Some medical malpractice cases go to trial when others settle. Why?
If you have been the victim of medical malpractice, you may be able to file a claim for damages. However, the amount of compensation that you’re looking for and the overall strength of your claim may have a significant bearing on whether to settle out-of-court or go to trial.
More than 95% of all medical malpractice cases end in negotiated settlements before or during trial proceedings. The reason? When cases are settled out-of-court, it benefits both the plaintiff and the defendant. The plaintiff gets compensated more quickly without having to wait for what could be years if their case goes to trial. The defendant avoids costly legal expenses and unfavorable publicity. In other words, negotiating a settlement vs. going to trial is often a win-win situation for all parties.
Most cases settle out of court
Since the majority of medical malpractice cases end in a settlement, the plaintiffs and the defendants must have some compelling reasons to settle out of court vs. going to trial. Factors that may motivate a defendant to advocate for a settlement include:
- Wants to limit the damage awards
- Wants to avoid a long legal process and the associated costs
Many defendants believe they can save money by offering to settle in order to avoid having to pay the costly fees associated with a long, drawn out trial.
Motivating factors for the plaintiff include:
- Wanting a “sure thing” or guaranteed payment
- Wanting to get paid quickly
Even if the case is compelling, the outcome of a jury trial is unknown and involves an element of risk. If the court rules in favor of the defendant, the plaintiff gets no compensation to pay for their losses.
Reasons to go to trial
Medical malpractice cases that go to trial generally do so because the defendant doesn’t believe the case has merit or the plaintiff wants a larger pay out.
If the defendant feels the case against them is unfounded, they may insist on taking the case to court to clear their name and avoid having to pay a “meritless settlement.”
The plaintiff, on the other hand, may feel they have a strong case for medical malpractice and that a lawsuit is the only means of obtaining fair compensation. If you are the plaintiff in a medical malpractice case, going to trial is a high-risk vs. high-reward decision.
Talking to a medical malpractice attorney can help you determine whether the potential rewards of having a trial outweigh the benefits of negotiating a settlement.