Financial Planning for Families Affected by Birth Injuries

It can be challenging to estimate the lifelong costs for a child who has sustained a birth injury. Given that seven out of 1,000 children suffer birth injuries each year, many families must face the reality of ongoing treatment. The financial impact of a birth injury goes much deeper than a person’s bank account, potentially causing mental and emotional distress within a family.

Our Ashland birth injury lawyers will explain the costs associated with birth injuries and how a we can advocate for you and your family.

Cost of Ongoing Treatments

A child who has suffered a birth injury will require ongoing medical treatment, which will come in the form of physical therapy, specialized equipment, home modifications, and appointments with specialists. Furthermore, birth injuries typically require multiple surgeries, creating a financial burden for most families.

Educational Costs

Certain birth injuries, such as cerebral palsy, cause delays in developmental milestones. This will require specialized educational services, requiring the child to have an IEP (individual education program) or even to attend a specialized school. With cerebral palsy impacting basic motor skills, children with cerebral palsy often require occupational therapy and other services outside of school.

Lost Wages and Loss of Future Earnings

Children who have birth injuries often require extra time and attention, requiring parents to miss time from work. Calculating lost wages can be complicated, but an experienced birth injury attorney can help you with discerning your lost earnings and any time that you have missed from work.

Emotional Costs

Whereas most losses related to a birth injury are out-of-pocket, tangible losses (economic damages), many impact a child’s emotional and mental well-being. These intangible losses are known as noneconomic damages but may also be called pain and suffering damages. Kentucky is one of the few states that does not have a monetary cap on noneconomic damages in a medical malpractice case.

Whereas these damages are not as easily quantifiable, there are methods to calculate these types of losses. At Wilt Injury Lawyers, we typically use the multiplier method to calculate noneconomic damages. Your child’s physical injuries will be rated on a scale from 1.5 to 5 (with 5 being the most severe). We then total your economic damages and multiply it by that figure to determine noneconomic damages.

Establishing A Physician’s Liability

For a family to recover damages in a birth injury lawsuit, the following must be established:

• Duty of care: A physician or OB/GYN is required to follow the accepted standard of care that a practitioner in the same field would follow in the same or similar situation.
• Dereliction: Either through an act or failure to act, a physician or OB/GYN violates the standard of care.
• Damages: As a result of the health care provider’s act, your child requires further medical treatment, causing you to suffer measurable losses, which may be both economic and noneconomic.
• Direct cause: The physician or OB/GYN’s behavior must be the direct cause of your child’s injuries or disorder.

Ashland Birth Injury Lawyers Offering Aggressive Representation

In the aftermath of a birth injury, seeking justice can help give you closure to a traumatic event. At Wilt Injury Lawyers, we know that a child who experiences a birth injury will need regular medical care, educational services, and emotional support. Treatments and support services can last a lifetime, making it necessary to obtain financial resources to keep up with ongoing costs. To speak with one of our Ashland birth injury lawyers, contact us online or by phone today.