How Much Does a Birth Injury Cost?

For many families, the cost of a birth injury runs between $1-5 million over the course of decades to meet the need for medical intervention, modifications to the home, various forms of therapy, and reduction in earning capacity.  

When you learn that your child has suffered a birth injury such as Erb’s palsy or damage to the brain that can lead to cerebral palsy, you feel the emotional damage right away. The heartbreak is immediate as you start to anticipate the struggles your child will endure just to meet basic milestones other families take for granted. You mourn the loss of dreams and the childhood moments you anticipated, like playing catch in the park or running along the beach.

The emotional cost is enormous. But there will be a tremendous financial cost as well, and that is not as easy to anticipate. The expenses are not obvious. You will need to consult experts to get even a vague idea of how much extra money you will need to help your child maneuver through life with a birth injury.

At Searcy Denney, our Tallahassee birth injury attorneys have helped families calculate these costs and recover compensation to meet the needs as they arise in the future. Here are some of the factors to review as you assess and estimate the costs of a birth injury.

What Costs Do You Need to Consider? 

Parents need to consider both the short-term and long-term costs that result from a birth injury.

A birth injury leads to the need for immediate intervention, which can be quite costly. Then, after a child’s condition has stabilized, there will be ongoing long-term costs over the child’s lifetime. It is helpful to break these expenses out separately.

What are the Costs of Immediate Intervention?

Many of the biggest immediate expenses will be the costs associated with care in the neonatal intensive care unit (NICU). Your child will need emergency surgery and numerous diagnostic tests, many of which will need to be repeated. Specialists will be brought in for consultations, including pediatric surgeons and neurologists.

During this challenging time, parents will usually need to take time off from work. If the child needs to be transported to a different hospital, there will be additional expenses for a neonatal ambulance. The costs can quickly escalate to hundreds of thousands of dollars.

What costs Should we Anticipate over the Child’s Lifetime?

On a separate list, you need to start figuring out the expenses for additional services, interventions, and other needs throughout the child’s lifetime. Some factors to consider include:

• Medical equipment such as mobility aids and positioning devices. An adaptable power chair, for instance, can easily cost $30,000 or more
• Additional surgery or hospital stays
• Medications
• Adaptive and communication technology such as special switches, tablets with speech-generating apps, and equipment with eye-gaze technology
• Specialized therapies including physical, speech, and occupational therapy on a regular, ongoing basis
• Regular visits with medical specialists which may require travel
• Modifications to the home such as installing an elevator
• Adaptive vehicles
• Custom braces and other orthotics
• Specialized education and support programs
• Caregivers and residential care programs

In addition, when birth injuries are likely to interfere with the ability to work in the future, it will be necessary to have resources to cover living expenses as well as additional needs that may arise over the years.

How Do You Anticipate the Needs for Your Child’s Future?

Many families of children suffering from birth injuries work with an attorney to develop a life care plan that helps them anticipate the needs the child will experience over the years. The attorney consults with medical and financial experts to project the child’s specific needs starting with immediate concerns and continuing through adult life.

The team starts with the child’s prognosis and projects anticipated needs and the extent of those needs, examining the short- and long-term factors listed above as well as other relevant factors tailored to the specific circumstances. While it is not possible to anticipate an exact figure, an experienced team can arrive at an estimated range of future costs based on the life care plan.

FAQs About the Cost of Birth Injuries

What are indirect costs associated with a birth injury?

The family will incur numerous additional costs as they cope with the child’s birth injuries, and these costs extend beyond the expenses that are directly associated with the child’s need. For instance, parents frequently need to take time from work to deal with medical issues and provide special care for the child. This can substantially reduce family income.

What noneconomic damages can be recovered for a birth injury?

Damages are often provided to make up for the child’s pain and suffering, emotional anguish, and decreased quality of life. Unlike some states, Florida does not set limits on the amount that can be recovered for these noneconomic losses in medical malpractice cases. While the physical suffering and emotional distress caused by a birth injury cannot be relieved with money, obtaining compensation for these losses provides a sense of justice and helps families heal and move forward.

Will we get compensation through the NICA program?

The answer depends on whether the healthcare provider participates in the Neurological Injury Compensation Association (NICA) program and whether the injuries meet the eligibility threshold.

When an injury qualifies for benefits through the NICA program, the family may receive some cash resources and the promise of future medical care and therapy. There is no compensation for pain or other noneconomic losses, and the benefits provided through the program may not be adequate to the needs of the child or the family.

Do we need a lawyer if the hospital has already offered a settlement?

It is extremely important to get advice from a Tallahassee birth injury attorney before accepting a settlement. The money is not being offered to help the family but to limit the hospital’s legal liability. The hospital’s insurance company is hoping the family will accept minimal compensation before they have time to learn the value of their medical malpractice claim. The initial offer is likely to be far too low to meet the needs of the child and family going forward.

Searcy Denney Tallahassee Knows How to Hold Medical Providers Accountable for Birth Injuries

When the experienced birth injury lawyers at Searcy Denney Tallahassee demonstrate that they have the evidence and arguments necessary to win a malpractice lawsuit, then the insurance company will finally be willing to look at the full costs of the birth injury and offer an amount appropriate to meet the needs and cover the intangible losses. To find out more about how the process would work in your situation, contact our team today for a free consultation.