When you enter a hospital as a patient, you have the right to expect competent treatment. If the treatment you receive deviates from the standard of care required, then you may have a case for medical malpractice. Birth injury cases are those that relate to injury or harm to a child caused by medical malpractice during the birth, and birth injury lawyers specialize in addressing these cases.
What Are the Chances of Settling a Birth Injury Case Before Going to Trial?
Failure to keep the mother and child safe during the birthing process is taken very seriously. However, the chances of settling a birth injury case before going to trial will vary, depending on several interlinked factors. While some birth injury cases may settle before reaching trial, others may proceed to litigation and ultimately be decided by a judge or jury.
Strength of the Evidence
The strength of the evidence supporting the plaintiff’s claims and the defendant’s defenses can significantly impact the likelihood of settlement. If the evidence strongly supports the plaintiff’s allegations of medical negligence or malpractice, the defendant (a hospital or individual practitioner) may be more inclined to settle the case ahead of time.
Severity of the Injury
The severity of the birth injury and the long-term consequences for the child and family can influence settlement negotiations. Cases involving injuries with lifelong effects or that will require lifelong medical care, rehabilitation, and support may be more likely to result in higher settlement amounts.
Insurance Coverage
The availability and limits of insurance coverage for the healthcare provider or facility named in the lawsuit can affect settlement negotiations. If the defendant has sufficient insurance coverage to cover potential damages, they may be more willing to negotiate a settlement to avoid the uncertainty and expense of trial.
Costs and Risks of Trial
The costs, time, and risks associated with going to trial can influence settlement decisions. Litigation can be expensive, time-consuming, and emotionally draining for both parties involved. Settlement offers may be made to avoid the uncertainty of trial outcomes and the potential for higher costs and damages awards. Being able to settle things more quickly can also relieve the strain on parents as opposed to a drawn-out trial case which may take a long time to come to court.
Why Birth Injury Lawyers Can Help
When something has gone wrong during a birth, it can be difficult to know what the best way forward is. That is why it is best to get in touch with a lawyer to find out more. Specialists in this field of law have the experience and expertise needed to assess the strength of your case, help you work out what path to take, and fight on your behalf. Whether at the negotiating table or the courtroom, they will work to get you the best possible outcome.
While some birth injury cases are settled before trial, others may proceed to litigation and ultimately be decided by a judge or jury. It’s essential for both plaintiffs and defendants to carefully consider their options, seek legal advice, and evaluate the potential risks and benefits of settlement versus trial before making decisions in birth injury cases.
