Norfolk State University
Melissa Fann Should courts allow a projection of an injured baby’s future lost income over the course of an entire lifetime? Should the same damages rule apply in the wrongful death of a newborn?
Medical malpractice is defined as negligent acts of medical professionals that cause injury to patients as they are receiving medical care. Birth injuries are one of the most common types of medical malpractice.Birth injuries can be life altering. As a consequence of medical malpractice, an injured child may have a lifetime of suffering, a lifetime of costly medical treatment, and a lifetime of financial hardship. Therefore, courts should allow a projection of an injured baby’s lost income over the course of an entire lifetime.The same damages rule should apply in the wrongful death of a newborn. Most medical professionals provide adequate care for their patients. However, there are times when medical professionals fail to adhere to proper or accepted standards of medical care. If in these instances the medical professional breach their duty of care and, an injury is caused by the breach resulting in damages, the medical professional may be held liable of medical malpractice. The Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE 2002) allows plaintiffs in birth injury lawsuits to recover economic and non economic damages. A child who suffered a birth related injury may be entitled to damages for current and future medical expenses, loss of lifetime earning capacity, pain and suffering, and loss of life’s pleasure. Correspondingly, a mother who suffered a birth related injury may be entitled to damages for current and future medical expenses, loss of wages, pain and suffering, physical, emotional, and psychological injuries, and loss of life’s pleasure. Economic damages are awarded for medical expenses and non economic damages are awarded for pain and suffering. In rare cases, punitive damages are awarded to punish the breaching party and to prevent others from acting in the same manner. Punitive damages may be awarded if the health care professional’s conduct was malicious. The MCARE Act of 2002 affirms, when assessing punitive damages, the trier of fact can consider the character of the health care provider’s act, the nature and extent of the harm to the patient that the health care provider caused or intended to cause, and the wealth of the health care provider. Additionally, the MCARE Act of 2002 outlines as a general rule in regard to payment of damages,the trier of fact shall make determination with separate findings for each claimant specifying the amount of
Pennsylvania rule 2202 states in general, only a personal representative of the decedent may file a claim on behalf of individuals entitled to receive compensation from the loss of a loved one. A personal representative may be assigned by the family or appointed by the court. Generally, with wrongful death actions and survival actions compensation includes loss of wages, companionship, medical bills and funeral expenses. In addition, Pennsylvania law allows survivors to pursue damages for emotional and spiritual loss. The Federal Born Alive Infant Protection Act of 2002 amends the definition of person, child, and individual to include fetus. The fetus from the time of conception becomes a separate organism and remains so throughout his life. Kelly v Gregory In the beginning stages of the lifespan of a fetus, it is cared for in utero, at birth, and early life by the mother. Offspring usually return the favor and become the caregiver at the end of the parents lifespan. Birth injuries and wrongful death of newborns alter the lifespan quality of mother and fetus. Because health care providers owe a duty of care and breached the duty of care culminating in birth injuries and wrongful death of newborns, damages should be awarded, including awards for loss of future income. Courts should award a projection of income over the course of the entire lifetime of an injured child. Although an injured infant’s income is speculative, it is a necessity. Since birth injuries and wrongful death of newborns cause a loss of earnings and capacity to earn, just compensation must be granted. Mother and injured child must be restored back in the position they would have had if the incident had not occurred, as far as money will allow. An injured child, even a still born child is an individual. If a child sustained a tortious injury at any period of his prenatal life and can prove the effect of the tort on him, the child has a right to recover. Kelly v Gregory Survival and wrongful death actions on behalf of a stillborn injured en ventre sa mere should be permissible because medical technological advances may identify with precision, the cause and time in which a viable fetus suffered an injury that caused the fetus to be stillborn. Pennsylvania courts have limited survival and wrongful death actions to children born alive.Some courts have not acknowledged that stillborn children are individuals.A child en ventre sa mere is an individual at the moment of conception, with the right to be free of prenatal injury.
Sinkler v Kneale Because a stillborn child who suffered prenatal injuries is an individual, the parents of that individual should file wrongful death and or survival actions to seek economic and non economic damages for loss of love and affection, loss of care they would have received from the child at the end of their lifespan and a projection of lost income over the course of the child’s.
- Medical and other related expenses in a lump sum
- Loss of earnings in a lump sum
- Non economic loss in a lump sum
- Future damages for medical and related expenses by year
- Loss of earnings and earning capacity in a lump sum
Pennsylvania rule 2202 states in general, only a personal representative of the decedent may file a claim on behalf of individuals entitled to receive compensation from the loss of a loved one. A personal representative may be assigned by the family or appointed by the court. Generally, with wrongful death actions and survival actions compensation includes loss of wages, companionship, medical bills and funeral expenses. In addition, Pennsylvania law allows survivors to pursue damages for emotional and spiritual loss. The Federal Born Alive Infant Protection Act of 2002 amends the definition of person, child, and individual to include fetus. The fetus from the time of conception becomes a separate organism and remains so throughout his life. Kelly v Gregory In the beginning stages of the lifespan of a fetus, it is cared for in utero, at birth, and early life by the mother. Offspring usually return the favor and become the caregiver at the end of the parents lifespan. Birth injuries and wrongful death of newborns alter the lifespan quality of mother and fetus. Because health care providers owe a duty of care and breached the duty of care culminating in birth injuries and wrongful death of newborns, damages should be awarded, including awards for loss of future income. Courts should award a projection of income over the course of the entire lifetime of an injured child. Although an injured infant’s income is speculative, it is a necessity. Since birth injuries and wrongful death of newborns cause a loss of earnings and capacity to earn, just compensation must be granted. Mother and injured child must be restored back in the position they would have had if the incident had not occurred, as far as money will allow. An injured child, even a still born child is an individual. If a child sustained a tortious injury at any period of his prenatal life and can prove the effect of the tort on him, the child has a right to recover. Kelly v Gregory Survival and wrongful death actions on behalf of a stillborn injured en ventre sa mere should be permissible because medical technological advances may identify with precision, the cause and time in which a viable fetus suffered an injury that caused the fetus to be stillborn. Pennsylvania courts have limited survival and wrongful death actions to children born alive.Some courts have not acknowledged that stillborn children are individuals.A child en ventre sa mere is an individual at the moment of conception, with the right to be free of prenatal injury.
Sinkler v Kneale Because a stillborn child who suffered prenatal injuries is an individual, the parents of that individual should file wrongful death and or survival actions to seek economic and non economic damages for loss of love and affection, loss of care they would have received from the child at the end of their lifespan and a projection of lost income over the course of the child’s.
