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

In Tennessee, damages that cannot be recovered in a birth injury lawsuit depend on the type of lawsuit and the facts of the case. Generally, a plaintiff’s recovery is limited by the amount of medical costs and resulting economic losses sustained as a result of the injury. Generally, birth injury lawsuits seek compensation for medical costs, pain and suffering, loss of earning capacity, and other losses sustained. However, punitive damages, which are intended to punish and deter wrongful conduct, may not be available if the plaintiff cannot prove the defendant acted with malice or intent in causing the injury. Additionally, damages for emotional distress or mental anguish are not generally available in birth injury lawsuits. Though plaintiffs’ attorneys may argue for damages for the suffering of the injured child, the courts may be unwilling to award such damages based on the fact the child cannot communicate their emotions. Moreover, damages for lost earning capacity may not be recovered if a plaintiff fails to demonstrate that their earning capacity was affected by the injury. For example, if the injury occurred during infancy and the child is now an adult, they would need to provide evidence of how the injury impacted their ability to earn a living. Finally, parents looking to recover damages for loss of companionship may not able to recover such damages if they cannot demonstrate that their child’s injury has caused emotional distress. Though the idea of having a child injured during birth is extremely traumatic, courts may not be willing to award damages for such an intangible injury.

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

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