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The birth of a child is often celebrated as one of life’s most cherished milestones. However, when medical malpractice leads to a birth injury, it can turn a joyous occasion into a life-altering challenge for families. Birth injuries not only result in physical harm to the child but also have deep emotional and psychological effects on parents and caregivers.
In such cases, families may be entitled to non-economic damages—compensation designed to address the intangible impacts of their ordeal. These damages recognize the profound emotional toll, the loss of normalcy, and the challenges of raising a child with special medical needs. This guide will help you understand the types of non-economic damages available in Florida birth injury lawsuits, how they are calculated, and how to take action.
Non-economic damages are a category of compensation awarded for intangible losses that cannot be easily measured in monetary terms. Unlike economic damages, which cover tangible costs like medical expenses or lost wages, non-economic damages address the emotional, psychological, and lifestyle consequences of an injury.
While economic damages address the financial costs of a birth injury, non-economic damages acknowledge the lasting emotional and psychological scars. This category of compensation helps families recover for the suffering and disruption that no dollar amount can fully heal.
Non-economic damages can vary depending on the specifics of the birth injury and its impact on the family. Below are the most common types:
Pain and Suffering Pain and suffering encompass the physical discomfort endured by the child and the emotional toll on the family. For example:
Emotional Distress Emotional distress refers to the psychological effects experienced by both the parents and the child. Parents may suffer from:
Children may also experience emotional challenges as they grow older, especially if the injury affects their social interactions or academic opportunities.
Loss of Quality of Life When a birth injury limits a family’s ability to enjoy normal activities, this is considered a loss of quality of life. Examples include:
Parental Anguish Compensation Florida law allows parents to claim compensation for their own emotional suffering. This is particularly important when parents must endure the grief of knowing their child’s injury was preventable.
Calculating non-economic damages is inherently more complex than calculating economic damages, as it involves putting a monetary value on subjective experiences like emotional pain and suffering.
In some cases, Florida courts use a multiplier method to calculate non-economic damages. This involves multiplying the total economic damages by a number (usually between 1.5 and 5) based on the severity of the case.
Florida law imposes caps on non-economic damages in certain medical malpractice cases. These caps are designed to limit the total amount of compensation for subjective losses.
What Are Medical Malpractice Caps? Medical malpractice caps are legal restrictions on how much a plaintiff can recover in non-economic damages. These caps vary based on factors such as:
Current Caps in 2024 As of 2024, Florida’s laws still impose caps on non-economic damages in specific situations, although these caps have been challenged in court. Birth injury cases are particularly nuanced, and exceptions may apply based on the unique circumstances of each case.
Filing a birth injury lawsuit can seem overwhelming, but following a structured approach can help ensure the best possible outcome. Here’s what to do:
Pursuing a birth injury lawsuit can be emotionally and logistically challenging. Below are some common obstacles and ways to address them:
What are non-economic damages? Non-economic damages compensate for intangible losses like pain, suffering, emotional distress, and loss of quality of life. These damages address the emotional and psychological toll of a birth injury on the child and their family.
How are non-economic damages determined? Non-economic damages are determined based on the severity of the injury, its long-term impact, and the emotional and psychological toll on the family.
Can parents claim compensation for emotional distress? Yes, Florida law allows parents to claim compensation for the emotional pain and suffering they experience as a result of their child’s birth injury.
Are there caps on non-economic damages in Florida? Yes, Florida imposes caps on certain non-economic damages, but exceptions may apply depending on the specifics of the case.
How do I file a claim for non-economic damages? To file a claim, consult a medical malpractice attorney, gather evidence such as medical records and psychological evaluations, and file a formal complaint. Your lawyer will guide you through negotiations or trial if necessary.
If your family is grappling with the aftermath of a birth injury, you don’t have to face this battle alone. Non-economic damages can provide much-needed support, but navigating Florida’s complex legal system requires expert guidance.
Contact Rafferty Domnick Cunningham & Yaffa today to discuss your options. They can help you gather evidence, file your claim, and fight for the compensation your family deserves. Justice for your child and your family starts with taking the first step—reach out to a trusted attorney now.
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