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Birth injury settlements are legally binding agreements entered into by:

• Family members (usually parents) of a child whose injury is alleged to be due to medical malpractice related to his or her birth, and
• The party(s) who would be the defendants in litigation (those responsible for the birth injury — for example, an obstetrician, midwife, anesthesiologist, emergency medical technician (EMT), clinic staff, nurse, hospital and the insurance provider of any of these parties)

Coverage for the Financial Costs

A birth injury settlement may be an appropriate legal outcome that provides fair and adequate compensation for a birth-injured baby and his or her family. The lifetime financial costs of caring for a child with a severe birth injury can be astronomical, with hundreds of thousands of dollars per year in bills for:

• medical care
• therapy and rehabilitation
• residential or custodial care
• healthcare devices and medication
• related travel expenses and out-of-pocket costs

A portion of a birth injury settlement may also be intended to compensate a family for their heartache and anguish following the injury of their infant.

Settlement vs. Litigation

It is often better for a family's lawyers to work out a birth injury settlement if possible than to take the lawsuit to court — i.e., litigation. Birth injury attorneys are skilled as both negotiators and litigators, and they can explain the pros and cons of a negotiated settlement versus a court award.

A settlement can usually be arrived at more quickly than a litigated award, and in most cases, birth injury settlements are less costly than litigation. Perhaps most importantly, the results of litigation are not assured — the injured party may or may not obtain a court award. Once a negotiated birth injury settlement is completed, it's set in place (as a structured settlement with payments to the injured on a schedule, or as a lump sum).

Learn More about Birth Injury Settlements

If your child suffered a birth-related injury such as cerebral palsy or experienced fetal distress or another type of birth trauma, contact us for help today. We provide parents and families of infants injured at birth free case evaluations and do not charge a fee until a settlement or court award is won. Because so much devastation and trauma is associated with birth injuries, we fight aggressively to ensure the responsible parties are held accountable for their actions.

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"Oklahoma County Jail Settlements"

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"Child Suffers from Spastic Quadriplegia and Mild Retardation"

An Ohio woman was awarded more than $22 million for severe and permanent birth injuries sustained by her daughter in 1997.

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