A Guide To Medical Malpractice Claims
In this article, you will learn…
- What can result from a medical malpractice case.
- Why medical malpractice cases have high stakes for families.
- What the cap is for settlements.
Can You Sue A Hospital For A Birth Injury In Washington?
One medical malpractice case that went to trial involved a birth injury, which occurs when a baby is injured during the birthing process.
I remember holding her when she was about two years old. She was essentially in a vegetative state because of the profound brain injury she suffered due to lack of oxygen. She had a condition in her brain called “storming.”
The condition caused her to have an experience as if her body was constantly in an adrenaline rush from being so terrified that it would make her sweat, stiffen up, and cause her arm to shoot out. Nothing could really be done other than her mom trying to cuddle her and soothe her until it would pass. It was hard to watch, and awful for their entire family and baby to endure. Fortunately, we were able to get enough money for her care.
I have an eighteen-month-old who is trucking all over the house and getting into everything; he’s always finding trouble. It makes me reflect on this family who would never get to have those experiences with their little girl.
I remember the dad in this case saying that she was the perfect baby; she never made a sound, she didn't cry, and she was so easy. Then she never made a sound, and she didn't cry. She would never make a sound, and she never cried. Tragically, she has since passed away, but I will never forget that case, and I will never forget holding her.
Can Hospitals Be Held Liable For Birth Injuries In Washington?
Birth injuries, which refer to injuries sustained by a newborn during the birthing process, can have life-altering consequences for both the child and their families. These injuries can arise from various factors, including medical negligence.
Consider a case where a young child, at the tender age of two, lived in a vegetative state due to a severe brain injury. This injury, caused by a lack of oxygen during birth, led to a condition in the child's brain termed "storming". The symptoms manifested in a way that seemed like the child was in a perpetual state of extreme distress. Episodes where the child's arm would shoot out involuntarily, her body would stiffen, and she'd break into a sweat were common. The only solace during such moments was the comforting embrace of her mother.
To put this into perspective, most toddlers at eighteen months are exploring their surroundings, playfully discovering new things and, at times, getting into mild trouble. However, for this family, their child's condition meant they missed out on such precious milestones.
The heartbreak was palpable when the father reminisced about how silent their child was, drawing a poignant contrast between the typical silence of a content baby and the permanent silence of a baby with a profound injury. Sadly, the child eventually passed away, leaving an indelible mark on all who knew her story.
Such situations underscore the immense responsibility medical professionals bear during childbirth. Families affected by such tragedies may seek legal recourse to ensure proper care for their child and hold those responsible accountable. It is essential to consult with a knowledgeable attorney who can guide families through the intricacies of medical malpractice cases, helping them find justice and closure.
What Damages Can You Recover In A Medical Malpractice Claim?
When confronting the tragic aftermath of incidents like a birth injury in Washington, understanding the compensation available becomes crucial. Hiring an experienced birth injury lawyer or medical malpractice lawyer can greatly assist in navigating the complexities of such cases. In medical malpractice claims, victims can typically recover both economic and non-economic damages.
Economic damages are tangible costs that can be calculated, such as medical bills, therapy costs, and future medical care. For instance, if a child requires lifelong care due to a birth injury, these expenses would be considered economic damages.
Non-economic damages, on the other hand, are more intangible and relate to pain, suffering, loss of enjoyment of life, and emotional distress. For a family enduring the effects of a birth injury in Washington, this could mean compensation for the emotional and psychological pain of watching their child suffer.
It's important to note that each case is unique, and the extent of compensation varies. Consulting with a seasoned medical malpractice lawyer will provide clarity on what damages can be pursued in your specific situation.
Is There A Cap On Medical Malpractice Settlements In Washington?
There's no cap in Washington; it all comes down to the merits of the case.
With the guidance of a skilled attorney for Medical Malpractice Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.