Going To Trial Can Be Risky, But It May Be Necessary To Achieve A Fair Outcome in a Birth Injury Case
Despite many decades of medical advancement, many women and infants are injured during childbirth every year. According to North American Community Hub Statistics, “Approximately three babies in the United States are born with birth injuries every hour, impacting as many as seven out of every 1,000 deliveries according to Medscape.” An estimated 80% of these birth injuries are considered moderate to severe.
When the negligence of a hospital results in a birth injury, parents have the legal option to recover damages through a civil claim. However, hospitals will often do everything in their power to deny responsibility for causing a birth injury. At the end of any legal action, plaintiffs will typically need to make a choice between settling or going to trial. There are pros and cons for each option.
The Pros of Settling a Birth Injury Claim
Choosing to settle a birth injury claim offers a number of benefits, both practical and financial.
- Faster Resolution: Settlements typically conclude much sooner than trials. This can give families access to the funds that they need sooner.
- Reduce Emotional Stress: Settling a claim can reduce the emotional baggage that comes with going to trial. Among other things, it prevents families from having to relive painful experiences.
- Predictable Outcome: A settlement for a birth injury case offers a guaranteed outcome. By contrast, trials can be unpredictable.
- Lower Legal Costs: It is typically far cheaper to settle a legal claim than to take it to trial. Trials will necessitate all kinds of different expenses.
In most cases, settling a birth injury claim will be a very good option.
The Cons of Settling a Birth Injury Claim
Though settlements offer a variety of benefits, there are a few disadvantages as well.
- Lower Compensation: In the majority of cases, insurance companies are typically willing to offer less than a jury might award.
- No Admission of Fault: Settlements will nearly always have clauses stating that a doctor or hospital does not admit any fault for what happened. This can be very upsetting for parents of children who have been seriously harmed.
- Limited Recourse: Settlements offer a permanent resolution to disputes. Once a settlement has been reached and signed, plaintiffs aren’t able to go back and seek additional compensation if new issues arise.
Insurance companies will often push parties to settle quickly. It is virtually never a good idea to do this without first speaking to an attorney.
The Pros of Taking a Birth Injury Claim to Trial
Taking a birth injury claim to trial can offer several distinct advantages.
- Full Accountability: The outcome of a jury trial can hold hospitals and doctors publicly accountable and identify their actions as negligent.
- More Compensation: The outcome of a jury trial can leave victims with more compensation than they would have received from a settlement.
- Raising Awareness: A positive jury outcome can raise awareness about birth injuries and push the medical industry to adopt better practices.
Going to trial can be risky, but it just may pay off in the end.
The Cons of Taking a Birth Injury Claim to Trial
There are some noteworthy potential disadvantages to taking any birth injury claim to trial.
- Time Consuming: It can take a long time for a trial to eventually reach its conclusion. Even then, trial decisions can be appealed.
- Uncertain Outcome: Juries can be unpredictable. It is very possible that a jury will side with the defendant.
- Emotional Toll: Trials can have a tremendous emotional toll on individuals and families. The process of a trial can cause people to relive the traumatizing events over and over again.
It is important to weigh all of the pros and cons of each option when considering whether to settle or take a claim to trial.
Getting Legal Help After a Birth Injury
Birth injuries can leave children with lifelong physical and intellectual disabilities. Treating these injuries can take an enormous physical, financial, and emotional toll on all involved. It is therefore essential that victims of malpractice carefully weigh their legal options with an experienced New York birth injury attorney.
Has your child sustained a birth injury? You may have legal recourse. Our team of highly experienced New York birth injury attorneys is here to help you. We are committed to helping victims get the medical and financial support that they need. In fact, we have recovered over $1 billion for our deserving clients. Whether you have legal questions or need to hire an attorney, we are here for you. You can reach out to us anytime at (516) 908-9792.
