What Damages Can Parents Recover for a Birth Injury?

Every parent looks forward to the day they finally get to meet their baby. Unfortunately, medical malpractice can radically alter the outcome of this much-anticipated event and lead to a lifetime of expenses and hardships. Parents may be entitled to substantial birth injury damages if their child is harmed due to medical negligence.

No amount of compensation can truly make up for the damage done to your child and the challenges you and your family are facing. At Burg Simpson, our Phoenix birth injury lawyers are committed to pursuing maximum financial relief. We diligently collect evidence and enlist reputable experts to help us calculate the totality of your losses.

A FREE and confidential case evaluation is your opportunity to discuss your case and find out what birth injury damages you may be due. Call Burg Simpson at 602-777-7000 today. Our birth injury attorneys serve clients in Phoenix and throughout Arizona.

What Are Birth Injuries?

Birth injury or birth trauma is any type of harm suffered by a baby during labor or delivery, or shortly thereafter. On average, two out of every 1,000 children born in the United States suffer a birth injury. Every year, thousands of families are left grappling with the aftermath of serious birth-related trauma.

Scalp injuries account for approximately 80% of birth injury incidents. The remaining 20% can range from moderate to severe, with birth injured children potentially requiring lifelong care.

Birth Injuries That Can Lead to Long-Term Damages

A baby may be able to make a full recovery from minor birth injuries, such as bruising or swelling of the scalp. Unfortunately, there are many other birth injuries that can lead to long-term or even permanent disability. These include:

• Hypoxic-ischemic encephalopathy (HIE): This is a type of brain damage that occurs when a baby is deprived of oxygen due to prolonged labor and other factors. HIE is one of the leading causes of cerebral palsy, a potentially debilitating neurological condition.
• Brachial plexus injury: Nerves in the brachial plexus control and provide sensation to the shoulder, arm, and hand. Errors during delivery, including negligent use of forceps or vacuum extraction, can cause permanent damage to the brachial plexus, potentially resulting in conditions like Erb’s palsy.
• Spinal cord injuries: A spinal cord injury may result in total or partial paralysis. Birth-related injury to the spinal cord may be caused by excess force or incorrect maneuvers during delivery.
• Bleeding in the brain: Skull fractures and other trauma to the head may result in bleeding in the brain, also known as an intracranial hemorrhage. Bleeding from a serious brain injury can lead to neurological deficits, seizures, and other complications.
• Facial nerve injury: Severe damage to the facial nerves may be permanent, potentially limiting your child’s ability to speak and feed and altering their appearance.

Doctors, nurses, and other medical staff have a professional responsibility to uphold the standard of care when delivering babies. Errors on their part (such as misuse of instruments, failure to monitor mother and baby, etc.) can have devastating consequences and lead to substantial birth injury damages.

Burg Simpson can help you hold negligent medical professionals accountable. Contact us for FREE today if you believe your innocent baby was injured due to errors in the delivery room.

What Economic Damages Can Parents Recover for a Birth Injury?

Economic damages are the quantifiable financial losses associated with a birth injury. They include both the costs you have incurred to date, as well as damages you are expected to face in the future.

Medical expenses make up a significant portion of the compensation sought in a birth injury lawsuit. The medical intervention needed for birth injuries can be costly, with hospital stays (including time in the NICU) possibly lasting days, weeks, or even longer. Multiple follow-up appointments may be required as the symptoms of a birth injury become apparent.

If your child has been diagnosed with a birth injury, you may be entitled to compensation for hospital fees, medical appointment bills, diagnostic costs (imaging, lab tests, etc.), and more. Additional birth injury damages may be available for:

• The lifetime cost of medical care for your child; in severe cases, this may include full-time in-home health care
• Physical therapy to aid in mobility and fine motor function
• Occupational therapy to help your child perform everyday tasks independently, such as grooming and feeding themselves, tending to personal hygiene, etc.
• Special education, if your child has a learning disability
• Mobility devices, such as wheelchairs, crutches, walkers, etc.
• Home and vehicle modifications to accommodate your child’s special needs

Sometimes the child’s medical needs are so extensive that a parent or parents are unable to work the way they once did. Your birth injury claim should also include any lost wages and loss of earning capacity.

What Non-Economic Damages Can Parents Recover for a Birth Injury?

Non-economic damages compensate the victims of birth injuries (both the child and their parents) for the adverse effects of the injury on their lives. They are inherently more difficult to calculate, being non-financial by nature, but they are essential for securing justice for you, your child, and your family as a whole.

Monetary compensation may be available for the following non-economic damages in your birth injury case:

• Emotional anguish; as a parent, it is devastating to see a child have to struggle with a preventable birth injury
• Your child’s pain and suffering
• Loss of enjoyment of life, if members of the family are no longer able to engage in previously enjoyed activities
• The loss of society and companionship, if the birth injury prevents you from having a normal parent-child relationship and/or the relationship with your spouse is impacted
• The child’s diminished life expectancy; conditions such as cerebral palsy may lead to a shortened lifespan

Permanent disability can have a wide range of effects on your child’s physical, mental, and emotional well-being. Burg Simpson has extensive experience advocating for the victims of catastrophic injuries. We can account for non-economic losses stemming from conditions resulting in paralysis, cognitive impairment, vision loss, and other complications.

Wrongful death damages may be available if your child tragically dies from a birth injury. Our Phoenix birth injury attorneys can help you and your family file a wrongful death claim.

Who Is Liable for Birth Injury Damages?

Liability for a birth injury may rest with multiple parties. Potential defendants include the doctor who supervised the delivery, medical professionals who assisted during labor, and even the hospital or facility where your baby was born.

Compensation for birth injuries is generally paid by the defendants’ malpractice insurance. Given the damages involved, insurers are likely to fight these claims aggressively.

Burg Simpson can prepare a strong case on your behalf, collecting evidence of medical negligence and retaining expert witnesses. This is essential for proving fault, as well as accurately calculating your birth injury damages.

Contact Burg Simpson Today

Attorneys at Burg Simpson handle birth injury claims with legal knowledge, skill, and compassion. We are highly capable trial lawyers with extensive experience presenting cases in court. This enables us to advocate for maximum compensation on your behalf.

During your FREE case evaluation, our team will listen to your story. We strive to understand what you and your family are going through, as well as the burdens you and your child will face in the future.

Call Burg Simpson at 602-777-7000 for FREE to discuss your case and find out if you are entitled to damages for a birth injury. Our medical malpractice lawyers serve clients throughout Arizona from our office in Phoenix.