When you go to the doctor, you expect the highest degree of care. In fact, medical professionals are obligated to meet the standard duty of care, yet many fail to do so. If medical malpractice leads to serious health complications and financial strain, your best option is to file a lawsuit.
If you’re unfamiliar with the process of filing a civil claim, you may assume that your case will end up in front of a judge and jury. However, this isn’t as likely as you might expect.
Do hospitals usually settle out of court? The short answer is yes. Read on to learn more about why settlements occur and whether or not a trial proceeding is in your best interest.
When Can You Sue a Hospital?
There are four key factors that define a medical malpractice lawsuit and your case must meet all four. To file a medical malpractice claim, you must be able to prove beyond a preponderance of the evidence that:
- The medical professional or institution owed you the duty of care
- The medical professional or institution breached that duty of care
- This breach led to worsening and significant health outcomes
- The resulting health outcomes caused significant financial strain
Medical professionals make mistakes fairly often. However, the majority of these mistakes don’t lead to things like disabilities or life-threatening ailments. You should always consult an experienced attorney before you pursue a medical malpractice claim.
Do Hospitals Usually Settle Out of Court?
Settling out of court means that both the plaintiff and the defendant reach an agreement before taking the case to trial. In medical malpractice claims, this entails that the plaintiff accepts the financial compensation that the defendant readily offers.
According to the U.S. Justice Department, only 7% of medical malpractice claims end in a jury or bench trial. Over 90% of all medical malpractice claims across the nation end in a settlement.
Why Settlements Benefit Hospitals
Medical professionals tend to prefer settlements because trials take time, cost money, and can have a negative impact on their reputation. Plus, if the victim’s evidence is strong enough, a judge or jury may push for more financial compensation than the defense team would offer on their own. The risk of going to trial tends to outweigh the cost of a settlement out of court.
Why Settlements Benefit Medical Malpractice Victims
Sharing the facts of your case in front of a judge and jury doesn’t guarantee that you’ll win more money. Accepting the settlement the defense team offers does guarantee that you’ll win some money. Plus, you can typically arrive at a settlement faster than a judge or jury would issue their verdict, meaning that you won’t have to wait as long for financial relief.
What Is the Average Medical Malpractice Settlement?
The average medical malpractice settlement fluctuates from year to year. A recent report found that the average settlement across the nation was approximately $350,000. Keep in mind that averages tend to obscure the highs and lows and that while some victims may not have received a significant settlement, others may have received far more than $350,000.
What Factors Influence the Decision to Go to Trial?
Although it isn’t likely, there is always the chance that your medical malpractice claim could go to trial. Read on to learn the top factors that tend to influence this decision.
Inability to Settle
In order to settle a malpractice case out of court, both parties must reach an agreement. If the plaintiff does not agree with the amount that the defense is offering and feels strongly that they deserve more, the remaining option is to go to trial. Always consider your lawyer’s advice before pushing your case to trial.
Strong Evidence
When a victim of medical malpractice has compelling evidence of a hospital’s negligence, the hospital will want to avoid a trial at all costs. This is because strong evidence can persuade most juries that the victim deserves financial compensation, and often more than the hospital wanted to provide. You should only take your medical malpractice case to trial if you know you have the evidence to back up your claims.
The Need for Lifetime Care
Some medical malpractice victims aren’t just facing current medical debt. If other doctors and expert witnesses confirm that you’re going to need lifetime medical care because of negligence, you may want to go to trial. Once again, while going to trial doesn’t guarantee more compensation, a judge and jury may require the defense to pay out more than they would have on their own.
How Can You Improve Your Odds?
As we’ve established, it is far more likely that your medical malpractice case will result in a settlement, not a trial. Either way, there are a few steps you can take to improve your odds of getting fair financial compensation.
Hire a Medical Malpractice Lawyer
First and foremost, hire an experienced medical malpractice lawyer before you submit your claim. Hospitals are represented by insurance company lawyers with legal expertise and a vested interest in reducing your settlement. Having your own lawyer will even the playing field and prevent you from making costly mistakes.
Gather a Wide Range of Evidence
Financial compensation can and should cover current medical debt, loss of income, and projected future medical bills. Work with your lawyer to consider all sources of related financial strain. This will position you to fight for the highest compensation possible.
Know When It’s Time to Settle
As the victim of medical malpractice, it’s reasonable that you may feel unwilling to accept a settlement lower than your claim’s value. However, an experienced lawyer knows when you’ve reached the best outcome. Knowing when it’s time to settle can prevent you from losing your case.
Call Cummings Law for Medical Malpractice Case Consultations
Do hospitals usually settle out of court? The answer is yes, and the reasons are clear. Oftentimes, a settlement works to the benefit of both the plaintiff and the defense.
Whether or not your case goes to trial, you need a medical malpractice lawyer to strengthen your claim. Brian Cummings has secured over $29 million for his clients over the past few years and handles every aspect of each client’s case. Request a free case consultation to get started.
Posted in: Medical Malpractice