Most of the time, medical malpractice lawsuits are not settled without the filing of a lawsuit unless the facts involved are egregious and it was blatantly obvious that a healthcare provider committed malpractice. Doctors rarely admit to messing up or not following the standard of care necessary to treat a patient. Nor will a health care provider ever usually write down in your medical records that they messed something up. In fact, they will do their best not to write down much in your medical records if they know they “botched” something. A doctors biggest fear is a malpractice claim which could damage their reputation.
Because it is very tough to reach a fair settlement pre-lawsuit, litigation is usually the only solution you have to obtain compensation for injuries that your health care provider caused. Litigation, however, is not cheap – especially litigation that involves a medical malpractice claim because you have to have an expert (who will analyze the medical records and opine on how the health care provider fell short of the standard of care and caused your injuries) who will have to be paid for their time and expenses. These experts are not cheap and are absolutely necessary for a medical malpractice case.
Once your lawsuit is on file there is a chance you may receive a settlement offer from the malpractice insurance provider. Do not accept this offer unless your lawyer advises you the offer is fair given all the circumstances involving your claim. The closer you get to trial assuming your expert did his or her job and the defendant has some heartburn about potentially losing his or her case, you may likely receive a better offer. Your lawyer will try to negotiate with the insurance carrier on your behalf to maximize your settlement offer. This can require your attorney to provide additional evidence or experts to support your claim and the amount of financial compensation that he or she is seeking for you. Keep in mind that the settling doctor must also agree to the settlement amount in most cases. If the doctor will not agree to a settlement, you may be forced to go to court and let a jury decide whether malpractice occurred. If you receive a fair settlement offer, you should consider settling the claim because of the time, expense, and uncertainty of trial. You never know what a jury is going to do when they go deliberate.
Consult an Experienced Medical Malpractice Attorney About Your Case
Contact Foster Wallace today to schedule an appointment for a free, initial consultation to discuss the details of your case.