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What Compensation Can a Birth Injury Case Recover?

Birth injury cases can be devastating because when a child is injured at birth, this may result in a need for lifelong care or accommodations. 

Parents need to understand their rights in these difficult situations because the medical care providers who caused the birth injury should be responsible for providing compensation for the resulting losses. This money can be used to provide the best quality of life possible for a child who has been harmed. 

Gill Ports Hoste LLC can help parents pursue legal action to get the money they need and that their child deserves. Give us a call today to schedule a free consultation with a Chicago birth injury lawyer to find out how much your case may be worth and how we can fight for compensation. 

You can also read on to learn about the kinds of compensation you can typically recover in a birth injury claim so you’ll know what to expect. 

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Types of compensation you can recover in a birth injury claim

The goal of your birth injury claim should be to provide full compensation for the economic and non-financial losses experienced as a result of the birth injury. Some of the different kinds of compensation you may be entitled to include:

  • Treatment for all medical care, including future medical care: This can include the costs of a NICU stay, specialist appointments, physical therapists, specialized medical care, home health aides, future medical care, and more. Any medical bills you’ve already paid or that will be owed during a child’s lifetime due to the birth injury should be paid for. 
  • Rehabilitation and development support costs: If the injured child has a brain injury or other lasting impairments, ongoing support may be necessary, including behavioral therapy, occupational therapy, and speech therapy among others. All these costs should be paid so the child can reach their full potential. 
  • Lost future earnings: Children may experience challenges in the future because of their birth injuries. It’s important to obtain compensation for any reduction in earning capacity that the child will experience in adulthood because of the disabilities their birth injury caused. 
  • Costs of specialized education: Birth injuries that cause cognitive impairment could result in a need for specialized education that can be very expensive — and that should be paid for.
  • Transportation costs: If a child’s disabilities due to a birth injury necessitate a wheelchair, then damages could include the costs of making a home accessible and acquiring a wheelchair accessible van. 
  • Pain and suffering: Physical pain can result from birth injuries and from essential treatments such as surgeries that are necessary because of the ongoing impact of the injury. Damages should include compensation for this pain. 
  • Lost enjoyment of life: A child may experience functional limitations that affect their quality of life, and that they should be compensated for. 
  • Emotional distress: Depression, anxiety, trauma, and loss of independence can all lead to significant emotional distress that comes at a very real cost. 
  • Caregiver costs: Children may need a caregiver if they are disabled, or a parent may need to leave their job. This causes direct losses that should be paid for by those responsible for the injury. 

These are some of the many types of damages that you should be compensated for after a birth injury.

Getting help from a Chicago birth injury lawyer

Gill Ports Hoste LLC can help you fight for full and fair compensation following a birth injury. Our experienced team of medical malpractice lawyers in Chicago will work with you to understand and prove the extent of your damages. Give us a call or contact us online today to schedule your free consultation and learn more about how we can help you.

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Practice Areas

  • Birth Injury Overview
  • Anoxic & Hypoxic Brain Injuries
  • Brachial Plexus Injuries
  • Cerebral Palsy
  • Delayed C-Sections
  • Erb’s Palsy
  • Fetal Monitoring Mistakes
  • Forceps Birth Injuries
  • Group B Streptococcus (GBS)
  • Hypoxic Ischemic Encephalopathy
  • Intracranial Hemorrhage
  • Jaundice And Kernicterus
  • Labor & Delivery Errors
  • Neonatal Stroke
  • Pitocin Errors
  • Shoulder Dystocia
  • Stillbirth

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