Many birth injuries are caused by a doctor’s, midwife’s, or other healthcare provider’s negligence. When a birth injury was caused by medical malpractice, you and your family may be entitled to pursue a birth injury claim to recover financial compensation. Most claims are resolved through a settlement. You may be wondering how much the average birth injury settlement is worth if you or your child were injured.
Keep reading to learn more about how a birth injury settlement works and can be reached.
Common Birth Injuries
Examples of birth injuries that can be suffered by children during pregnancy and delivery include:
- Cerebral palsy
- Erb’s palsy/brachial plexus injury
- Herpes encephalitis
- Intrauterine growth restriction
- Hypoxic ischemic encephalopathy
- Brain hemorrhage
- Stoke
- Periventricular leukomalacia
- Persistent pulmonary hypertension
- Hydrocephalus
- Hypotonia
- Hypoglycemia
- Jaundice as a secondary complication of caput succedaneum
Examples of birth injuries to mothers include:
- Vagina tearing
- Postpartum hemorrhage
- Ruptured uterus
- Uterine inversion
- Pelvic organ prolapse
- Preeclampsia
What Can You Recover Compensation for in a Birth Injury Claim?
Depending on the type of birth injury you or your child suffered, filing a compensation claim is often necessary. This includes various expenses and losses that you incurred due to your or your child’s injury. Financial recovery in a birth injury claim can include:
- Medical expenses for treatment and rehabilitation. This includes future anticipated medical expenses that you or your child will need.
- Costs of long-term care and living assistance. This includes home health services, special education services for children, or institutional care for severely disabled children. This is necessary as parents age.
- Lost wages or income when an injured mother needs to take additional time off work to recover
- Loss of future earning capacity, including the estimated earnings that a severely disabled child would have earned but for their birth injury
- Physical pain and emotional distress
- Reduced enjoyment and quality of life due to physical disability, permanent scarring or disfigurement, or loss of fertility
- Shortened life expectancy due to a child’s birth injury
Obtaining a Birth Injury Settlement
Because every case is different, there is no “average” birth injury settlement. Every child or mother will have their own unique needs for medical treatment and long-term care. Some of the factors that can impact the value of a birth injury settlement include:
- The severity of the injury
- The expense of medical treatment and rehabilitation
- Whether the injured mother or child will need long-term care and support
- Whether the birth injury results in permanent disability, impairment, or loss of bodily function
- The extent of the at-fault medical providers’ insurance coverage
- The strength of your evidence and legal claim
It is important to work with a medical malpractice attorney when pursuing a birth injury settlement. Insurance companies often find reasons to minimize or deny your claim. Your attorney can advocate on your family’s behalf to maximize your financial recovery.
In addition, you should also keep the statute of limitations in mind when negotiating a birth injury settlement. Under New Jersey’s statute of limitations, an injured mother has two years after suffering a birth injury to file suit. If your child suffers a birth injury, your family has until your child’s 13th birthday to file suit.
Contact A Medical Malpractice Attorney for a Consultation About Your Birth Injury Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? If so, you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield birth injury attorneys at the Law Offices of Andres, Berger & Tran P.C. can help. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Pennsauken, Voorhees, Lindenwold, and Collingswood. Call us today at 856-317-6558 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Hwy. E., Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
