What to Expect From Your Birth Injury Lawsuit Settlement

Birth injury lawsuits are a type of medical malpractice claim. Birth injury and medical malpractice cases settle out of court more than 95 percent of the time. According to recent data from the U.S. Department of Health and Human Services, medical malpractice lawsuits have some of the highest payments, averaging around $350,000. Obstetrics-related claims (i.e., claims related to childbirth) account for about 10 percent of all malpractice payouts. Permanent injuries requiring lifelong care, especially injuries to the brain, are associated with higher payouts.

While data on average settlements is useful in general, it doesn’t say much about any particular case—that’s why you need a Morgan & Morgan attorney by your side. The biggest factors affecting a birth injury lawsuit settlement are:

• The extent of care—including medical, nursing, therapeutic care, and attendant care—that the child will require over the course of their lifetime
• The injured child’s life expectancy

The types of damages that may be available in a birth injury case include:

• Current and future medical expenses
• Additional healthcare costs, such as occupational therapy, in-home care, and home modifications
• Lost wages
• Pain and suffering
• Loss of enjoyment of life

Find out if you are eligible for a birth injury lawsuit: Take our FREE QUIZ

Birth injury lawsuits revolve around highly-technical medical issues. To win a birth injury case, the family of the injured child must prove that healthcare professionals deviated from accepted medical standards and that this substandard care caused the child’s birth injury. Errors can occur at different stages—both pre and post-birth—as well as during delivery. Common errors that can lead to birth injuries include:

• Failure to properly manage a baby in the breech position
• Failure to perform proper screening of the mother and/or child
• Not performing a timely Caesarean section
• Improper use of vacuum extractor or forceps
• Failure to properly resuscitate a newborn in the delivery room
• Failure to monitor a newborn’s vital signs

Due to the technical medical arguments and evidence that must be presented in a birth injury lawsuit, lawyers typically call upon experts. In addition, a Morgan & Morgan attorney can present a variety of evidence to prove medical negligence in a birth injury case. Types of birth injury evidence can include:

• Non-expert testimony from family members and non-family members such as teachers and therapists
• Medical records (for mother and child)
• Hospital policies and procedures for labor and delivery
• A life care plan for the injured child
• Photographs and video footage

A small error or lapse in attention is all it takes to cause an injury that forever changes a child’s life. 

While medical professionals are held to very high standards, proving that they made a mistake can be challenging. Don’t trust your case to just any firm. Trust Morgan & Morgan, the country’s largest injury law firm, which has already recovered more than $25 billion for clients just like you. It costs nothing upfront to hire us, and we only get paid if we achieve a verdict or settlement in your case.

Learn how our birth injury attorneys may be able to help you and your family by completing a free case review.