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Birth Injury Lawsuit Settlements

What to Expect From Your Birth Injury Lawsuit Settlement

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Birth Injury Lawsuit Settlements

The birth of a child represents a new beginning, full of hope and possibility. But when a child is injured at birth, it casts a dark shadow over their future. A birth injury can require physical therapy, special schooling, home modifications, and other types of care. And if that injury was preventable, it also raises legal questions.

Morgan & Morgan has seen firsthand how birth injuries not only have physical and emotional impacts but also put financial pressure on the family. Because the consequences of a birth injury can last a lifetime, birth injury lawsuits should result in substantial recoveries. These cases, however, are difficult and expensive to bring. They require a law firm with the strength and resources to effectively advocate for the family’s best long-term interests. 

Morgan & Morgan is that firm—with over 800 attorneys and 3,000 team members, we have the power to fight for you. If your child suffered a birth injury, find out how we can help by completing a free case review.

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  • How Birth Injury Damages Are Calculated

    Birth injury lawsuits are a type of medical malpractice claim. Birth injury and medical malpractice cases settle out of court more than 95 percent of the time. According to recent data from the U.S. Department of Health and Human Services, medical malpractice lawsuits have some of the highest payments, averaging around $350,000. Obstetrics-related claims (i.e., claims related to childbirth) account for about 10 percent of all malpractice payouts. Permanent injuries requiring lifelong care, especially injuries to the brain, are associated with higher payouts.

    While data on average settlements is useful in general, it doesn’t say much about any particular case—that’s why you need a Morgan & Morgan attorney by your side. The biggest factors affecting a birth injury lawsuit settlement are:

    • The extent of care—including medical, nursing, therapeutic care, and attendant care—that the child will require over the course of their lifetime
    • The injured child’s life expectancy

    The types of damages that may be available in a birth injury case include:

    • Current and future medical expenses
    • Additional healthcare costs, such as occupational therapy, in-home care, and home modifications
    • Lost wages
    • Pain and suffering
    • Loss of enjoyment of life

    Find out if you are eligible for a birth injury lawsuit: Take our FREE QUIZ

  • Proving Your Birth Injury Case

    Birth injury lawsuits revolve around highly-technical medical issues. To win a birth injury case, the family of the injured child must prove that healthcare professionals deviated from accepted medical standards and that this substandard care caused the child’s birth injury. Errors can occur at different stages—both pre and post-birth—as well as during delivery. Common errors that can lead to birth injuries include:

    • Failure to properly manage a baby in the breech position
    • Failure to perform proper screening of the mother and/or child
    • Not performing a timely Caesarean section
    • Improper use of vacuum extractor or forceps
    • Failure to properly resuscitate a newborn in the delivery room
    • Failure to monitor a newborn’s vital signs

    Due to the technical medical arguments and evidence that must be presented in a birth injury lawsuit, lawyers typically call upon experts. In addition, a Morgan & Morgan attorney can present a variety of evidence to prove medical negligence in a birth injury case. Types of birth injury evidence can include:

    • Non-expert testimony from family members and non-family members such as teachers and therapists
    • Medical records (for mother and child)
    • Hospital policies and procedures for labor and delivery
    • A life care plan for the injured child
    • Photographs and video footage
  • Morgan & Morgan Is Here For You

    A small error or lapse in attention is all it takes to cause an injury that forever changes a child’s life. 

    While medical professionals are held to very high standards, proving that they made a mistake can be challenging. Don’t trust your case to just any firm. Trust Morgan & Morgan, the country’s largest injury law firm, which has already recovered more than $13 billion for clients just like you. It costs nothing upfront to hire us, and we only get paid if we achieve a verdict or settlement in your case.

    Learn how our birth injury attorneys may be able to help you and your family by completing a free case review.

Hear From Our Clients

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Marlon B.
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Unbelievably organized, responsive and probably the most effective process-oriented group of people I've ever seen. Their preparation for mediation and trial is beyond comprehensive. Across two cases and 3 years, not once did anything fall between the cracks. Everyone I came into contact with exemplifies professionalism; they quickly resolved insurance issues and spent time educating me about everything affecting my cases.
Georgia J.
General Injury
It has been an amazing experience with your law firm. I will be happy to refer any of my family and friends to your law firm. I am very thankful to Sabrina Thornburg and Andrew Felix for everything that they have done on my case. Sabrina kept in touch with me to let me know how everything was going and I am very happy with the service that she and Andrew provided. Your slogan really is true, you are for the people. Thank you.
Antonia C.
Slip and Fall
I was very happy with the communication between the legal counsel and myself. If I had any questions I could leave it if not directly and I would have an answer within 24 hours by either email or a courtesy phone call. Also, the quick resolution of the matter was something I appreciate very much. Needless to say the result was more than expected.
Todd E.
Homeowners Insurance
I originally hired a different law firm after being involved in a multi-car accident on the interstate, but after a few conversations, arguments, and showing me other cases were more important than mine, I called and hired Morgan & Morgan! That was one of the best decisions I've made as an adult! Not only have they been in contact with me, but they listened and found mistakes in the crash report that the officer didn't want to admit to! I'm beyond thankful!
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