The potential outcomes of a birth injury lawsuit are varied, each with different implications and processes. Even after the court has ruled in your favor, there is still more work to be done with the help of a birth injury lawyer in Baltimore to ensure that you receive fair and just compensation.
Understanding Liability and Its Implications
In Maryland, when a defendant is found liable in a birth injury lawsuit, the court has determined that the defendant’s negligence led to the birth injury. This verdict sets off a chain of events that primarily concern compensation for the injury. Following the liability verdict, the court will proceed to the damages phase, where the compensation amount is established.
The Process of Determining Damages
During the damages phase, the court assesses the financial costs associated with the birth injury. These could include past and future medical expenses, physical therapy costs, emotional suffering, loss of earning potential, and more.
In Maryland, unlike some other states, there are no caps on economic damages in medical malpractice cases, which include birth injuries. However, there are caps on noneconomic damages, like pain and suffering, which increase annually based on the cost of living.
Adjustments in Damage Awards
It’s important to note that even after a damage award is declared by the court, it might not be the final figure. There could be adjustments to the initial verdict. For example, the defendant could file post-trial motions to request that the judge reduce the damages or argue that the damages awarded were excessive in relation to the evidence presented.
On the other hand, your counsel might seek an additur if they believe the damages were insufficient to cover the actual costs. Maryland law allows judges to adjust damage awards under certain circumstances, but this process can extend the timeline of the case.
Settlement Negotiations and Their Significance
Post-liability, settlement negotiations often gain momentum. Both parties, aware of the verdict, might be inclined to reach a mutually agreeable settlement to avoid further proceedings. While the plaintiff’s counsel will negotiate aggressively to secure the best possible compensation, the defendant’s insurance company may intend to cover the settlement and thus has a vested interest in the negotiation outcome.
Getting Help From a Birth Injury Lawyer in Baltimore
Given the possible complications in your case, it is always advisable to learn more from legal experts about what you can do to secure your rights on the path to legal victory. An experienced attorney can help you gain the insight you need to feel empowered as you navigate the various twists and turns of a birth injury case, both inside and outside the courtroom.
Incorporating Mediation in the Proceedings
Mediation offers another avenue for conflict resolution in birth injury cases. A neutral third-party mediator helps facilitate a discussion between the parties, guiding them toward a potential settlement. The goal is to reach an agreement that satisfies both parties, avoiding a protracted court trial.
Liens on the Award Amount
In certain scenarios, liens may be placed on the award amount by government agencies or private health insurance companies seeking reimbursement for medical expenses already paid out on behalf of the injured child. For example, if Medicaid provided coverage for the child’s medical expenses, they are entitled to recover those costs from the award. An experienced attorney can negotiate these liens to ensure you retain as much of the compensation as possible.
Collateral Source Rule in Maryland
Maryland’s collateral source rule can also come into play after a defendant is found liable in a birth injury case. This rule prevents the defendant from reducing the damage award by the amount the plaintiff has received from other sources, like health insurance. The intent is to ensure the at-fault party bears the full brunt of the damages and that the plaintiff isn’t penalized for having coverage.
Impact on the Medical Professional’s License and Practice
After a liability verdict in a birth injury case, the medical professional responsible may face repercussions beyond the financial penalties. Their medical license may be reviewed by the Maryland Board of Physicians, which could lead to disciplinary action such as probation, suspension, or even revocation of the license. They may also face increased malpractice insurance premiums or difficulty obtaining coverage in the future. This underscores the serious consequences medical professionals face when they’re found liable in birth injury lawsuits.
Potential for Appeals
A liability verdict doesn’t close the door on the case entirely. The defendant can file an appeal, challenging the liability determination or the amount of damages. If the appellate court finds merit in the appeal, the case might be sent back to the trial court, which can prolong the process considerably.
How Is Negligence Proven in a Premises Liability Lawsuit?(Opens in a new browser tab)
Navigating a birth injury lawsuit in Maryland is a complex process that continues even after the defendant has been deemed liable. From negotiating settlements to potentially facing appeals, the journey might be longer than expected. Engaging a birth injury lawyer in Baltimore can help you understand the process and secure just compensation for the hardships endured.
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