If the hospital or hospital employees are found to be medically negligent and liable for the patients injuries, the court may award the plaintiff damages. Generally, the parents are awarded damages for their child’s injuries and that monetary compensation will be placed in a trust to benefit the child. Damages may be received for pain and suffering, future costs of medical treatment, mental or physical disability, loss of future income, loss of quality of life or other losses depending on the circumstances surrounding the injury. The amount of damages will also depend on the circumstances, the extent of the injuries suffered and the laws in your jurisdiction.
The parents of an injured child may be awarded damages for their own losses, such as negligent infliction of emotional distress, loss of companionship, medical costs incurred and/or wrongful death of their child. If you believe your child has suffered birth injuries due to negligence care, it’s important to speak to an attorney to discuss your circumstances and help you determine what legal options may be the most appropriate for you and your child.