Find a Birth Injury Attorney Who Can Represent You
A jury awarded just under $13 million after a mother and child sued a medical center for a birth injury due to medical malpractice. The woman claimed doctors caused the injury while pulling on the infant’s head to dislodge her arm from the woman’s pelvic bone. The incident severed the infant’s nerves in her right arm, leaving her disfigured and without complete use of her arm. According to the woman’s lawyer, the child’s injury is permanent and the child will need assistance performing many basic tasks.
While $13 million might seem like a disproportionate amount of money at first, the amount is based on real costs. In fact, the amount may not even be sufficient to compensate this child for the damages caused by the medical provider.
Why the Jury Awarded $13 Million for a Birth Injury
Jury awards are based on real costs of expenses incurred by injuries. Since the child was born, she has already endured multiple surgeries and must wear a brace on her right arm. Much of the compensation will go toward paying for these surgeries and medical expenses.
This award is also supposed to provide payment for future expenses as well. The child’s condition, which is known as Erb’s palsy or shoulder dystocia, can be a serious, life-changing injury. This child will need support from professionals and medical devices. After deciding that the medical center caused the child’s injury, the jury combined the current costs with anticipated future costs and other damages to arrive at the $13 million figure.
Why this Compensation May Not Be Enough for the Birth Injury
Simply because a jury awards a certain amount of compensation does not mean the victims will receive that amount. Though these large jury awards often make a big splash in the news, state laws place caps on total damages. This $13 million award may be reduced significantly by the time the victims receive the compensation. A jury of peers thoroughly explored the facts and evidence of the case and decided on appropriate compensation, yet some state laws that ultimately protect those guilty of medical negligence can keep victims from receiving the compensation they deserve.
Medical malpractice cases are not about greed – they allow victims to seek justice and help pay for medical expenses that they incurred because someone else made a mistake. Victims should be entitled to the full amount of damages as determined by a jury. Regulations that reduce this amount only serve to bar victims from the awards they deserve.
Where Can I Find a Birth Trauma Lawyer Near Me?
If your child suffered from a birth injury and you believe medical malpractice is at fault, our birth trauma attorneys are ready to support you. We know how to defend victims of birth trauma and will do everything in our power to get you the compensation you need. Call our attorneys today for a free consultation.
