Medical Malpractice Litigation: How Many Case Go to Court?

On average, medical malpractice litigation leads to trial in less than 15% of malpractice lawsuits filed nationally, with deviations from this national percentage occurring in each state based on population density, as well as the state specific laws concerning medical malpractice tort laws.

The Leverage of Potential Trial versus Actually Doing So

A recent trend, contrary to popular media reports on multi-million dollar verdicts, is that medical malpractice cases that go to court actually end up costing the plaintiff more, than if he or she had accepted the original settlement offer from another party. The main reason many defendants in suits are willing to offer any amount of money in the form of a settlement, is often to avoid realizing the risks posed with a  jury or judge verdict in a civil trial, not the least of which are the awards, costs of trial, and publicity surrounding a case. Once in court, a plaintiff loses control of this leverage and in turn, the decision of the case is made by either a judge or jury.

Relative Merits and Strengths of a Viable Claim

One major factor influencing settlement agreements is the viability, or strength, of a plaintiff’s claim as it would be viewed in the courts. Part of the problem with some medical malpractice claims cases is relaying to an understandably distraught plaintiff that their claims may not be as strong as the perceive them to be. Again, the plaintiff, or patient victim suing another medical professional, will have the final say on whether to go to court or not, but from a legal perspective, the willingness of another party to settle will be based on how viable a given claim will be in court. Explaining to clients, from an attorney’s perspective, the all or none scenario of going to trial versus accepting a settlement amount that is guaranteed is often difficult in cases where victims are emotionally affected by their case damages. From a legal standpoint, settlement is often the best strategy, depending on the nature of the claims and the claims case itself, of course.

Reasons Claims May Go to Court

Certain elements in any given claims litigation will enhance the possibility of a given case going to trial. These include claims that defendants refuse to negotiate over before trial, or offer unreasonably low settlement offers and stick to them. Certain cases that are contested by both sides may also require court intervention to allow a fair investigation of claims to occur, such as pre-trial discovery requests and others. In other cases, plaintiffs may be seeking a remedy in addition to or aside from monetary compensation, which will most likely result in the need to go to trial, as well. In other cases, the individual plaintiff, as well as their legal counsel, may strongly feel the outcome of a jury or judge trial will be in the favor, often including a damage awards amount significantly larger than that offered in a pre-trial settlement offer.

Getting Legal Help

Without the assistance of an attorney, most patients will not be able to make favorable claims for compensation for medical malpractice, whether through settlement or going to trial. Consult with an attorney following any perceived instance of medical malpractice to learn more about all of your legal options and remedies.