A birth injury can change the course of a child’s life and result in lifelong medical costs, developmental challenges, and intense emotional strain.
If negligence caused your child’s birth injury, you may be entitled to pursue compensation through a medical malpractice claim. That compensation generally falls into two categories: economic damages and non-economic damages.
Economic damages cover the financial losses that directly result from the birth injury. They can be proven with receipts, invoices, and other documentation. These damages are meant to compensate you for both current and future costs that can be calculated with some degree of certainty.
Non-economic damages compensate families for losses that are personal in nature and do not have a direct financial value. Nonetheless, these damages can make up a huge portion of your personal injury award.
Examples of Economic Damages
Economic damages cover any financial losses resulting from a birth injury. Common examples include:
- Medical expenses – Birth injuries often require extensive medical care, including neonatal treatment, surgeries, medication, and ongoing therapies. Economic damages can cover both past bills and projected lifetime medical needs.
- Rehabilitation and therapy – Many children with birth injuries need physical, occupational, speech, or behavioral therapy. These services can last for years and often represent a substantial financial burden.
- Special education services and assistive devices – When a birth injury (such as cerebral palsy) affects mobility, communication, or learning, children may require adaptive equipment and specialized educational services.
- In-home care or long-term care – Economic damages can provide money for home health aides, daily living support, or long-term residential care.
- Lost income – If a parent must reduce work hours or leave their job entirely to care for an injured child, compensation may also cover lost income and diminished earning capacity.
Economic damages provide the financial resources to meet their child’s evolving needs throughout their life.
Non-Economic Damages Explained
Non-economic damages compensate families for losses that reflect the emotional, psychological, and quality-of-life impacts associated with a birth injury.
Examples include:
- Pain and suffering – Compensation may be available for the physical pain your child endures due to injuries, procedures, or chronic conditions resulting from medical negligence.
- Emotional distress – Parents and children may experience significant emotional and psychological harm, including anxiety, depression, grief, or trauma.
- Loss of enjoyment of life – Serious birth injuries may prevent a child from participating in typical childhood activities or living independently later in life.
These damages recognize the profound difficulties that families face after a preventable birth injury.
Caps on Damages in Malpractice Lawsuits
In Texas, non-economic damages in medical malpractice cases are capped at $250,000 per healthcare provider and up to $500,000 total from all healthcare institutions, with an overall maximum of $750,000 per claimant.
In wrongful death cases involving medical malpractice, total damages (excluding medical and funeral costs) are capped at approximately $1.8 million, adjusted for inflation.
Economic damages are not capped since they reflect measurable financial losses.
Contact an Experienced Birth Injury Lawyer for Help
An experienced Houston birth injury lawyer can help you understand the types of compensation available in a birth injury case.
If your child experienced a preventable birth injury, contact Hampton & King today to discuss your rights and legal options during a confidential consultation.