Receiving Compensation for Military Birth Injury
Updated: May 8, 2020
Patient care should be a priority for any healthcare facility. A military medical center, hospital or clinic should be especially attentive to their patients, given the sacrifices the patients and their families have made for the United States. Often, however, patient care in military hospitals is substandard and medical negligence results. This is especially tragic when that negligence or malpractice leads to a birth injury.
A birth injury can last a lifetime
If a child survives the negligent care of a military medical professional, the costs of immediate treatment and the care going forward can be astronomical. A knowledgeable California medical malpractice lawyer can help determine the scope of your financial damages and seek appropriate compensation.
Types of compensation for a military birth injury case
The potential costs of caring for child with birth injury include both economic and non-economic damages. The economic damages are the definite, calculable financial costs that result from the injury, including:
Financial losses from medical expenses
Cost of future health care
Rehabilitation and physical therapy costs
Accommodations such as wheel chairs and home modifications
Special education costs
Assistive care and treatment
Lost earnings of a child
Additional costs that can result from a lifelong injury or condition include the following:
Pain and suffering
Loss of quality of life
Obtaining compensation and holding military medical professionals accountable
Whereas a civilian would file a lawsuit with any civil court, those injured on medical facilities on military bases or otherwise by military medical professionals must file an administrative claim under the Federal Tort Claims Act. To qualify, claimants must not currently be on active duty with the military. The claim itself must meet the following criteria:
The patient was injured by a federal government employee
That employee was acting within the scope of his or her official duties
The employee acted negligently or wrongfully
Those negligent actions caused the injury
A skilled attorney will work with you to find the documentation required to satisfy these criteria and file a claim to recover any and all birth injury compensation you may need to care for your child throughout his or her life.
Begin recovering from your family’s birth injury today
If your child suffered a birth injury due to medical negligence or malpractice, the Bertling Law Group can help you obtain financial compensation. Located in Santa Barbara, we represent clients throughout California and nationwide. Contact us online or call 844-295-7558 to schedule your free initial consultation today.