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The time when child is supposed to come into the world is the special moment for every parent. But sometimes problems during a child birth may occur that can cause great emotional distress to the parents and baby can be hurt during a delivery. Those injuries may be indefinite, affecting a child’s development for years or till the rest of his life. In these situations, parent will be obligated to pay special care or recovery that was sudden and unexpected. For those parents who don’t have financial means to pay addition care, the only solution would be lawsuit for medical malpractice.
When filing for this type of the lawsuit it would be wise to make difference between birth injury and birth defect. Birth injury is something that happened during a delivery process and doctors and nurses didn’t take right actions to prevent that and they should take full responsibility. On the other hand, birth defect is something that cannot be prevented and in this case, the doctor could have done everything in his power, but the result will have been the same. 7% of the babies in U.S is born with birth defect and they can be from small ones up to very difficult conditions. Birth defects usually form during the pregnancy and they can have various causes. Check Chicago Wrongful death attorney page and search for help.
Examples for wrong care of pregnant women may be when doctor prescribes some aggressive drug that has harmful influence on the baby, or when he misdiagnoses the situation that can occur during a delivery. If gynecologist doesn’t order a test that can prove gestational diabetes, he can be responsible for the injuries that later occurred during a child birth. Or if doctor doesn’t diagnose genital herpes that caused later injuries to the baby. In these and many other cases, mother or father may be in position for file lawsuit for medical malpractice.
Punitive damages are often used to award the person to whom some wrongful conduct has been done and when the compensatory damages aren’t enough to punish that conduct. Punitive damages are there to set up a public example, so that conduct would never occur again, but chances for that are very small, because we live in a highly unjust world. But is there limitation regarding a punitive damage and what are they and how they can be executed?
This is an often asked question and some controversies may occur. When considering compensatory damage, defendant’s financial situation must be reviewed. Feel free to contact Wrongful death attorney west palm beach for more advice. The jury has to analyze the financial state of the defendant and has to set up a suitable amount so that award should be compensated. For those, who have been prove to have larger amounts of money, such as corporate or wealthy defendants, face to have larger punitive damages awards. On the opposite side, those who aren’t so wealthy have smaller punitive damages awards, because it will be harder to stop them in the future to make the similar act.
Many states of U.S. have limited the amount of the punitive damages award. Such as California, in this state the punitive damage award cannot pass the 10% of defendant’s overall finances. The other states have the rule to follow the reasonable bond between punitive damages and compensatory damages. They cannot be larger than two or three times of actual compensatory damage. Maybe you need help from Orange county Medical malpractice lawyer , visit our page and found out more.
The Supreme Court in United Sates has recognized that some punitive damages are four times bigger than the compensatory damages and they are close to be exaggerated, but they are still under constitution. The court has decided that ratio between punitive damages and compensatory damages to be 145:1 and if anything other occurred it would be the violation of Fourteenth Amendment.