The average settlement for a newborn brain hemorrhage lawsuit is not publicly available information. Settlement figures may remain undisclosed. Determining what the average settlement for any class of lawsuit is may be difficult—or even impossible.
This fact is of no consequence to your lawsuit. Average settlement figures do not affect the amount of compensation that you and your child deserve. A lawyer will base their settlement target on your losses, not the losses that existed in other plaintiffs’ brain hemorrhage lawsuits.
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Your Lawyer Will Calculate the Value of Your Losses and No One Else’s
Your legal team concerns itself with your losses, not the losses of any other plaintiffs. The target that your attorney sets for your settlement will depend on:
- Your losses
- Your child’s losses
It does not matter what the average settlement for a newborn brain hemorrhage lawsuit is. Prior cases do not influence your losses and your child’s losses; therefore, they will not affect the target settlement that your lawyer seeks.
To calculate your losses, your lawyer will:
- Review the cost of medical care you and your child have required.
- Use the per diem or multiplier method to calculate the pain and suffering you and your child have experienced.
- Determine the value of future caregiving and medical costs for your child.
- Assign a monetary value to all other losses that stem from your child’s birth injury.
Besides determining how much your losses are worth, your lawyer will assign liability for those losses.
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Your Lawyer Will Determine Fault for Your Child’s Hemorrhage
One or more failures may result in a newborn brain hemorrhage. These failures may generally be the fault of a medical professional.
Here are some possible causes of your child’s brain bleed:
- The administration of drugs to the mother, which the journal Neurology of the Newborn explains, can cause a hemorrhage.
- An injury caused by the delivering doctor’s use of forceps, a risk highlighted by the Journal of Reproductive Medicine.
- A doctor’s lack of thoroughness during your prenatal care.
- A doctor’s lack of preparedness during your child’s delivery.
A medical professional may have failed to adequately address risk factors that could lead to a hemorrhage. Premature birth and difficult deliveries could both put a child at high risk of brain bleeding. To account for these risk factors, a doctor may have:
- Prepared to order an emergency C-section delivery.
- Explained to their medical team that your child was at risk of birth injury.
- Taken medically accepted precautions to prevent your child from suffering a hemorrhage.
Medical professionals owe mothers and their newborns a duty of care. If a medical professional failed to protect you or your child from preventable trauma, you could hold them liable for your losses.
Medical Facilities May Also Be Liable for Medical Errors
Medical facilities like hospitals could also face liability for the harm that comes to patients. The medical facility where you gave birth or received your prenatal care could be named as a defendant in your lawsuit.
Your lawyer will determine whether medical facility leaders were negligent. You could hold them or the facility liable if:
- The doctor who caused your child’s injury had a history of malpractice.
- The medical facility did not have adequate resources on-hand to prevent your child’s injury.
- The medical facility staff contributed in any way to your child’s injury.
A medical facility might have vicarious liability for malpractice even if its leadership was not negligent. As such, a hospital or other facility could owe you compensation.
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Hiring a Lawyer from Our Firm Allows You to Focus on Your Child
If your child’s bleeding was not fatal, they might now face many challenges related to their health. If your child passed away because of their injury, you might be working through the emotional pain of losing your newborn.
In either case, having a lawyer on your side permits you to seek compensation without having to take your focus off your child’s trauma. You can focus on your recovery and your child’s health while your lawyer pursues justice.
Your lawyer will:
- Defend your rights.
- Collect evidence.
- Document your losses.
- Negotiate a settlement.
- Try your case in court, if necessary.
Your lawyer will fight to obtain a financial recovery for you and your child. A settlement could cover your medical costs, pain and suffering, and other injury-related damages.
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Call the Birth Injury Lawyers Group Today
You do not have to handle your case for justice after a birth injury alone. Your lawyer can represent you and provide guidance throughout your case. For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
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