Hiring a Birth Injury Lawyer for Birth Injuries
A child experienced a massive lack of oxygen due to a serious delay in the emergency response, which lasted at least 29 minutes, causing severe brain damage, causing both mental and physical disabilities.
The preliminary court, the regional court Bielefeld, had considered only a compensation of 190.000,00 € appropriate. The Higher Regional Court of Hamm reasoned its significantly higher compensation for pain and suffering with the serious damage suffered by the plaintiff as a result of the lack of oxygen.
Amnesty allowances for birth defects
However, the compensation paid by OLG Hamm is not among the highest in Germany. Especially in the last 10 to 15 years, the amounts of compensation for birth defects have increased significantly. For severely damaged children, compensation for pain in the range of € 500,000.00 is often paid or paid in out-of-court negotiations. My colleague, lawyer Malte Oehlschläger, specialist lawyer for medical law, has won € 700,000 in 2014, one of the highest sums in compensation towards pain that were paid in Germany for a birth defect.
The amount of compensation paid depends on the individual case. A comparison of compensation decisions is therefore only roughly possible and cannot replace the individual consideration of the specific facts.
Further damages usually exceed the compensation
Regrettably, in the media is often reported on the high compensation for birth defects, but not on the much more important issue that the child is also entitled to high damages in the field of so-called material damage.
The sums of compensation (immaterial damages) are, however, usually the lowest part of the total compensation compared to the so-called material damages for birth defects. On the other hand, the so-called increased needs (for example, home care for family members, home or inpatient nursing, replacement of aids, remodeling of the flat/motor vehicle, costs for domestic help and additional requirements for food, clothing, heating and water) are much more important. In addition, the child’s claims for the replacement of medical treatment and drug costs, unless they are borne by the health insurance, in addition, travel and attendance costs, loss of earnings and, where appropriate, the replacement of budgetary damage, etc.
In asserting the claims to which the child is entitled, therefore, attention must not be directed only to the achievement of a high compensation for pain. It is much more important to make an exact determination of the child’s further material damage claims, and a birth injury lawyer can be of help in this case.
Fast Legal Help
If there is a first suspicion that mistakes could have occurred at birth, legal assistance should be sought as early as possible. There is a three-year limitation period, which requires claims to be asserted in time. The start of the period is not necessarily in the year in which the treatment error took place, is much more important when the parents had knowledge or a possible acknowledgment of a faulty treatment.
Not only in the case of birth defects, but in these cases in particular, it is important to create early a memory protocol, a kind of diary to keep track of the necessary care services of the child book and also to create a list of all treatment providers and treatments.
These preparations are very useful in enforcing the child’s claims. Ultimately, it is about securing the future of the child and relieving the most financially very heavily burdened parents.