What Are The Categories of Compensation You Can Obtain In A Medical Malpractice Case Involving Negligence At The Time of Birth?


When your child suffers from a birth injury, you and your family may suffer immense emotional and financial burdens. Filing a lawsuit against the medical team and establishment responsible for the injury can help you recover financially. Your birth injury lawyer in Philadelphia will fight to get you the highest compensation to help you regain your financial footing.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. Read on for the list of categories of compensation that your Philadelphia birth injury attorney can win for you:

Categories of Compensation


Future earnings.

If your child’s birth injury will likely prevent your child from working in any meaningful and gainful employment for his/her entire life and therefore you may be able to collect compensation for the future earnings that your child can no longer earn.

Medical expenses.

This category of compensation is related to all of the bills from the hospital, doctors, physical therapist, pharmacy, and any other healthcare service or provider in the time leading up to, during, and after your child’s birth injury.

Burial/Funeral costs.

If your child’s birth injury led to their death, burial and funeral costs may be compensated.



Loss of companionship, comfort, and society.

Sometimes referred to as “loss of consortium,” this describes the loss of the benefits of having someone in your life. For a parent of a child who suffered a birth injury, this may include the loss of the opportunity to witness certain milestones like walking, talking, riding a bike, and playing sports. Or the loss of emotional connection through words or hugs or facial expressions.

Loss of life’s pleasures.

Also referred to as “loss of enjoyment of life” or “loss of quality of life,” this category refers to the loss of typical experiences an able-bodied person may enjoy. Perhaps it’s tasting ice cream on a hot summer day or riding a scooter to the neighborhood playground or baking cookies with a grandparent.

Pain and suffering.

This category refers to the physical and emotional pain and suffering that someone undergoes as the result of the birth injury. Some pain is obvious because it’s accompanied by moans, groans, and/or winces; other pain is invisible because it’s experienced internally, but it is no less significant.


In some birth injury cases, a child is left immobilized or physically disabled and that can result in feelings of embarrassment.


If your child suffers from disfigurement as the result of their birth injury, they can be compensated. Disfigurement could be the loss of a limb, scarring, misshapen body parts, etc.

It goes without saying that no amount of money will take away the pain a child and their family feels after a birth injury. But, with the right birth injury attorney in Philadelphia, you can at least rest assured that you will get the most compensation possible for your case.

If you believe your child has suffered a birth injury, contact VSCP LAW at www.vscplaw.com.

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