Birth injuries can have lifelong repercussions for both the child and their family. When these injuries occur due to medical malpractice, a birth injury lawsuit may be necessary to seek justice and compensation.
If you are considering filing a birth injury lawsuit in New Mexico, understanding the potential outcomes may help you make informed decisions about the legal process.
Settlement
One of the most common outcomes of a birth injury lawsuit is a settlement before the case reaches trial. In many instances, the health care provider or their insurance company may offer a settlement to avoid the time and expense of a courtroom trial. A settlement may provide compensation for medical expenses, future care needs and lost wages. While settlements are generally quicker and less stressful than trials, it is important to seek legal guidance to help you evaluate the offer to make sure it is fair and meets your family’s needs.
Trial verdict
If a settlement cannot be reached, the case may proceed to trial. During the trial, both parties will present evidence, call witnesses and present their case before a judge or jury. If the court rules in your favor, you may be awarded compensation for the birth injury. This may include damages for medical costs, ongoing care, therapy and sometimes punitive damages if the defendant’s actions were egregiously negligent.
Dismissal or loss
In some cases, the lawsuit may be dismissed or result in a verdict in favor of the defendant. This can occur if the evidence doesn’t show medical negligence, or if the defendant can successfully argue that the injury was due to factors beyond their control.
With the right legal guidance, families can pursue the compensation and justice they deserve. If you believe your child’s birth injury was caused by medical malpractice, seeking legal guidance can help you navigate the complexities of the process.
