How is damages determined in a birth injury case?
When an infant or mother suffers an injury during the birthing process, determining the amount of damages can be difficult. In Arizona, birth injury cases are regulated by personal injury law, which outlines the criteria for awarding damages in a birth injury case. When proving a birth injury case, plaintiffs must first establish that the injury was caused by medical negligence. Once the negligence has been proven, the court will consider the extent of the injury, the type of medical care received, and the expected recovery time. The court will also look at the age of the injured party, the financial resources available, and any losses suffered due to the injury. To determine the exact amount of damages awarded, the court will consider both economic and non-economic damages. Economic damages are intended to reimburse the injured party for expenses related to the birth injury, such as medical bills, lost wages, and physical therapy, while non-economic damages are meant to provide compensation for pain and suffering. Once economic and non-economic damages have been determined, the court will add them together to come up with the total amount of damages that will be awarded to the injured party. It’s important to remember that each case is unique, and the amount of damages awarded may vary depending on the individual circumstances.
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