What damages are available in a birth injury lawsuit?

In California, damages available in a birth injury lawsuit depend on the injury. Generally, damages available for a birth injury lawsuit include medical expenses, lost wages, pain and suffering, and even punitive damages if the injury was caused by the doctor’s negligence. Medical expenses may include past, present and future medical costs associated with the birth injury. This could include costs for hospital stays, surgeries, medical tests, doctor visits and any special medical equipment needed. Lost wages cover wages and other employment benefits, such as any promotions or raises, lost due to a parent having to take time off of work to provide care for a child. Pain and suffering damages are meant to compensate the parents for physical and emotional suffering due to the injury. This can include the stress of having a child suffer an injury, as well as the impact of any permanent disabilities or disfigurement caused by the injury. Lastly, punitive damages are sometimes available if the doctor was found to be negligent. These damages are meant to punish the doctor and to deter similar conduct from occurring again. In conclusion, birth injury lawsuits in California provide parents with a way to seek compensation for their damages. Depending on the injury, parents may be eligible for medical expenses, lost wages, pain and suffering, and punitive damages.

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