A Massachusetts case of a birth injury caused by improper fetal heart monitoring serves as an example of what to expect in a birth injury lawsuit in the United States. The case out of Suffolk Count settled outside a jury award of $30.6 million to an amount that remains confidential. Their attorney stated the family will still get a good sum from the settlement, despite that it is confidential in nature.
However, the reality is that even with the settlement, the family could still struggle financially for the lifetime of the child. The CDC reports that the lifetime cost of a child born with cerebral palsy due to birth injury could be around $1 million. That number is an estimate that increases annually and does not include the cost of legal bills for a birth injury lawsuit. Here’s what to expect when you are considering filing a claim for a birth injury?
What Happened in This Case?
In this case, the career nurse with over 30 years of OB-GYN experience, had failed to use the proper heart-rate monitor for the baby. The lawyer for the family believed that she wasn’t even measuring the baby’s heart rate, but rather, the mother’s heart rate.
The baby survived, but wasn’t breathing at birth and was born with severe brain injuries due to lack of oxygen. The case settled six years after the birth and settled outside a jury award It also settled with the hospital issuing a statement over their heartfelt sympathies.
It serves as a good example of what to expect during a medical malpractice claim. The outcome in this case, and many others like it, is a good outcome, and worth the persistence of the claim. The court does recognize that birth injuries place an incredible financial burden on every member of the family involved.
Damages During a Medical Malpractice Claim
For a medical malpractice claim to be successful, you have to show there was a dereliction of duties that would not have happened if any other reasonable practitioner had made a different judgment call. You also have to show damages. The damages are often the easiest thing to prove.
Damages in a medical malpractice case include the following:
- Medical costs at present and in the future
• Home modifications
• Home care services
• Loss of wages
• Pain and suffering
Contact a Birth Injury Lawyer Today
If you aren’t sure how to show a health care practitioner did something wrong, contact a lawyer. There are statutes of limitations in every state, and the sooner you file, the less likely you are to miss important filing dates.
Most birth injury lawyers will work on a contingency fee, which means you will have minimal costs if any upfront. Talk to a lawyer with a free consultation to get an idea if your claim has merit. If it does, your lawyer will help you to get the justice you deserve.