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THE HOMYAK LAW FIRM, P.C.

Protecting Accident Victims Throughout Western Pennsylvania.

Damages to claim in birth injuries

| Jun 14, 2021 | Malpractice

Birth injury lawsuits may require significant compensation for injured children and their families. Cerebral palsy is one of the most common issues that families face because of medical negligence. If you live in Pennsylvania and need to file a medical malpractice claim after your child was injured during birth, here are some crucial things to know about the condition.

What is cerebral palsy?

Cerebral palsy, or CP, is a medical condition that requires long-term medical care. Individuals with CP usually have medical issues associated with the condition, such as vision loss, seizures, hearing impairments and cognitive challenges. Medical malpractice during delivery is the main cause of CP.

Families of children with CP are likely to spend significant sums of money to pay for medical care, special education and assisted living. The child will typically require lifelong care and experience a loss of earning potential.

The CDC asserts that medical costs are highest for children with intellectual disability and CP. The estimated cost of care for cerebral palsy was almost $1 million in 2003 and is substantially higher today.

How states classify medical care

Many states have damage limits on medical malpractice claims. The limits are usually pertaining to non-economic losses such as disability or pain and suffering and don’t apply to future economic damages. Economic damages are defined as lost earnings, home and vehicle accommodations, rehabilitation costs and medical expenses.

Attorneys handling birth injury cases may help calculate economic damages to help children with cerebral palsy and their families get the settlements they deserve. Speaking a qualified personal injury lawyer may help you determine how a medical malpractice settlement might benefit your family.