Do medical lawsuits involve litigation, or are they handled outside of court?

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Question:

Do medical lawsuits involve litigation, or are they handled outside of court?

Answer: (1)

Medical lawsuits often involve litigation, but can also be handled outside of court.  If you have a case where there is clear negligence and clear injury, it is more likely to be handled outside of court because the medical provider will be anxious to resolve the dispute, pay what is a fair settlement, and save money on litigation fees.  If however, your case is complicated, negligence is difficult to prove, or you have an injury which could have resulted from something else, your case is more likely to involve litigation.  Insurance companies for medical providers work very hard to fight lawsuits in order to deter future lawsuits and if there is a chance they might win a case, they will not settle out of court. 

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