Trial Attorney Blog
Without competent legal assistance, allegations of medical negligence can be difficult to handle due to their complexity, emotional content, and difficulty.
It’s essential to understand how settlements in medical malpractice cases work if you or a loved one experienced harm as a consequence of a healthcare provider’s negligence.
Many parties prefer to settle their cases out of court, but it’s crucial to understand what that process involves, what to anticipate, and how an experienced medical malpractice attorney can help you get the best result.
At Finch McCranie LLP, we have years of experience representing victims of medical negligence.
They promise to offer clear advice and dedicated assistance so you don’t have to go through this difficult procedure by yourself.
What Is a Medical Malpractice Settlement?
The most basic meaning of a settlement in a medical malpractice case is a contract to settle the claim without a trial between the plaintiff, who was injured, and the defendant, who usually refers to a hospital, doctor, or medical provider.
Settlements are very common in malpractice cases because trials are costly, time-consuming, and unpredictable.
A fair settlement allows injured patients to receive compensation faster and avoids the stress and uncertainty of trial.
Why Do Most Medical Malpractice Cases Settle?
- Cost Efficiency: Trials require significant resources — expert witnesses, court fees, attorney hours — which can be expensive for both sides. Settling reduces these costs.
- Speed: Litigation can take months or years. Settling can speed up compensation so victims get help with medical bills, lost wages, and other expenses more quickly.
- Risk Reduction: Trials are uncertain. Even strong cases can lose at trial due to unforeseen factors. Settling guarantees some recovery without the risk of losing everything.
- Privacy: Trials are public, but settlements are usually confidential. Many parties prefer privacy, especially in sensitive medical cases.
The Settlement Process: Step-by-Step
1. Case Evaluation and Investigation
Before settlement discussions begin, your attorney will carefully evaluate your case to determine its strengths and weaknesses. This includes:
- Reviewing medical records and expert opinions
- Calculating damages including medical expenses, lost income, pain and suffering
- Investigating the facts surrounding the alleged malpractice
At Finch McCranie LLP, we thoroughly analyze each case to build a strong foundation for negotiations or trial.
2. Demand Letter
Once your lawyer believes the case is ready, a formal demand letter is sent to the defendant or their insurance company.
This letter outlines the case’s facts, guilt, and sought damages.
The starting point for negotiations regarding settlement is the demand letter.
3. Negotiations
After receiving the demand letter, the defense will review the case and respond with either a settlement offer, a denial, or a counteroffer.
This back-and-forth negotiation can involve several rounds as both sides work toward a mutually acceptable figure.
Your lawyer’s experience is critical here, as skilled negotiators can often secure significantly better settlements than an unrepresented party might.
4. Mediation or Alternative Dispute Resolution (Optional)
Sometimes, before or during negotiations, both parties may agree to mediation — a process where a neutral third party helps facilitate a settlement.
Mediation can be less adversarial and offers a confidential environment to reach agreement.
5. Settlement Agreement and Release
The parties sign a settlement agreement if an agreement is reached.This document details the settlement terms, including:
- The amount of money to be paid
- The timeline and method of payment
- Any confidentiality clauses
- A release of liability, which means the plaintiff agrees not to sue again for the same injury
Once signed, this agreement is binding and the case is officially closed.
Important Considerations in Medical Malpractice Settlements
Does Settlement Mean Admitting Fault?
No, the vast majority of settlements concerning medical conduct contain wording that makes it clear the defendant is not taking responsibility.
How Is the Settlement Amount Determined?
Settlement amounts vary widely depending on the case specifics:
- The severity and permanence of the injury
- Medical bills and future care costs
- Lost wages and diminished earning capacity
- Emotional distress and pain and suffering
- Strength of evidence and liability
An experienced lawyer can help calculate a fair and comprehensive figure, ensuring you are not shortchanged.
Are All Settlement Offers Worth Considering?
Not necessarily. Your lawyer will advise you on whether an offer is fair based on the facts of your case and your future needs. It’s important not to accept an offer without careful legal review.
Can You Reject a Settlement and Go to Trial?
Yes. If you believe a settlement offer is insufficient, your attorney can advise you to reject it and prepare for trial. However, trials carry risks and should be weighed carefully.
How Finch McCranie LLP Can Help You Through the Settlement Process
Navigating a medical malpractice settlement without legal representation can leave you vulnerable to accepting less compensation than you deserve. We at Finch McCranie LLP assist clients at every stage:
- Comprehensive Case Review: We analyze your medical records and work with trusted medical experts to build a strong case.
- Skilled Negotiation: Our attorneys have extensive experience negotiating with insurance companies and defense counsel to maximize your settlement.
- Transparent Communication: We explain your options clearly and keep you informed so you can make confident decisions.
- Client-Focused Advocacy: We prioritize your best interests, including ensuring your future medical needs are accounted for.
- Trial Readiness: While many cases settle, we are prepared to take your case to court if necessary to fight for full justice.
Our goal is to assist you with obtaining the money you require in order to heal and start afresh.
Common Myths About Medical Malpractice Settlements
- Myth: Massive amounts of money are awarded in every medical conduct lawsuit.
In reality, settlements vary greatly. Compensation depends on the facts of each case. - Myth: You should always settle quickly to get money faster.
Rushing can lead you to accept less than you need. You may settle at the correct moment and for the right amount if you have the right legal guidance. - Myth: A settlement means you can’t talk about your case.
Agreements on confidentiality are included in many settlements, but this varies depending on the terms of the agreement and the parties.
When Should You Contact a Medical Malpractice Lawyer?
It’s important to get in touch with a competent malpractice attorney as soon as possible if you believe you or a loved one has been injured due to medical negligence.
Missing critical deadlines can result in losing your right to compensation.
An early consultation can:
- Help determine if you have a valid claim
- Preserve crucial evidence and medical records
- Guide you through complex legal and medical terminology
- Provide peace of mind during a stressful time
About Finch McCranie LLP
At Finch McCranie LLP, we specialize in medical malpractice, personal injury, and wrongful death cases.
With decades of combined experience, our dedicated team understands the profound impact medical errors can have on victims and their families. We are committed to:
- Providing compassionate, personalized legal support
- Fighting aggressively for our clients’ rights
- Securing fair compensation for injuries, pain, and suffering
Our track record includes successfully negotiating settlements and litigating cases that resulted in favorable verdicts. We strive for equality because we think every customer deserves it.
Conclusion
Settling a medical malpractice case is often a practical way to resolve disputes while providing compensation for the harm caused.
Settlements, however, are complex legal agreements that call for serious thought and professional advice.
From investigating your claim and demanding fair compensation to negotiating and finalizing the agreement, every step demands skill and dedication.
If you or a loved one has suffered due to medical negligence, don’t navigate this process alone.
Contact Finch McCranie LLP today for a free consultation and let us help you understand your rights and options.
With our support, you can pursue the justice and financial recovery you deserve.
FAQ’s
What is medical malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm or injury to a patient.
How long do I have to file a medical malpractice claim?
Each nation has a statute of limitations, that typically lasts up to three years after the damage or discovery date. In order to protect your rights, you must speak with an attorney as quickly as possible.
Should I accept the first settlement offer?
Not necessarily. Early offers may be low. An experienced lawyer can evaluate your case’s full value and negotiate for fair compensation that covers future medical costs and damages.
What damages can I recover in a malpractice settlement?
In a malpractice settlement, you can recover medical expenses, lost wages, and compensation for pain, suffering, and emotional distress. In some cases, punitive damages may be awarded for extreme negligence. The total amount depends on the injury’s severity and state laws.
Will settling my case mean admitting fault?
No, settling your case does not mean admitting fault. In fact, most settlement agreements clearly state that the defendant does not admit to any wrongdoing or liability. Settlements are often made to avoid the time, stress, and cost of a trial, not because someone is admitting guilt. It’s simply a way to resolve the dispute without further legal proceedings.