I have been thinking about filing a medical malpractice claim due to mistreatment an injury that my wife received while in the hospital. After some research, it seems that cases that go to trial end up netting much larger dollar amounts than cases that settle, so why settle?




Answer:
Medical negligence or medical malpractice cases settle for a number of different reasons. While court awards may be larger than settlements, when you go to court, you often incur more expenses than if you settle a case. Furthermore, court cases are uncertain. You might receive a great deal of money, but you might receive nothing.
Many settle in order to avoid the risk of losing the case and having no recovery at all. Court cases also can take a long time to resolve, especially if cases are appealed. Many patients cannot wait for the time, which can sometimes stretch to years, that it takes in order to file litigation and receive a verdict and settlement.
Settling will resolve the matter quicker, giving people money they need to pay their medical bills and move on with their lives. While settling has some clear advantages, though, ultimately your medical malpractice attorney will be the best one to determine whether a settlement offer is fair, and/or whether your case is strong enough that you might be wiser to take it to court.
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Posted by Christy Rakoczy on 02 Apr 2010