Settling a Medical Malpractice Lawsuit out of Court: Pros & Cons

If you or a loved one has been the victim of medical malpractice, consult with an attorney as soon as possible.

FIling a medical malpractice lawsuit is a significant decision that can take one of two paths once accepted by your attorney: court or settlement. Although you may feel strongly about taking your case to trial, there are important pros and cons to consider. Your attorney will offer a recommendation based on the facts and evidence. Here are a few things to know about the process.

Settlements Are Very Common

Around 90% of medical malpractice cases are settled out of court. Court is generally considered a last resort for achieving legal resolution, especially in medical malpractice cases. It is typically easier for both parties to reach a favorable settlement.

In some cases, the defense may wait until shortly before opening arguments to make a settlement offer. This is why you should always work with an experienced medical malpractice attorney who will prepare for your case as if it is going to trial.

Settlements May Save Time and Money

Due to the expensive costs of litigation, a settlement may save you money in the long term. However, a settlement offer will likely be lower than what a favorable jury verdict would bring in court. Just as your attorney will fight for the maximum compensation, defense attorneys will fight for their client to pay as little as possible.

Success in Trial Is Not Guaranteed

Some critics claim that medical malpractice lawsuits are threatening a doctor’s ability to effectively practice medicine. In fact, lawsuits are often a last resort for injured patients. Most clients are not willing to devote the time and money to litigation when a favorable result is not guaranteed. Only in the strongest cases will an attorney recommend you refuse a settlement offer and allow your case to continue to trial.

Choose the Right Attorney

Both sides know that going to court places additional strain on all parties involved. However, an attorney with trial experience and a record of success will have leverage to show the defense that your case has merit. Knowing this, the defense is more likely to offer a larger settlement in less time.

Call us today at (314) 588-7200 to schedule a free consultation.

photo credit: Lars Plougmann