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 Oregon. Generally, punitive damages, or damages awarded to punish a defendant for conduct deemed especially harmful, may not be recovered in a birth injury lawsuit. Additionally, even if the injury is a result of medical negligence, non-economic damages, such as those for pain and suffering or emotional distress, may not be recovered. This is because Oregon follows the concept of "comparative fault" when it comes to medical malpractice. In these cases, a court will consider the degree to which each party was at fault for the injury and assign each party a degree of fault. If the injured party is found to be 50 percent or more at fault, they may not recover any damages. Consequently, if the injured party was the one to be more than 50 percent at fault, damages that would normally be available in a medical malpractice lawsuit may not be recovered. But, in a birth injury case, the court would consider not only the negligent healthcare provider but also the parents of the injured child when determining fault. So, depending on the facts of the case, a parent or the injured child may still be able to recover damages.

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

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