Birth injuries are a tragedy for newborns and their loved ones. Our law firm represents numerous clients who have suffered severe birth injuries due the medical negligence of practicing physicians, nurses and hospitals.
One of the most common questions asked by parents of children who have suffered a birth injury to our attorneys during their legal consultations is, “what is the value of my child’s case,
” or “How much is a birth injury case worth
Every case is unique with individualized factors effecting and altering the estimated value of each case. It is difficult to gauge the estimate value of a case without a thorough legal consultation with a qualified and experienced medical malpractice birth trauma attorney.
Some of the Most important factors attorneys evaluate when calculating the estimated value of a case are presented below.
If you have any further questions after reading feel free to contact our law firm to speak with one our birth trauma attorneys. All legal consultations are completely confidential and free of charge.
Significant Factors Attorney Evaluate to Determine the Estimated Value of a Birth Injury Case
1. The Type and Severity of the Injury Suffered
: The severity of a birth injury is the most significant factor in determining the value of a medical malpractice case. Case value based on the severity if a child birth injury requires an evaluation of the severity and type of injury performed by a qualified medical expert.
Assessment of the Initial medical costs associated with treatment of the newborns birth injuries
Diagnosis of the type of birth injury sustained: Common birth injuries include, Cerebral Palsy
, Erb’s Palsy brain damage, brachial plexus injuries, and shoulder dystocia.
2. Need for Future Medical Care – and Rehabilitation Care
: Sadly in many instances victims of birth injury will suffer life ling physical and or mental health consequences. The life cost of home care, nursing care, rehabilitation and medical care can run into the tens of millions of dollars. Under medical malpractice laws victim of birth injuries are entitled to full compensation for all future medical and life time care expenses from all at fault parties.
3. Pain and Suffering Including Emotional Trauma
: Pain and suffering, otherwise referred to as non economic damages can be difficult for a jury to assess. Many jurisdictions utilizes a per diem system in calculating non economic damages including emotional trauma. Under a per diem system the jury places a daily value on a person hardship resulting form the injury and then multiplies that number by number of days the victim is expected to suffer.
4. Presence of a Cap on Non Economic Damages
: Many state including California have placed a cap on the amount of non economic damages a victim of medical negligence include delivery errors can receive. In California the cap on non economic damages including emotional trauma is places at $250,000.
5. Attorney that will be a Advocate and Fight for the Rights of the Injured
: The attorney you decide to represent you in the court of law is a significant factor in determining the outcome of your case.
Birth Injury Lawsuit Information
Statute of Limitations for Filing a Birth Injury Lawsuit