Average Birth Injury Settlements Amounts in Washington

Birth injuries often necessitate long-term medical care and significant lifestyle adjustments. Understanding the financial implications of these unfortunate events is crucial for families considering legal action.

This article delves into the average settlement amounts for birth injury cases in Washington, offering insight into what families might expect as they navigate this challenging legal landscape.

What Is a Birth Injury Settlement?

A birth injury settlement is a financial agreement reached between the family of a child who suffered a birth injury and the healthcare providers or hospital deemed responsible for the injury.

This settlement typically happens out of court and aims to provide compensation for the following:

• Medical expenses: Both current and anticipated medical expenses related to the birth injury, including surgeries, therapies, medications, and specialized equipment.
• Long-term care: Costs associated with providing ongoing care for the child if the birth injury results in a permanent disability.
• Lost wages: If parents need to take time off work or reduce work hours to care for their child, the settlement may cover lost income.
• Pain and suffering: Compensation for the physical and emotional pain caused to both the child and the family.

The settlement may include other expenses related to the child's care, such as home modifications or specialized transportation.

Who Qualifies for Birth Injury Compensation?

Generally, families may qualify for birth injury compensation if they can prove the healthcare provider (doctor, nurse, midwife, hospital, etc.) failed to provide the accepted standard of care during pregnancy, labor, delivery, or immediate post-birth care.

This can include:

• Misdiagnosis of conditions during pregnancy
• Errors in medication administration
• Failure to monitor the baby or mother
• Improper use of delivery tools (forceps, vacuum extraction)
• Delay in performing a necessary C-section

Families must also prove that the healthcare provider's negligence directly caused a birth injury to the child.

Examples of common birth injuries include:

• Cerebral palsy
• Brain damage due to oxygen deprivation (hypoxia)
• Brachial plexus injuries (Erb's palsy, Klumpke's palsy)
• Fractures
• Shoulder dystocia

Lastly, the birth injury must have resulted in substantial costs, both current and anticipated, in order to qualify for compensation. These damages could include medical expenses, long-term care costs, lost wages, and pain and suffering.

Average Birth Injury Lawsuit Settlements

The average birth injury settlements can vary widely, influenced by the specific circumstances and severity of each case. Settlements in birth injury cases typically range from moderate sums for less severe injuries to multimillion-dollar amounts for severe cases involving lifelong disability.

Settlements might range from $100,000 to $500,000 for a mild to moderate injury, depending on its impact on the child's life. In cases involving severe disabilities like cerebral palsy or brain damage, settlements can range from $1 million to over $10 million. These higher amounts are due to the significant lifelong care costs and the profound impact on quality of life.

Birth injury claims often end in higher settlements than other personal injury claims involving children, but they also tend to be more expensive to defend. Below is a detailed overview of the average settlement figures from malpractice claims involving children based on data provided by The Doctors:

It’s important to remember that many personal injury lawyers, including those at Lehmbecker Law, work on a contingency fee basis. Any money you pay your lawyer will come out of your settlement.

With money out of the way, focus on finding a compassionate and experienced birth injury lawyer to advocate for the maximum compensation your child deserves.

Why Do Birth Injury Lawsuits Have Such a High Value?

Birth injury lawsuits frequently result in significantly larger settlements or verdicts compared to other types of medical malpractice cases.

Here's why:

Severity of Injuries

Birth injuries can be devastating, often resulting in lifelong disabilities like cerebral palsy, brain damage, or paralysis. These injuries have a profound impact on a child's life, requiring extensive and ongoing medical care.

Lifelong Costs

Children with birth injuries may require a lifetime of medical treatment, therapies (physical, occupational, speech), assistive equipment, home modifications, and potentially in-home care. These costs can easily reach millions of dollars over the course of a child's life.

Lost Earning Potential

Severe birth injuries can significantly limit a child's ability to earn an income in the future, leading to substantial losses in potential wages.

Emotional Impact

Beyond the financial costs, birth injuries cause immense pain and suffering for both the child and the family. Emotional distress, loss of enjoyment of life, and the challenges of caring for a child with disabilities all contribute to the high value of these cases.

Non-Economic Damage Caps

Many states have caps on non-economic damages in medical malpractice cases. However, these caps often do not apply to economic damages, which can be exceptionally high in birth injury cases.

The Need for Expert Testimony

Birth injury cases are complex, requiring medical experts to explain the nature of the injury, how the negligence caused it, and the long-term consequences for the child. The costs of these professionals can be significant.

Factors that Affect Birth Injury Lawsuit Settlements

While there's no guaranteed number for birth injury settlements, certain factors significantly influence the compensation a family might receive:

• Severity of the Injury: The more severe and long-lasting the child's birth injury, the higher the potential settlement.
• Lifetime сosts: Settlements must account for the full range of costs associated with the birth injury.
• Degree of negligence: A clear demonstration of negligence or significant deviations from the standard of care strengthens your case and increases the settlement potential.
• State laws: Some states may have caps on non-economic damages (pain and suffering), while others have no such limitations.
• Insurance coverage: The size and type of insurance policies held by the liable healthcare providers or hospitals can influence settlement amounts.

Regardless of the factors at work in your situation, remember that a strong case relies on compelling medical records, expert witness testimony, and clear documentation linking the injury to medical negligence.

How to File a Birth Injury Lawsuit

If you suspect your child's birth injury was caused by medical negligence, it's vital to understand the legal process.

Here's a step-by-step guide:

• Seek experienced legal counsel: Find a birth injury attorney with a proven track record and schedule a consultation.
• Gather evidence: Your attorney will help you collect crucial evidence, including medical records, witness statements, and expert opinions.
• Identify the liable parties: Your attorney will help determine who can be held responsible, including doctors, nurses, hospitals, and other healthcare facilities.
• Filing the lawsuit: Your attorney will prepare and file a formal lawsuit in the appropriate court, outlining the allegations of negligence and damages incurred.
• Settlement negotiations: In most cases, parties attempt to reach an out-of-court settlement through negotiations, which your attorney will handle on your behalf.
• Trial: If a settlement can't be reached, the case goes to trial, where a judge or jury will hear the evidence and determine liability and damages.

You should not have to bear the financial cost of an injury caused by someone else. Working with a lawyer can help you pursue the damages your family needs to give your child the best care.

Washington Statute of Limitations for Birth Injury Lawsuits

The statute of limitations for filing a birth injury lawsuit is particularly important for families considering legal action. Most medical malpractice claims must be filed within three years of the date the negligent act occurred. However, certain exceptions may apply to personal injury claims involving birth injuries.

Discovery Rule

If the injury was not immediately apparent, the statute of limitations clock might start ticking from the date the injury was discovered or reasonably should have been discovered. This is crucial in birth injury cases where the effects may not manifest fully for some time.

Claims Against the State

If your birth injury claim is against a government-run hospital or facility, there are different procedures to follow and potentially shorter deadlines to file.

Secure the Future Your Child Deserves

Pursuing a birth injury claim is about more than just compensation; it's about giving your child the best chance at a full and fulfilling life despite the challenges they may face. While the process can feel long and complex, having the right legal team by your side makes all the difference.

If you believe that medical negligence caused your child's birth injury, don't wait. Contact the experienced birth injury lawyers at Lehmbecker Law today for a free consultation and start fighting for the future your child deserves.