How many medical malpractice cases go to trial?

Most medical malpractice cases settle out of court due to the high costs, in both time and money, of taking a case all the way to trial. Most victims of medical malpractice suffer serious financial hardship in addition to the health and emotional toll, and often these people cannot afford to wait a year or more for their case to come to fruition.

90% of Medical Malpractice Cases Settle Out of Court

The great majority of medical malpractice cases settle out of court, however, it is still important that medical malpractice victims be represented by an attorney with experience in litigating these cases in trial. Why? Because the insurance company is represented by medical malpractice defense attorneys that will take advantage of a lawyer who is inexperienced in court.

I I were a medical malpractice defense attorney, and I wanted to avoid going to court, I would offer less money to an attorney with no trial experience because I know he or she would be less likely to reject my offer and go to trial.

Attorneys with a history of going to trial have an extraordinary amount of leverage, because the defense knows that if they do not offer a large settlement amount, they will end up in court, where they are likely to lose and have to pay millions of dollars.

If you want to learn more about how medical malpractice lawsuits work, check out some of the links I have referenced below.