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by Staff - December 17, 2013


Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.

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