Today I want to discuss working with limits in birth injury cases. To put the issue another way, how do caps and other legal limits impact birth injury claims? The reason for this article, and supporting video is because I recently did a talk in which I explained how caps, or legal limits can impact medical malpractice cases, especially in my state of Maryland.
At the conclusion of this article, you will understand how non-economic damages, or pain and suffering damages play a secondary role in many birth injury cases. As with any issue that is based on legal specifics, speak with your attorney about the facts and issues associated with your matter. This is because the information that I am discussing today is general in nature.
The Two Types Of Damages For Our Discussion…
Before talking about working with limits in birth injury cases, I need to define and differentiate the damages discussed. When thinking about damages, remember in our context they are the harm that has been done. With that said, the first type of damages I want to discuss are the type that you have probably heard on TV or on social media, and that is pain and suffering, or non-economic damages. In some jurisdictions (Maryland is one of them), the law places a cap or a limit on non-economic damages. What his means is that there is only so much money that can be recovered when you make a claim for non-economic damages.
On the other hand, economic damages are damages like lost wages, past and future medical bills. These types of damages can be readily calculated and figured. In a state like Maryland, in the context of medical malpractice cases, economic damages are not capped, or limited. This is an important distinction between the two types of damages.
Working With Limits In Birth Injury Cases
So, how does this all tie into working with limits in birth injury cases? One of the main areas of help for babies who have suffered a birth injury, especially the injury HIE, or hypoxic ischemic encephalopathy, is future care. What I mean is that for these children they will need help well into the future and for the remainder of their lives in many instances.
Because this is the case, the bulk of an HIE baby’s claims will surround economic, or readily calculatable damages. As to the question of working with limits in birth injury cases, this is one way this can be done.
To speak with me further regarding your baby’s HIE diagnosis I invite you to pick up the phone and call me. My contact information is located below, and I would be happy to listen to your baby’s story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
