Birth Injury Lawsuits: FAQs (Pt. 2)
September 26, 2014
Picking up from where we left off in Birth Injury Lawsuits: FAQs (Pt. 1), below we will continue to answer some commonly asked about birth injury cases.
Q – How long will it take to resolve my case?
A – It depends on your case. In fact, some of the specific aspects of a given case that can impact how long it will take to resolve that birth injury case include (but are not limited to):
- The type and severity of the birth injury
- Whether one or multiple medical professionals may be named as defendants in the case
- Whether hospital liability may have been a factor in the case
- Whether one or multiple expert witnesses may be needed in the case
- How willing the defendants are to fight the charges or resolve the case as efficiently as possible.
The takeaway here is that birth injury cases tend to be complicated and are, consequently, not usually resolved quickly. Instead, it generally takes months (or possibly longer) for birth injury cases to be resolved.
Q – What type of compensation can I receive if I move forward with a birth injury lawsuit?
A – While the compensation in a birth injury case will vary according to the details and facts of that case, in general, people can obtain the following types of compensation when they move forward with these cases:
- Compensation for past medical bills related to treating the birth injury
- Compensation for the ongoing treatment costs of the birth injury (This can include, depending on the nature of the child’s injuries, the future need for surgery, physical therapy, specialized medical equipment, etc.)
- Compensation for the permanent quality of life impacts related to the birth injury
- Compensation for the mental suffering the birth injury has caused.
Q – What if my child’s condition gets worse overtime? Is there a way to plan for this in a birth injury case and settlement?
A – Yes. Tragically, there are some types of birth injuries that may result in conditions or impairments that are expected to get progressively worse over time. When this may be the case for a child and his family, proving the progressive nature of the birth injury will be critical to the case (this can be done, for example, through medical expert witness testimony).
When it comes time to negotiate (or otherwise workout) a birth injury settlement, incorporating specific language into the terms of this settlement can account for a child’s potentially worsening condition, his future medical needs and the likely escalating costs of them.
Again, it’s best to consult with an attorney to find out specifically how this factor or issue may play a role in your birth injury case and, consequently, your best options for dealing with it to ensure your child’s future medical needs are covered.
Don’t miss the upcoming conclusion to this blog series that will be posted soon!
Portland Birth Injury Lawyers at the Savage Law Firm
Is your child living with the impacts of a serious birth injury? If so, it’s time to contact the experienced Portland birth injury lawyers at the Savage Law Firm. Since 1977, our trusted attorneys at the Savage Law Firm have been devoted to consistently building our clients the strongest possible cases, being accessible to our clients at every stage of their case and doing whatever it takes to help them obtain the best possible outcomes.
Contact Our Portland Birth Injury Lawyers Today
To learn more about our legal services and what we can do for you, call us at 503-222-0200 (in Portland) or at 206-957-7272 (in Seattle). You can also email us using the form on this page.
We represent clients in communities in both Oregon and Washington from our offices in Portland and Seattle.