Birth injuries can be devastating for families. These are injuries that happen during or shortly after childbirth, often due to medical errors. The consequences can be lifelong, impacting a child’s physical, cognitive, and emotional development.
If you are a resident of Ohio who believes their child’s birth injury was caused by medical negligence, it’s crucial to explore your legal options.
Ohio birth injury attorneys can help you understand your rights and guide you through the legal process. There are two main paths to pursue: settlement and trial. Each has its advantages and drawbacks. Let’s explore both options to help you make an informed decision.
Understanding Birth Injury Cases in Ohio
Ohio law protects the rights of families affected by birth injuries. These injuries can result from various types of medical negligence, such as:
- Failure to monitor fetal heart rate: This can lead to oxygen deprivation and brain damage.
- Errors in C-section timing: Delaying a necessary C-section can cause severe injuries.
- Improper use of forceps or vacuum: When used incorrectly, these tools can cause brain injuries.
- Medication errors: Administering the wrong medication or dosage can harm the baby.
Proving medical malpractice in a birth injury case is complex. It requires establishing that the healthcare provider deviated from the expected standard of care and that this deviation directly caused the child’s injuries. This often involves expert medical testimony.
The Settlement Process
A settlement is an agreement between you and the defendant to resolve your case without going to trial. Settlements involve accepting a specific amount of money in exchange for dropping the lawsuit. They can be beneficial because they can save time, money, and emotional stress.
Negotiations between you and the defendant or their insurance company determine the settlement amount. Your attorney will play a crucial role in these discussions. Several factors influence the final settlement, including the severity of your child’s injuries, the strength of your case, and the insurance coverage available.
The Trial Process
A birth injury trial is a formal legal proceeding where a judge or jury decides the outcome of your case. It involves several steps, including pretrial preparations, jury selection, presenting evidence, and closing arguments.
In a birth injury case, the burden of proof lies with the plaintiff, you. This means you must prove that the medical provider was negligent and that their negligence directly caused your child’s injuries.
The outcome of a trial can result in a verdict for the plaintiff or the defendant. If the verdict is in your favor, the court will determine the damages you are entitled to recover. These damages include medical expenses, lost wages, pain and suffering, and future care costs.
Factors to Consider When Choosing Between Settlement and Trial
Deciding whether to settle or go to trial is a significant decision. Several factors should influence your choice. The severity of your child’s injuries and their long-term prognosis are crucial considerations. If the injuries are severe and require lifelong care, a larger settlement or trial verdict might be necessary.
The strength of the evidence against the medical provider is another key factor. A strong case increases your chances of a favorable outcome at trial but may also encourage a higher settlement offer.
The estimated cost of litigation is essential. Trials can be expensive, involving attorney fees, expert witness fees, and other legal costs.
Finally, your financial situation and willingness to take risks should be considered. A settlement provides a guaranteed amount of money, while a trial offers the potential for a larger award, and there is also the risk of receiving nothing.
Conclusion
Deciding between a settlement and trial for a birth injury case is a complex process. It’s essential to consult an experienced Ohio birth injury attorney who can provide personalized guidance based on the specifics of your case.
Several factors should be carefully considered, including the severity of your child’s injuries, the strength of your evidence, the potential costs of litigation, and your financial situation. Ultimately, the best path forward often depends on the unique circumstances of each case.
