What damages are available in a birth injury lawsuit?

In Delaware, a birth injury lawsuit may award damages to the injured party for medical bills, lost wages, and other expenses related to the injury sustained. Damages may be awarded to compensate for physical pain and suffering, mental anguish, physical disability, and disfigurement. Additionally, damages may also be awarded for future medical expenses, loss of earning capacity, and future pain and suffering. In order to be eligible for damages, the parents must be able to prove that the injury was caused by the negligence of the doctor, healthcare professional, or hospital. If the negligence is proven, the court may award damages to the plaintiff, either in a lump sum award or in a structured payment plan. The injured party may also be eligible to receive punitive damages. Punitive damages are meant to punish the wrongdoer in order to discourage similar conduct in the future. Punitive damages are reserved for cases where the wrongdoer acted in particularly reckless or irresponsible manner. Damages awarded in birth injury lawsuits may also include compensation for loss of consortium. Loss of consortium refers to the loss of companionship, love, and affection of the injured party. This type of damage is usually awarded to the injured party’s spouse. In Delaware, a birth injury lawsuit may award different types of damages such as medical bills, lost wages, pain and suffering, future medical expenses, and loss of earning capacity, as well as punitive and loss of consortium damages.

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