You found yourself holding your baby, watching therapists walk in and out, stacking up bills that never seem to stop. Somewhere between the appointments and the sleepless nights, a question crept in that you may have been afraid to ask out loud. The question of will there be enough money to care for a baby with HIE is one that more families face than you might realize, and it deserves a real answer.
Understanding Legal Caps on Damages
Before going further, understand that what follows is general information only. Each state has its own specific rules on these issues, and you would need to review your state’s laws for a complete picture. This is meant to give you a foundational understanding, not legal advice tailored to your situation.
When juries decide a medical malpractice case, they can award a plaintiff a specific dollar amount. However, in many states, caps exist that limit what a plaintiff can actually receive. Even if a jury determines that a family deserves $3 million, a cap could reduce that recovery to a lower fixed amount. The jury’s number does not always equal the final payout.
Economic Damages Versus Non-Economic Damages
Two categories of damages matter here. Economic damages cover measurable financial losses, things like future medical costs, therapies, equipment, and lost earning potential. Non-economic damages cover losses that are harder to quantify, such as pain and suffering. In many states, caps apply specifically to non-economic damages in medical malpractice cases. Economic damages, by contrast, generally face no cap, which is why accurately calculating them becomes so critical.
You can speak with me further regarding your baby’s HIE brain injury at birth or cerebral palsy diagnosis by reaching out to me at my contact information below. Remember, it does not cost you any money initially to speak with me about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
