Can You Settle a Medical Malpractice Case Out of Court?

Medical malpractice occurs when a patient is injured due to the negligent behavior of a healthcare provider or facility. When medical malpractice happens, the injured person has a right to file a lawsuit against the responsible parties. Given the lengthy and complex litigation process, many injured patients often wonder if they can settle the malpractice case out of court.  The truth is you can settle the case without going to court. In fact, many defendants prefer to avoid lengthy court battles and opt to settle instead. It is up to you to decide whether to accept the settlement offer.

Settlement vs. Trial

In a medical malpractice settlement, the parties involved usually agree to resolve the dispute through negotiations without going through a trial proceeding. On the other hand, a trial consists of the jury and the judge deciding on the outcome of your case. Settling out of court has merits, including being quicker and less expensive than a trial. Additionally, settlements offer guaranteed compensation, whereas a trial is unpredictable; you can win big or go home empty-handed. Speaking with a knowledgeable medical malpractice attorney to guide you on the best course of action for your situation is always advisable.

How Does the Settlement Process Work?

The following are the steps in a medical malpractice settlement process.

I) Initial Consultation

The process usually starts with a medical malpractice lawyer reviewing your case to assess its viability. This involves thoroughly reviewing your medical records and evidence and consulting with a medical expert to determine if there is clear evidence of negligence.

II) Negotiations

Next, negotiations kick off where gathered evidence is presented. The negotiations aim to secure fair compensation for you, so you need a medical malpractice lawyer with top negotiation skills.

Negotiation settlements may also involve Alternative Dispute Resolution (ADR) methods, such as mediation or binding arbitration, where your attorney presents compelling evidence to achieve a fair settlement.

III) Settlement Agreement

After negotiations, you will arrive at a settlement agreement. Your lawyer ensures the settlement is in your best interests and addresses all current and future needs arising from the injury. They will also help you consider the benefits and risks of accepting or declining the settlement and proceeding to trial.

Pros and Cons of Settling

Below are the pros and cons of settling a medical malpractice case out of court.

Pros

• An out-of-court settlement can provide quicker compensation for your injuries and losses.
• You can save resources as you typically incur less legal expenses.
• You can keep the case out of the public eye

Cons

• The settlement amount may be lower than you could receive at trial
• Settlement negotiations are usually confidential, and as such, they can prevent the public from learning about the potential issues within a healthcare institution, possibly allowing repeated negligence.

Pros and Cons of Trial

Below are the pros and cons of taking a medical malpractice case to trial.

Pros

• Going to trial can result in higher compensation if you win the case
• Trials are public, so you may get a sense of justice while putting the doctor or healthcare institution in the limelight for negligence.

Cons

• Trials are more expensive, often involving significant legal fees and court costs.
• Trials tend to be lengthy and can take months or even years to resolve
• Trials involve unpredictable outcomes; you may walk with less compensation than expected or lose the case entirely.

Hardball Law Can Help With Your Medical Malpractice Case

If you are facing the aftermath of medical malpractice, our experienced Towson medical malpractice lawyer serving Towson, Baltimore, and throughout Maryland can provide the support you need and help you recover fair compensation. Contact Hardball Law at 410-494-7400 today to discuss your case.