Possible Damages & Compensation in Birth Injury Cases
Birth injury cases are complex due to the legal and medical technicalities involved. Furthermore, it is a stressful period emotionally that the family has to go through.
At Moraitakis & Kushel, our team has successfully concluded many birth injury claims. We have the knowledge and expertise to ensure that you receive the highest compensation possible to assist with rehabilitation, care, and therapy costs – which can be a financial burden for many families.
Types of Possible Damages in Birth Injury
Following a birth injury, there are many different damages available for a case. This could include losses suffered by the child, meaning the child would receive the payout. These losses could include:
- Punitive Damages: Punitive damages are awarded to punish the defendant. They are also a way of deterring others from acting in the same way. Punitive damages are difficult to recover in a birth injury case, however, they are possible. The injured party must show that the health care provided acted in a way that was malicious or intentional
- Economic Damages: These damages include costs associated with the injury now and in the future and future lost earnings. This could include special education needs, nursing assistance and rehabilitation.
- Non-Economic Damages: This would include damages for physical pain and suffering, mental and emotional suffering, and loss of enjoyment of life.
Possible Compensation for Birth Injury Cases
While some states impose limits on certain types of damages, Georgia does not.
In 2005, the Georgia Legislature passed the Georgia Tort Reform act, which placed a number of caps on noneconomic damages for medical malpractice claims. The caps were:
- $350,000 in actions against health care providers
- $350,00 in actions against a medical facility
- $700,000 in actions against multiple medical facilities
- $1,050,000 in actions against multiple health care providers and medical facilities
In 2010, these caps were challenged. The Georgia Supreme Court found that the damages cap was unconstitutional because it violated the constitutional right to trial by jury.
Pain and suffering is very difficult to award damages for. The experience of pain and suffering is so subjective, therefore there is no easy standard of measurement. Juries are often told to use their best judgment under these circumstances.
Since pain and suffering are so subjective, the amount awarded can vary widely and depend on factors such as the sympathy of the jury. The calculation of a birth injury lawsuit is dependent on so many different factors, therefore no attorney can give you a definitive value of your case. Having an experienced personal injury attorney is your best bet at getting the highest amount of compensation. At Moraitakis & Kushel, we will work hard to get you the full compensation deserved following a birth injury case.
Contact Moraitakis & Kushel, Atlanta’s Birth Injury Attorneys
Children injured after birth often have serious and debilitating injuries. Moraitakis & Kushel will help you get the compensation you need following the birth injury to assist with therapy, special education costs, and emotional stress.