When a child suffers an injury at birth, the financial and emotional difficulties that come with managing the child's care may seem insurmountable. Although many parents are reluctant to take legal action following a birth injury, most birth injuries are caused by medical errors, and the providers that inadvertently injure a child should be held accountable. If your child suffered harm at birth due to negligent medical treatment, it is prudent to speak with legal counsel regarding what claims you may be able to assert in a medical malpractice lawsuit. The skillful Baltimore birth injury lawyers of the Arfaa Law Group are proficient at trying medical negligence cases. We can advise you of what to expect during a trial in a birth injury case, as well as what compensation you may be able to recover for your child’s harm.
Proving Liability for a Birth Injury at TrialAlthough many cases settle before they reach the trial stage, in some cases, the parties cannot come to an agreement as to liability or the value of the injured party's damages, and it becomes necessary to try a case. Thus, it is important for anyone considering pursuing claims against a medical provider for harm caused by a child's birth injury to understand the trial process and potential damages.
The main goal of a trial in a birth injury case is to prove that the defendant care providers should be held liable for the injured child's harm and to establish the amount of damages the child and his or her parents suffered as a result of the injury. Thus, the attorney for the plaintiffs will set forth evidence showing that the defendant had a duty to treat the plaintiffs in a manner that complied with the applicable standard of care, but that the defendant breached the duty. Typically, the plaintiffs' attorney will call on medical experts to testify as to what standard the defendant was required to comply with and the manner in which the defendant departed from the standard of care. Medical experts will also be used to establish that the plaintiffs' harm was caused by the defendant's breach, and the extent of the harm suffered. In many cases, the attorney for the plaintiffs will introduce testimony from the child and/or the child’s parents to show the manner in which the injury affects their daily lives.
Counsel for the defendants will likely refute the evidence presented by the plaintiff, and either argue that the defendants did not depart from the standard of care, or that any departure did not cause the plaintiffs’ harm. Ultimately, the issues of liability and damages will be decided by the judge or jury evaluating the case.
Damages You May Be Awarded Following a Trial in a Birth Injury CaseAn injured child and the child’s parents may both be awarded damages in a birth injury case. The child’s award may consist of compensation for economic damages, such as the cost of medical treatment he or she will need after reaching the age of majority, including the cost of any therapy or assistive devices, and loss of earnings. The child may also be awarded damages for the pain and suffering and loss of enjoyment of life caused by the injury. If the errors committed by the medical providers were especially egregious, punitive damages, which are meant to punish wrongful conduct, may be awarded as well. The parents of a child who suffered a birth injury may also be awarded damages for the cost of any medical treatment the child needs prior to turning eighteen, for the loss of the child's services, and for the emotional distress the parents experienced due to the child's injury.
Consult an Experienced Birth Injury Lawyer in BaltimoreBirth injuries can cause permanent impairment, and the cost of providing lifelong care for a child who suffered an injury due to medical negligence can be astronomical. If inadequate medical treatment caused your child to suffer an injury at birth in Baltimore, you can consult an attorney to discuss what recourse you may have for the harm you and your child sustained. At the Arfaa Law Group, we are adept at helping families of children who have suffered birth injuries navigate the process of seeking compensation in a civil lawsuit. You can contact us at 410-889-1850 or via our form online to set up a complimentary and confidential consultation