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Calculating damages after a doctor causes a birth injury

Pittsburgh parents love their children no matter what. At the same time, it can be heartbreaking when a child is born profoundly disabled. Every parent has dreams of their children growing up to be independent, successful adults, but a baby who suffers a birth injury before or during delivery may never be able to fulfill these hopes.

Some disabilities are unavoidable, such as those caused by a genetic issue. But sometimes, the doctor or other health care provider makes a mistake, and the baby’s life -- indeed, the whole family’s life -- is changed forever.

A malpractice suit can be especially anguishing for everyone involved, because the victim usually is a very young child living with a serious disability. The purpose of the suit is to determine whether the defendants were negligently responsible for the birth injury, and how much they should have to pay in damages.

Typical damages plaintiffs seek in a birth injury case include the baby’s medical bills, pain and suffering, and loss of future earning capacity. Due to the age of the victim, the latter form of damages may be especially large, if the jury determines that he or she was robbed of a chance at a career by a negligent doctor. The child’s pain and suffering is also considered.

Though a parent or guardian will be suing on the child’s behalf, any damages awarded belong to the child, and usually go toward his or her care. The money may go into a trust for this purpose.

For more information, please contact a personal injury attorney.

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