Birth Injury Settlement After Malpractice 

Despite advancements in modern medicine, preventable hiccups occur. Far too many negligent healthcare providers endanger lives through their actions. Or lack thereof. Parents whose children have suffered at the hands of malpractice may find some recourse from a birth injury settlement. While it may not reverse existing injuries, a settlement can help provide necessary treatment. 

Are you the parent of a child who endured an injury due to malpractice? You could benefit from a lawsuit. Talk to a lawyer to learn your options and how a settlement can compensate you for your damages. Our team would love to answer any questions you may have. Together we can determine if pursuing legal action may be right for you. 

Columns of judiciary building.

A Jersey Family Receives A Birth Injury Settlement

Ameliha Williams was seven months pregnant when she experienced excruciating abdominal pain. She claimed the physician delayed performing a c-section. The result? A baby born with severe cerebral palsy. 

The case explains the physician was aware of the baby’s alarming health conditions when Ameliha came in:

Clearly, this was an emergency. Unfortunately, it was not treated this way. The physician waited far too long and deviated from the standard of care. Ameliha’s son is now 10 and cannot walk on his own. He also cannot speak coherently and suffers from frequent seizures. The Williams family received compensation through a birth injury settlement to help pay for their son’s lifelong care. 

Settlement Vs Trial

Not all cases end up going to trial. That’s true for medical malpractice cases too. In fact, many families benefit from their case turning into a settlement. 

That’s because birth injury settlements can give families the monetary funds they need to adequately care for their child. Minus the costs and uncertainties of a trial. 

It is well known that hospitals and medical providers are equipped with top-notch insurance, a large team of legal experts, and all the walls and gates to prevent many lawsuits going against them. Even with extensive evidence, it is not a guarantee your lawsuit will result in a win. The court may not rule in your favor. If your lawyer believes a birth injury settlement is possible and more beneficial, it may be the better route to take. 

Hampton & King can help you determine if your case may qualify for a settlement. 

Birth Injury Settlements: What Do They Cover?

If you were the victim of a birth injury, you’re well aware of all the costs you may have to keep up with. Necessary medical equipment, hospital visits, physical therapy, and occupational therapy are all forms of healthcare your child may need. 

It is unfair to put the burden on a grieving parent. Especially when the injury was preventable and a direct cause of a negligent doctor. 

Birth injury settlements can cover the following costs:

  • Medical equipment and devices
  • Prescriptions
  • Physical therapy
  • Occupational therapy
  • Speech therapy 
  • Transportation needs
  • Lost wages in case you had to leave your job to care for your child
  • Other special damages 

There is no set monetary amount a negligent hospital will pay out. Each settlement is unique. The dollar amount depends on:

  • The severity of your child’s condition
  • How much treatment is required (lifelong injuries will likely have a higher settlement

What A Birth Injury Looks Like

A birth injury settlement needs a birth injury to occur. But what really is a birth injury?

Here are examples of injuries that may cause victims to seek birth injury settlements:

  • Brain injury caused by oxygen deprivation
  • Head trauma
  • Cerebral palsy
  • Fractured or broken collarbones
  • Fractured skull
  • Erb’s palsy
  • Shoulder dystocia 
  • Spinal cord injuries
  • Stillborn baby

This is not an extensive list of all possible birth injuries. You would know if your doctor acted negligently and caused a completely preventable injury.

Baby sleeping in NICU.

Seeking A Settlement

An experienced lawyer can help persuade the negligent side to reach an agreement on the amount of compensation. Our team of experts have helped many Houston families reach birth injury settlements. While the monetary compensations may not have reversed the injuries, they have certainly relieved many financial burdens. 

The first step towards a settlement is to contact a lawyer and present them with all your evidence. They’ll help you determine whether or not the injury was caused because of a doctor’s negligence. If yes, they’ll work hard to help you reach a birth injury settlement. 

Contact Hampton & King today to discuss the potential of a settlement.