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How Are Birth Injury Claims Calculated - morgan and morgan
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Birth Injury Claims

How Are Birth Injury Claims Calculated?

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Birth Injury Claims

If you are a recent parent, you know how alarming it can be if your newborn becomes unexpectedly sick. It’s even more upsetting if your baby’s illness won’t go away—and if you experienced a difficult childbirth, you may suspect that a birth injury is to blame.

The idea that your child was injured at birth is painful enough; even worse is the suspicion that your newborn’s injuries could be the result of a doctor’s negligence. If medical malpractice is involved, it can leave you traumatized, feeling betrayed, and burdened with staggering medical debt.

If you believe your baby was injured at birth due to neglect, you don’t have to go it alone. The attorneys at Morgan & Morgan can help. Our nationwide team of 800 lawyers includes many birth injury experts who can uncover medical negligence and build your best case for full and fair compensation.

Those considering a birth injury lawsuit may wonder how settlements and awards are calculated. The first step is to prove that medical negligence caused the injury or illness. After negligence is established, the court will determine an award by totaling all the current and future damages caused by the birth injury.

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  • How Do I Prove Negligence?

    To establish that a birth injury occurred as the result of negligence, the plaintiff must meet the burden of proof. Your lawyer will play a crucial role in this, gathering necessary evidence and expert witness testimony so that your case meets the following requirements:

    • There was a doctor/patient relationship: Most health care professionals directly involved in the birth would automatically qualify as part of the medical team. If other doctors, nurses, or medical consultants are also included in the lawsuit, the plaintiff must establish that the doctor/patient relationship existed with them too.
    • The attending physician or other medical personnel were negligent: The plaintiff’s legal team must prove that the attending healthcare professionals were negligent in their duties—for example, improperly using forceps or vacuums during the birthing process, or delaying a necessary Cesarean section delivery.
    • This negligence caused the birth injury: Many defendants in birth injury cases will argue that pre-existing conditions caused the injury and that they are not to blame. The plaintiff will often need to enlist expert witnesses to convince the court that the doctor’s negligence was the ultimate cause of the birth injury.
    • The injury resulted in damages: Birth injuries can cause debilitating conditions for both mother and child. The plaintiff’s legal team must demonstrate that damages occurred, as well as their economic and emotional consequences.
  • How Is Birth Injury Compensation Calculated?

    Birth injuries can afflict victims with lifelong health and financial struggles. If the plaintiffs prove that negligence played a role, the court will assign dollar amounts for economic, emotional, and punitive damages that could include the following:

    • Hospital bills
    • Long term care
    • Physical and occupational therapy
    • Lost wages
    • Lost earning capacity
    • Pain and suffering
    • Mental anguish
    • Punitive damages
    • Wrongful death
  • Can I Afford an Attorney?

    If your infant was injured at birth, you may already be preoccupied with pain, grief, and ever-increasing medical debt. With all these concerns, you may wonder if you can afford to hire an attorney.

    If you choose Morgan & Morgan, the answer is yes. That’s because we work on a contingency basis, meaning that you never pay a cent out-of-pocket. Your initial consultation is always free, and you don’t have to pay a fee at all unless we win your case.

  • Contact Morgan & Morgan

    If you believe your infant was injured at birth, leave the fighting to us so you can focus on caring for your child. We will do everything in our power to hold negligent parties accountable for their actions and secure the compensation you deserve.

    We have been fighting for the People since our inception in 1988 and have recovered, so far, $13 billion across all areas for our clients. 

    Let us put our experience, expertise, and resources to work for you, too.

    Find out for yourself why there’s only one Morgan & Morgan. Complete our free, no-obligation case evaluation form and a lawyer will be in touch.

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Last updated on May 11, 2023

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