Damages in Birth Injury Cases: Why These Are So Crucial

Nov 10, 2014 — by Gary Zucker
Tags: Birth Injury Damages Medical Malpractice

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We at Gary A. Zucker & Associates, P.C. believe that all clients need a strong advocate for their case. That is why we proudly serve clients throughout Brooklyn and other boroughs in New York City, no matter what accident claims they may have.

Legal assistance is especially important in birth injury lawsuits, which take negligent doctors to task for harming your baby and/or providing poor prenatal care. We'd like to consider why damages in birth injury cases are so important.

Types of Birth Injuries

There are numerous birth injuries that may occur. Some of the most common kinds of birth injuries or prenatal care-related issues include:

  • Cerebral palsy - A type of brain damage that may occur during fetal development or during delivery
  • Perinatal asphyxia - Brain damage caused by insufficient oxygen supply during delivery
  • Bone fractures - Small fractures of breaks as the child is being born may occur when the doctors are not careful, and they must be addressed as soon as possible
  • Brachial plexus injuries (BPI) - Nerve damage around the upper portion of the spine and shoulders
  • Facial paralysis - Poor delivery can lead to problems with your child's facial expressions
  • Shoulder dystocia - A problem during delivery in which the shoulders become stuck after the head is visible/birthed

Birth Injuries Can Have Long-Term Repercussions

Birth injuries do not just affect a baby following the delivery process. There can be long term effects on your child's physical abilities, mental capacity, cognitive skills, and overall quality of life. Any sort of brain damage sustained at birth, for instance, can mean issues with your child's education and development. Or if your child suffers from a physical disability as a result of a birth injury, their mobility may be impaired for the rest of their lives.

Long-Term Medical Care Is Expensive

With birth injuries, special medical needs may be required in order to help your child lead a life that is closer to the norm. These medical treatments can be quite expensive, placing an undue hardship on many households. These burdens can cause a major strain on that household's finances.

Your Lives Will Be More Difficult

In addition to the financial difficulties that may be linked to a birth injury and long-term medical needs, your lives in general may be more difficult. Additional time may be required to accomplished certain tasks (e.g., basic transportation) if your child suffers from a serious disability of some kind.

Given all of these hardships, the damages in a birth injury case will be important to easing the burdens that your child and your household will face.

Compensatory Damages in Birth Injury Cases

Compensatory damages refer to damages that cover actual expenses and material losses. In a birth injury case, these damages will cover medical bills, estimated future medical care costs, expenses for any items that will assist in your child's mobility if needed, and so forth.

Punitive Damages in Birth Injury Cases

Punitive damages are damages that are intended to punish the medical professional or team of professionals who were ultimately responsible for the birth injury occurring. These damages are meant to award the victims of negligence based on the egregiousness of the injury and its circumstances.

These punitive damages are important since certain kinds of hardships do not have a fixed monetary value yet must be taken into account in a case in some fashion.

Schedule a Visit with Our Personal Injury Attorneys

For more information about birth injury lawsuits and other matters related to the hardships caused by negligent medical professionals, be sure to contact our personal injury law firm today. The team at Gary A. Zucker & Associates, P.C. will work closely with you to ensure that you receive just compensation in your case.

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