Birth injury awards are intended to compensate families for the financial and emotional damages incurred from preventable mistakes made during pregnancy, labor, delivery, or soon after birth.

Part of the agony of birth injuries is the stark contrast to the expectations for this time in life. Welcoming a child into the world should be a time of joy, and the tragedy of a birth injury can leave families devastated. These birth injuries can also result in years of specialized medical care and emotional support. In some cases, these financial and emotional costs of a birth injury last a lifetime.

If a healthcare provider caused or contributed to your child’s injury, it’s important to know how these birth injury cases work so you can proceed from a position of understanding. As with any complex case that can result in staggering costs, you should work with legal experts to make sure you get the resources you need to cover your expenses and give your child and yourself the best quality of life possible.

What Is a Birth Injury Award?

Not every birth complication that takes place during or after pregnancy is because of malpractice. Pregnancy and delivery inherently involve risks, and even under the best circumstances, not every negative outcome can be prevented.

Birth injury cases happen when medical professionals, including doctors, nurses, or hospitals fail to meet medical standards and that failure causes an injury.

Common Birth Injury Causes

Part of birth injury lawsuits is ‘duty of care.’ This means that medical professionals are expected to provide a certain standard of care to their patients. If this is neglected, these professionals may be at fault for the birth injuries.

During pregnancy, delivery, and birth, healthcare providers are expected to regularly monitor the mother and baby throughout the process and respond to any complications. Part of medical training is learning to recognize warning signs and understanding when and how to address them.

Some common causes of injury in birth injury cases include:

• Failure to recognize oxygen deprivation
• Failure to monitor fetal distress
• Improper prenatal monitoring
• Improper use of medical tools
• Delayed, medically necessary cesarean
• Failure to appropriately respond to umbilical cord complications

It’s important to say again that just because one or even more than one of the above were present in your child’s birth and injury occurred, it doesn’t mean medical negligence took place. When you Phoenix injury attorneys, they will work with qualified medical experts that can help you determine if the medical standard of care was violated and if you have a case for birth injury compensation.

Long-Term Effects of Birth Injuries

The impact of birth injuries depends on the type and severity of the harm done. Some children recover completely with the right treatment, while others may be impacted for life.

Birth injuries can affect:

• Physical development
• Speech
• Learning
• Mobility
• Cognitive function
• Behavior

Specific conditions, such as cerebral palsy, spinal cord injuries, and other neurological damage, can require years of specialized treatment.

Long-term effects of birth injuries can lead to huge responsibilities that far surpass regular childcare. Medical appointments, physical therapy, speech therapy, specialized education, adaptive equipment, and home modifications might all be required. 

This isn’t even considering the emotional impact of such birth injuries. Caring for a child with significant medical needs, especially those related to brain injuries, can put strain on not only finances, but relationships, careers, and the mental health of parents and family.

Because of how varied these birth injuries can be both in severity and persistence, compensation can vary widely.

Compensation Coverage for Birth Injuries

Fair birth injury compensation must address existing costs and account for future expenses and losses. One of the challenges in calculating these numbers is that many of these costs have not yet been incurred. 

A child who is only a few months old may require decades of specialized care. This care itself can lead to huge costs, and it may also reduce the capacity and earning ability of the child’s parents.

Birth injury compensation may include:

• Medical expenses
• Hospital and rehabilitation costs
• Prescription medication
• Physical, speech, and occupational therapy
• Specialized education needs
• Home and vehicle modifications
• At-home medical equipment
• Assistive technology
• Lost earning capacity
• Pain, suffering, and emotional distress of both the child and the family

Families who have been the victim of brain injuries caused by malpractice should work with seasoned lawyers who specialize in these calculations. It isn’t enough to receive compensation for immediate medical bills. Law firms will work with experts like rehabilitation specialists and economists to create an accurate portrayal of the long-term costs that might come from these birth injuries.

Building a Strong Case

Successful brain injury cases are built on thorough documentation. Tracking medical care provided before, during, and after delivery is key to these birth injury cases.

Attorneys might review hundreds of pages of records to prepare a lawsuit, all the while consulting with independent experts. Nursing records, physician notes, vitals monitoring data, delivery records, imaging results, and testimony can all paint a picture of what happened and if care met medical standards.

In addition to this information, families can help by providing records of expenses, appointments, and medical evaluations. Putting together all this information, a skilled lawyer can show exactly what expenses have already been incurred and what future costs and losses may be.

Remember that there is no average compensation when it comes to brain injury awards. Your Phoenix birth injury case is your own, and you need to ensure you get the compensation you and your child need.

Building a New Future

A preventable birth injury can change the trajectory of an entire family’s life. Not only do the people involved deserve answers about what happened, they deserve support in shouldering the burden of the aftermath.

Gage Mathers has a long history of representing victims and getting them the award they are owed. Our birth injury lawyers will investigate the circumstances of your child’s injury, consult medical professionals, and help you build the strongest case possible.

Reach out today to understand your Arizona birth injury legal options for getting the answers, justice, and financial assistance you and your family deserve.