When parents learn their newborn has hypoxic-ischemic encephalopathy (HIE), their world fills with urgent questions. Among the most common, and emotionally charged, is how insurance might influence their potential claim. Families are not focused on finances; they are gripped by fear and a deep need for fairness for their child. A frequent concern is whether a jury will know about the hospital’s or doctor’s insurance coverage during a trial. This leads many to wonder, can insurance impact a baby’s HIE claim in a courtroom setting.
Can Insurance Impact A Baby’s HIE Claim in Court?
The straightforward answer is, in general, no. In a courtroom, the jury will generally never hear anything about insurance. They will not learn if the doctor, hospital, or nurses have it, nor will they know any policy limits. This information is legally excluded. The jury’s sole role is to examine medical evidence to decide if a departure from the standard of care caused the baby’s injury. Introducing insurance could improperly sway a verdict based on who pays, rather than what truly happened. This safeguards the integrity of the trial, keeping the focus squarely on the delivery room events.
The Role Insurance Actually Plays
So, where does insurance come in? Lawyers for both sides exchange this information during discovery. They use it in private settlement negotiations and mediation, not in front of a jury. These discussions evaluate the claim’s strength and potential value away from the courtroom. It is crucial to understand that while insurance informs the legal strategy behind the scenes, it does not change the medical facts. Therefore, when considering the core legal merits, can insurance impact a baby’s HIE claim? The answer remains firmly negative.
Keeping Focus on What Truly Matters
For instance, while nurses are typically covered under a hospital’s policy, some may carry individual coverage. This background detail facilitates resolution but does not alter the fundamental facts of the case. The investigation always hinges on critical medical facts: Was fetal distress recognized? Was monitoring misinterpreted? Was a timely delivery needed? These determine if negligence caused the HIE. For families seeking justice, the path forward is built on evidence from the delivery room, ensuring the truth of what happened to their child is the only deciding factor.
If you have more questions about your baby’s HIE brain injury at birth, or a subsequent cerebral palsy diagnosis do not hesitate to reach out to me. You can find my information below and remember that it doesn’t cost you any money to initially talk with me about your baby’s story.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
