Are there any damages that cannot be recovered in a birth injury lawsuit?

Yes, there are certain damages that cannot be recovered in a birth injury lawsuit in California. First, pain and suffering damages are not available in a birth injury lawsuit due to California’s Medical Injury Compensation Reform Act (MICRA). This means that you may not be able to receive damages for physical or emotional trauma suffered by the family or the baby. Second, punitive damages cannot be recovered in a birth injury lawsuit. Punitive damages are those that are intended to punish the party at fault and deter them from acting the same way in the future. These damages cover an injured party’s expenses, pain and suffering, and more, but due to the high likelihood of harm to the newborn, they are generally not awarded in birth injury lawsuits. Third, there is an economic cap on damages that can be recovered in a birth injury lawsuit. This includes both compensatory and non-economic damages. Economic damages help to cover the costs of medical care and other accident-related expenses. Non-economic damages are meant to help the injured party recover from pain or suffering, but these types of awards typically have a statutory cap in place. Therefore, it is important to understand that there are certain damages that cannot be recovered in a birth injury lawsuit in California. It is important to speak with a lawyer to understand the applicable law and what types of damages can be recovered from a birth injury lawsuit.

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