Birth injury lawsuits, where a child has been profoundly injured or died due to medical negligence, are extremely difficult emotionally and financially. Although they fall into the category of medical negligence cases, birth injury cases are unique.

What makes these cases different?

We asked Jeff Milman, an attorney who has been practicing medical negligence law for 26 years and member of the Advocate Law Group, to explain what makes these cases different. Here’s what he told us:

Birth injury cases are unique in that you have multiple, multiple experts. They are extremely complex and these cases are very expensive. For example, when we look at a case in which the baby suffered fetal bradycardia, where there was a deprivation of oxygen and a caesarean section wasn’t done fast enough, we’re looking at hiring a labor and delivery nurse. We look at hiring in obstetric gynecologist.

We’re hiring an expert on neonatology. We then might have the baby examined by a pediatric neurologist, a physical medicine and a rehab specialist. We would get a life care planner involved to project out all the future medical needs along with these other physicians along with a forensic economist. So, it’s not unusual to have costs on these cases escalate to upwards of $100,000 or more if you’re going to go to trial.

Damages can be substantial

Damages in birth injury cases are also unique – and according to Milman, can be substantial. He explained, “Each state has different limits. In California, we have MICRA, the Medical Injury Compensation Reform Act, which has been around since 1975. It caps the amount of pain and suffering to $250,000 for the child. For negligent infliction claims for the parents, there would be separate caps to a maximum of $250,000 and unfortunately, if there is a death, it’s $250,000 for a family – total. Now, of course, if you go to other states, for example, Nevada; they have a $600,000 cap. Some other states have no caps.”

Intentional harm is difficult to prove Intentional infliction of emotional distress, where someone intended to harm another, is also a possible claim, but according to Milman, it’s hard to prove, “If you can prove that a physician or staff intended to hurt someone or there’s a battery that takes it outside of the negligence venue, then yes; you can avoid caps. However, that’s pretty difficult to do.”

If your child was profoundly injured or died as the result of medical negligence, contact an attorney whose practice focuses in this area of law for help. To contact an experienced attorney near you, please click here.