Medical Malpractice Claim and How Settlements Work

When you’re hurt because of a medical mistake, it can feel like your whole world has been turned upside down. Between the pain, bills, and unanswered questions, it’s hard to know what to do next. That’s where understanding medical malpractice claims and settlement comes in.

If you're thinking about taking legal action, this guide will walk you through the settlement process — step by step — in plain, simple language.

What Is a Medical Malpractice Claim?

A medical malpractice claim is a legal case brought against a healthcare provider — like a doctor, nurse, or hospital — when their mistake causes serious harm. It's not just about being unhappy with care. It's about proving that the provider failed to meet accepted medical standards, and that failure caused your injury.

You may have a valid claim if your injury was caused by:

• Misdiagnosis or delayed diagnosis
• Surgical error
• Medication error
• Birth injury
• Poor follow-up care
• Failure to get informed consent

What Is a Medical Malpractice Settlement?

A medical malpractice settlement is a legal agreement where the person harmed (you) receives money from the healthcare provider or their insurance company — without having to go through a full trial.

Settlements can help you:

• Get compensation faster
• Avoid the stress of court
• Cover medical bills, lost wages, and more
• Begin healing and move forward

Most medical malpractice claims end in a settlement rather than a trial.

How Does the Medical Malpractice Settlement Process Work?

Here’s how medical malpractice claims and settlement typically play out:

Step 1: Hire an Experienced Medical Malpractice Lawyer

The first step is finding a medical malpractice lawyer who knows how to handle complex malpractice cases. These cases are tough, and the other side will have lawyers and insurance companies working against you.

A good lawyer will:

• Listen to your story
• Review your records
• Tell you if you have a strong case
• Handle everything from start to finish

Step 2: Investigate the Case and Gather Evidence

Before any settlement talks happen, your lawyer will need to collect strong evidence, such as:

• Medical records
• Test results
• Doctor’s notes
• Witness statements
• Expert opinions

They’ll work with a medical expert (usually another doctor) who can confirm that your injury was likely caused by a mistake — and that it wasn’t just a normal risk of treatment.

Step 3: File a Claim or Lawsuit

Sometimes, just filing a claim with the doctor’s insurance company is enough to start settlement talks. Other times, your lawyer may need to file a lawsuit in court to show you're serious.

This puts pressure on the provider’s legal team and signals that you’re ready to go the distance if needed.

Step 4: Begin Negotiations

After the evidence is reviewed, the real settlement talks begin.

Here’s what happens:

• Your lawyer makes a demand — usually a dollar amount that reflects your damages.
• The insurance company responds — either with a counteroffer or denial.
• Negotiations go back and forth — and your lawyer fights to get you fair compensation.

This process can take weeks or months, depending on the case.

Step 5: Mediation (Optional but Common)

If both sides are willing to talk but can’t agree on a number, they may go to mediation. This is a meeting with a neutral third-party (a mediator) who helps both sides reach a deal.

It’s less formal than court and often leads to a resolution.

Step 6: Reach a Settlement or Go to Trial

If both sides agree on a number, the case settles — and you receive a payment, usually in a lump sum.

If no agreement is reached, the case may go to trial, where a judge or jury will decide:

• If the provider was at fault
• If the injuries were caused by negligence
• How much money, if any, should be awarded

Note: Around 90–95% of medical malpractice claims settle before trial.

What Can You Be Paid for in a Malpractice Settlement?

A settlement can cover many types of damages, including:

• Medical expenses (past, current, and future)
• Lost wages and loss of future earnings
• Pain and suffering
• Permanent disability or disfigurement
• Emotional distress
• Loss of enjoyment of life
• Funeral expenses (in wrongful death cases)

Your lawyer will help calculate all your damages — not just what you've already paid, but what you may need in the future too.

How Long Does a Medical Malpractice Settlement Take?

It depends on:

• How complicated your injury is
• How quickly both sides respond
• Whether the provider is willing to admit fault
• How many experts need to review the case

Most settlements take several months to a year. But it’s not unusual for complicated cases to take longer — especially if the case goes to court.

Why You Shouldn’t Accept the First Offer

Medical malpractice insurance companies are businesses. Their job is to pay as little as possible, even if it means offering you a fast but unfair deal.

That’s why you need a lawyer to:

• Review every offer carefully
• Negotiate from a position of strength
• Fight for what you really deserve

Don’t settle just to get it over with. A rushed settlement could leave you without the money you need for long-term care or lost income.

Not All Injuries Lead to a Claim

Doctors aren’t responsible for every bad outcome. Sometimes, even with great care, things go wrong. But when a medical provider makes a preventable mistake — and that mistake causes serious harm — you have the legal right to seek compensation.

That’s what medical malpractice claims and settlements are all about: justice, recovery, and helping families move forward.

Need Help With a Medical Malpractice Claim? Talk to Us Today.

If you or a loved one suffered due to a doctor’s mistake, don’t try to face the system alone. At Finch McCranie LLP, we help families across Georgia understand their options, fight for justice, and get the compensation they deserve.

• Free consultation
• No fees unless we win
• Over 50 years of trusted experience

Call (404) 658-9070 or visit www.finchmccranie.com to get started today.

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