Compensation for Oregon Birth Injury Cases: Portland Birth Injury Lawyers

Portland Birth Injury Lawyers Explain What Compensation for Oregon Birth Injury Cases Families and Victims May be Entitled to


Birth injuries are some of the worst types of personal injuries.  Unfortunately, many birth injury cases are due to preventable medical errors.  This generally means most birth injuries are due to the Oregon medical malpractice of a healthcare provider such as a nurse, doctor, hospital, or other practice group or professional.  There are a wide-range of birth injuries, including catastrophic birth injuries such as cerebral palsy, devastating birth injuries such as brachial plexus injuries, or still serious birth injuries such as broken bones or lacerations.  One of the most important parts of a birth injury lawsuit is obtaining compensation to help pay for the damage done to the victim.  Our Portland birth injury lawyers explain what compensation a victim and his or her family may be entitled to in an Oregon birth injury case.


What are Damages in Oregon Birth Injury Cases?


Damages are the measure of relief that a party may be entitled to in a lawsuit.  Under Oregon law, must personal injury victims receive damages in the form of money.  This includes birth injury victims.  This is because monetary compensation is generally what is provided for victims who have suffered an injury, since you cannot “take back” an action that harmed someone or “give” something like an item under a contract.


What are Common Damages in Oregon Medical Malpractice Cases?


Since “damages” is the broad term used to label the relief a party may obtain, there are many different types of compensation that could be awarded.  This includes for both the victim (the newborn) and for the parents.  Some of the most common damages in Oregon birth injury cases due to Oregon medical malpractice include the following:


  • Pain and suffering;
  • Physical therapy;
  • Occupational therapy;
  • Home accommodations and equipment;
  • Medical bills;
  • Emotional harm and loss of services to parents (inconvenience to parents for harm); and
  • Other related costs.


In wrongful death actions, the parties may also be entitled to burial costs, funeral expenses, and emotional damages due to the loss of a newborn.


In particularly egregious cases, punitive damages could be awarded against the defendant hospitals and healthcare providers.


Future Damages and Life Care Plans


One of the largest expenses that an individual may be entitled to in a birth injury case is future damages and life care plans.  According to the CDC, children with cerebral palsy may cost over $1 million (2003 figure), or $1.4 million with inflation.  This is why compensation for birth injuries is a very important aspect of their lawsuit.  


Victims that hire a Portland birth injury lawyer will get support from various experts who can formulate a life care plan.  A life care plan looks at the medical needs and assesses the costs that the individual will incurred based on a reasonable degree of medical certainty.  Experts such as an economist, vocational expert, and medical doctor are all used to help determine what costs, expenses, burdens, and abilities the victim may have in the future.  Life care planners are also a unique type of expert which specialize in determining the costs for victims of certain personal injuries.  This includes due to birth injuries like cerebral palsy.

Ask Our Portland Birth Injury Lawyers to Fight for Your Compensation for Birth Injuries in Oregon Medical Malpractice Cases


Compensation is a very important part of a personal injury action, especially for a newborn who has suffered birth injuries.  Ensuring that your loved one’s life is taken care of in the future, including well-after you are gone, is an important task.  If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover. 


Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  


We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  


Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

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    Bend, Oregon: (541) 385-1999
    Portland: (503) 479-3646
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    Bend, OR 97703