BPI MALPRACTICE LAWSUITS

[dontom]

My son is now 3 years old and was injured at birth by the delivery doc. We have a lawsuit that goes to trial in August,this summer. Settling out of court is not an option due to the doctor's malpractice insurance.

I was just wandering if anyone has actually been to trial for this and won the case. If so please share how long it took to recieve the awarded amount. Unfortunately, much of my son's care has been held up due to my husband's job loss and cancellation of insurance.

Thanks in advance....Peace and Blessings

[Ken. Levine]

Although it is not easy, cases do win at trial. In the past year we have taken three brachial plexus cases to trial and won two of them. If you do win, the money should come to you within 6 weeks or so unless there is an appeal. The 6 weeks time frame is to allow the court to hear post trial motions which are always filed by the defense in the plaintiff wins. the post trial motions ask the judge to set aside the jury verdict or lower the amount of the verdict. These motions are rarely if ever granted. Judges almost always respect the juries decision.

Is is not uncommon for cases to still be settled during the trial or even when the jury is deliberating. In some cases the defense wants to start the case and see how the experts do. The insurance company's position is that they can offer you the money anytime, even during the trial, so why do it too soon.The insurance company's risk is that the very reason they decide to offer you the money, that the case is going well for the Plaintiff, will cause you to hold out for more money and eventually cost more to settle.The insurance company takes that chance because they know it is hard to win even with a good case, and then bet that you would not turn down the money they offer.

There are alot of factors on both side, the Plaintiff and the defense that go into the decision to take a case to trial or settle the case.

Ken Levine
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com

[dontom]

Thanks for that information. It was helpful. I'm finding that the closer it gets the more anxiety I feel about it. I've never been in trouble with the law and never had to go to trial for anything, on top of the fact that I tend to get emotional when I have to talk about the circumstances surrounding his injury (blatant racism and neglect during labor. I've already been warned by my lawyers that the defense will try to attack me personally for not managing my diabetes although I did the best I could with the information I had. How could my attitude affect the jury's decision?

[Carolyn J]

I'll be praying for you, "dontom" please keep us informed.

FYI, there is another thread about outcomes of trials, just type the phrase or word in the "Search Forum" Link at the top of any page and all of the posts on the subject will come up for you.

Good Luck and try to stay strong as it is quite an emotional ordeal and lawyers tend to try to upset you to make an error in your testimony. Prayers will help so let us know the day & time you go to trial.

Hugs,
"Gramma" Carolyn J
LOBPI/70

[katep]

I don't know about lawsuits, but if your husband lost his job after September of last year, your family should have an opportunity to enroll in COBRA on a subsidized basis. Email me if you have questions. Or if that isn't an option, most states have low or no-cost insurance for children. We just went through all of this when my husband lost his job in February. There are options.

*hugs*

Kate

[dontom]

Thanks so much for that. I'm in the process of working on the insurance. A COBRA packet from his former employer came in the mail yesterday actually, explaining everything. I'm researching now to see what our best options are. Thanks again.

Peace and Blessings....

[dontom]

"Gramma" Carolyn, I just got off my rusty knees in prayer so it's funny you should mention that. I'm trusting Christ for every single thing, large and small so I have laid this issue right in His hands. I made up my mind that I will have peace with whatever His will is. He's never failed me yet. The trial is the second week in August the 11th through the 14th in Richmond Virginia. My son's name is Donovan. Thanks so much for your prayers.


Peace and Blessings...

[Carolyn J]

Yes Yes I will have YOU and Donovan in my prayers August 11-14th it is on my calender...Mom, please take care of yourself carefully and treat yourself to a manicure, pedicure or massage, come to mind. Donovan is added to my adopted "Grands". When you have time could you please email me a picture for my "Grands" Collage?

Hugs all around your house,
Gramma Carolyn J
LOBPI/70
PS...please excuse that sometimes I sound bossy to you Warrior Mothers,to take care of yourselves too.. I do it out of love & care for all of my UBPN Family...

[shlecki]

I know the heart sinking feeling of going through a lawsuit. It took 5yrs. for us and we were a week till the trial and the doctor settled out of court. In the state of Louisiana they offered the max you could get which after attorney fees was not much. But leaning on God and believing in miricals got us more than money we got a life time of medical coverage for him and it pays 100% of his medical bills for his injury and so far so good. I pray you find peace of mind and reasurance that everything is going to work out for the good if you trust in God.

[trooper wife]

It has been awhile since I have talked on here. We just had our trial at the end of March and the jury sided with the doctor. It took us 7 years to get to trial and 2 long weeks for the trial for that outcome. We honestly felt like we had won. All my prayer is now is that the dr. will change his ways. He did consent to settle about 3 years ago but the insurance company wouldn't. Weeks later it still breaks my heart for our daughter after 6 surgeries. I am glad though that it is over, it was very difficult and I hated they way the defense made us out to be and all the nontruth things that were said about us. They really belittled our lifes and they disability that our 9 year old daughter struggles with daily. One of the hardest things to hear were the lies the doctor and nurse told on the stand, as a christian I really struggled with that. My thoughts and prayers are with you as I know what you are getting ready for, be strong and stay true to yourself. Be a voice for your child. Sandy