necessary for your child’s needs and your family’s security.