Birth Injury Non-Economic Damages

Birth injury legal cases generally involve both economic and non-economic damages. Economic damages are those costs and losses caused by a provable medical malpractice birth injury that span from the onset of the injury to the future. They include specific dollar-amount expenditures, such as medical expenses. But there are also birth injury non-economic damages.

So what are “non-economic damages”? They are damages that are harder to put a finger on in terms of monetary value, as they do not have standard prices associated with them. The American College of Surgeons aptly defines them as compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.¹ Note that each of these involves effects on mental health. Birth injury non-economic damages are those specifically related to provable birth injury medical malpractice negligence cases.

Birth injury non-economic damages may be applicable in cases of maternal birth injury, infant birth injury, or both simultaneously. For example, for mothers (or surrogates), the long-term effects of nerve damage, a uterine rupture, or pelvic floor damage can be physically, emotionally, and financially devastating. For infants, brachial plexus injuries (Erb’s Palsy) and other injuries can create physical and emotional issues and limitations that last a lifetime and may require multiple surgeries.² Hiring an attorney or legal team that specializes in maximizing the amount of birth injury non-economic damages a victim receives is an important step—one that should be taken as soon as possible to help ensure sufficient time for case development within the statutes of limitations. 

Noted attorney Richard “Bo” Sharp, Esq. and Mallard & Sharp, P.A.’s goal is to obtain justice for  victims and families of medical malpractice negligence birth injuries. Mallard & Sharp, P.A. is dedicated to providing all clients with the path to justice and financial recovery. The record-breaking firm continually handles cases that involve infant or maternal birth injuries, medical malpractice, and negligent security, as well as any other acts of provable negligence that have caused catastrophic injuries or wrongful death to individuals.

For additional information, or to inquire about expert legal representation for a potential medical malpractice negligence birth injury lawsuit case, contact Mallard & Sharp, P.A. at 305-461-4800.

¹ https://www.facs.org/advocacy/federal-legislation/liability/guide-to-liability-reform/ending-the-confusion/

² https://www.ninds.nih.gov/health-information/disorders/brachial-plexus-injury