Proving Damages When A Child Sustained Injuries at Birth

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In most cases, the birth of a child occurs without any complications or damaging incidents. Unfortunately though, there are still cases of medical negligence during the labor or delivery process, resulting in avoidable complications.  Such shortcomings in care could result in severe long-term health complications and permanent injury for the child. If a child suffers health complications as a result of improper delivery, a life care planner and vocational expert can be of assistance in calculating the child’s damages.

There are a number of potential injuries children may suffer due to a healthcare worker’s medical negligence during the delivery process.  Birth injuries include:

  • Brain damage
  • Brachial plexus injuries (BPI)/Erbs palsy
  • Perinatal Asphyxia/Cerebral Palsy
  • Facial paralysis
  • Intracranial or subarachnoid hemorrhage
  • Spinal cord injuries
  • Blindness

In the case of such a tragic injury, a life care planner and vocational expert can show evidence that the child will be very limited in employment opportunities and well as their long term medical needs later in life as a result of the medical malpractice or negligence. A vocational expert and life care planner can also show that the child will be restricted to low paying job positions that require a lower education or lessened functional capabilities. The vocational expert can then calculate the child’s damages by comparing his current potential with that of a child and adult who did not sustain injuries at birth.  In addition, a life care planner can detail the cost of the child’s future medical needs in their geographical area.


Edmond Provder, owner of Occupational Assessment Services, Inc. (OAS), has served as a vocational expert on many cases involving young plaintiffs. He has been able to help prove damages in these cases, including a child’s loss of future income in a brain injury case.  He has written one of the definitive articles in assessing the earning capacity of disabled children.   Mr. Provder is a Certified Rehabilitation Counselor and has worked extensive experience documenting the earning capacity, employability and life care plan needs of injured plaintiffs in a variety of circumstances. Contact OAS at 800-292-1919 to discuss how we can help in your case.