Are there any damages that cannot be recovered in a birth injury lawsuit?
Yes, there are damages that cannot be recovered in a birth injury lawsuit in Delaware. This is because many states, including Delaware, limit the amount of damages that can be awarded in malpractice lawsuits. Under Delaware law, damages for “pain and suffering” and “punitive damages” are not allowed in medical malpractice lawsuits. Additionally, some types of damages simply cannot be recovered in a birth injury lawsuit. For instance, emotional distress damages—such as those suffered by parents due to the emotional toll of a birth injury—may not be recovered. However, parents may be eligible to seek reimbursement for the cost of medical care and other out-of-pocket costs related to the injury. In Delaware, non-economic damages—which include pain and suffering—are capped at $350,000 per patient. Punitive damages, designed as punishment for particularly egregious conduct, are not available in medical malpractice cases as a matter of law. If you believe that you or your loved one has suffered a birth injury due to medical negligence, it is important to speak with an experienced Delaware birth injury attorney who can assess your case and explain to you what damages may be recoverable.
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