Statistics tell us that over 90% of medical malpractice cases are settled out of court. But is settling in your best interest? We’ll discuss it in this issue.
What is a settlement?
Simply put, settling a case is a way to end a disagreement or claim before it actually goes to trial. It typically involves a defendant (hospital, doctor, etc.) agreeing to at least some or all of the claims from a plaintiff (you) rather than taking their chances in court.
What are the benefits of settling a medical malpractice case?
There are many. Among them is time, money and peace of mind.
While each case is different, it’s common for some medical malpractice cases several years to be resolved. In fact, one study carried out by a Johns Hopkins affiliated hospital found that the average wait time for the cases they studied was 4.5 years.
Settling often gives family members and the victim more time to deal with the immediate health issues rather than having to prepare for legal proceedings.
Additionally, once a settlement is reached, the family and victim will have the financial resources in a timelier fashion, which is crucial once the medical bills begin to rack up.
Emotionally, going to trial can be a physically and mentally draining.
How are settlements reached or made?
It’s definitely in your best interest to have a lawyer on your side before taking any step towards a settlement. Medical law is an especially complex matter, and a lawyer specializing in this field will most likely have a thorough understanding of whether or not a settlement is in your best interest.
What are the risks to settling a medical malpractice case?
Like most things, there are potential downsides to settling a case. The can include:
- Agreeing to a potentially smaller award than what would have possibly been awarded by a jury
- Removing the risk of further liability on the part of the defendant
How is the value of my medical malpractice case determined?
Again, because all cases are different, there’s no way to predetermine exactly how much you could be awarded.
Your lawyer, however, will consider a number of things before determining what’s felt to be a reasonable amount. These factors include:
- Strength of the evidence
- Costs of past and future medical treatment
- Loss of earning potential
- Physical pain and suffering
If you’ve experienced medical malpractice, call The Fitzgerald Law Firm
If you feel that you have experienced medical malpractice, call us here at The Fitzgerald Law Firm. There are potentially a host of options available to you, including seeking a settlement.
The first consultation is always free, and our number is 800-323-9900.