Trial Attorney Blog
When a medical procedure goes wrong, the consequences can be devastating—emotionally, physically, and financially.
Victims and families often face a whirlwind of pain, confusion, and legal questions.
One of the most important decisions you’ll face in a medical malpractice case is whether to accept a settlement or pursue a jury trial.
Each path comes with its own risks and rewards, and making the right choice could shape the outcome of your entire case.
As experienced medical malpractice attorneys, we’ve guided clients through both routes.
This article will explore each option, outline the critical differences, address common legal mistakes, and explain how a firm like Finch McCranie can help you navigate the complex journey to justice.
Understanding Medical Malpractice—and Its Many Forms
Medical malpractice occurs when a healthcare professional fails to provide care that meets accepted standards, resulting in harm to a patient.
Contrary to popular belief, not all medical mistakes qualify as malpractice.
The key factor is negligence—whether a doctor, nurse, or hospital failed to act with the level of skill and care a competent professional would provide.
Common examples include:
- Misdiagnosis or Delayed Diagnosis – Failing to identify conditions like cancer, stroke, or infections in time.
- Surgical Errors – Operating on the wrong site, leaving instruments inside a patient, or causing internal injuries.
- Medication Errors – Giving the wrong drug, incorrect dosage, or overlooking harmful drug interactions.
- Anesthesia Mistakes – Administering too much or too little anesthesia, or not monitoring the patient properly.
- Birth Injuries – Negligent prenatal care or mistakes during delivery that lead to cerebral palsy, brachial plexus injuries, or fetal death.
Once negligence is suspected, the next step is seeking accountability—and that often means deciding whether to settle or go to trial.
Settlements: The Pros and Cons
A settlement is an agreement reached without a trial between the parties, usually the patient (plaintiff) and the insurance company of the medical provider.
Many malpractice claims end this way, but is it the best option for you? The answer depends on the specifics of your case and what you hope to achieve.
Pros of Settling:
Faster Resolution – Trials can take years. Settlements resolve disputes quicker, giving victims the financial support they need to recover, cover medical expenses, and move forward with their lives.
Less Emotional Strain – Court cases can be emotionally draining, especially for families still coping with trauma or grief.By providing privacy, settlements relieve clients of the burden of testifying or reliving traumatic events in public.
Reduced Legal Costs – Litigation is costly. By settling, plaintiffs avoid mounting attorney fees, deposition costs, and expert witness expenses, keeping more of the compensation in their pocket.
Cons of Settling:
Reduced Compensation: Insurance companies frequently try to reduce claims. Settlements may offer less than what a jury might award in damages for pain, suffering, and long-term impact.
No Public Accountability – Because most settlements include confidentiality agreements, healthcare providers avoid public exposure and reputational consequences—even when serious mistakes were made.
No Precedent Set – Jury verdicts can help change standards and hold institutions accountable. Settlements resolve only the individual case and leave no lasting legal precedent for future victims.
At Finch McCranie,We prepare each case as if it were going to trial, which gives us the negotiating power to get reasonable settlements. But when the offer isn’t just, we don’t hesitate to take the fight to court.
Jury Trials: When—and Why—They’re Worth It
A jury trial involves presenting your case before a judge and jury.
Your attorney will use medical records, expert testimony, and personal accounts to prove that negligence occurred and caused your injury.
Advantages of Going to Trial:
- Potentially Greater Compensation — In addition to punitive penalties, juries have the authority to grant damages for pain and suffering and lost wages.
- Accountability – Trials are public, and verdicts hold providers responsible.
- Validation – Having a jury of peers hear and believe their testimony provides emotional affirmation for many clients.
Disadvantages:
- Time-Consuming – Trials can drag on for years, prolonging emotional and financial stress.
- Risky – Juries can be unpredictable, and there’s always the possibility of losing.
- Higher Legal Costs – Trials are more expensive due to court fees, depositions, and expert testimony.
Jury trials are especially valuable when the insurance company offers a lowball settlement or denies responsibility entirely.
In those situations, a strong legal team like Finch McCranie can make a major difference.
Mistakes That Can Ruin a Malpractice Claim
Regardless of which path you choose, certain errors can severely impact your case. We assist clients in avoiding the following typical pitfalls:
Waiting Too Long to Act: Georgia law has a strict statute of limitations—generally two years from the date of injury. Waiting too long can forfeit your rights.
Not Getting a Second Opinion: A new physician’s records and testimony can be critical in proving negligence and damages.
Talking to the Insurance Company Without Representation: Insurers may seem sympathetic but are looking to minimize payouts. Anything you say can be used against you.
Failing to Secure Medical Records Quickly: Records can go missing or be altered. Prompt collection ensures accuracy.
Underestimating the Value of the Claim: Non-economic damages like pain, trauma, and future medical costs are often undervalued by victims.
Choosing an Inexperienced Lawyer: Medical malpractice cases are highly technical and require seasoned trial attorneys familiar with both the law and complex medical standards.
Key Decision Factors: Settlement vs. Trial
Determining whether to accept a settlement or seek a jury trial depends on a number of significant considerations
Pursuing a trial may result in a more favorable outcome and larger compensation when medical data and paperwork unequivocally support the claim of carelessness compensation.
The quality of expert testimony is another major factor. Medical malpractice cases often hinge on the credibility and clarity of expert witnesses.
Strong, well-qualified experts can significantly improve your chances of success at trial.
Emotional and financial considerations also matter. Some individuals may prioritize a quicker resolution and reduced stress, making settlement the better path.
Others may feel that seeking full justice—even through a longer and more demanding trial process—is worth the wait.
If the healthcare provider or institution has acknowledged any degree of fault, this can open the door to a fair and reasonable settlement without litigation.
Finally, the insight and evaluation of your attorney is crucial. An experienced medical malpractice lawyer will weigh all the facts, assess potential risks, and guide you toward the best course of action based on legal strategy and your personal goals.
How Finch McCranie Can Help
With over 50 years of legal experience and a proven track record of handling complex medical malpractice cases, Finch McCranie LLP is uniquely positioned to represent victims and families throughout Georgia.
Here’s how we support you:
- Detailed Investigation: We dig deep—reviewing records, timelines, policies, imaging, and even audit trails to uncover what truly happened.
- Access to Top Medical Experts: We partner with nationally recognized medical experts in various specialties to validate your claim and testify when needed.
- Trial-Tested Litigators: Our attorneys are not afraid of the courtroom. We’ve won seven- and eight-figure verdicts and know how to persuade juries.
- Personal Attention: You’re not just a file. We offer compassionate, clear communication throughout your case. You’ll always know where things stand.
- Contingency Fees: You don’t pay unless we win your case. Our goal is to get justice, not send another bill.
Whether your case ends in a settlement or goes to court, our mission remains the same: to protect your rights, uncover the truth, and secure the compensation you deserve.
Conclusion: Your Justice Starts with the Right Choice
It’s never easy to decide between a settlement and a jury trial, but you don’t have to do it alone.
At Finch McCranie, we give you the facts, assess the risks, and stand beside you every step of the way.
If you’ve been harmed by medical negligence, you deserve answers, accountability, and fair compensation.
Contact us today for a free consultation. The sooner you act, the stronger your case will be—and the closer you’ll be to justice.
FAQ’s
What counts as medical malpractice in Georgia?
It’s malpractice when a doctor or healthcare provider fails to meet accepted medical standards, causing harm. Common cases include misdiagnosis, surgical errors, and medication mistakes.
Should I settle or go to trial?
It depends on the evidence, expert testimony, and what matters most to you—speed or full justice. We prepare every case for trial to give you leverage, then help you decide the best path.
How long do I have to file a claim?
Usually, you have two years from the injury date. Although there are few exceptions, taking prompt action safeguards your rights.
What compensation can I get?
You might be compensated for future treatment, pain and suffering, lost pay, and medical expenses. Some cases may qualify for punitive damages.
How much does a lawyer cost?
We work on a contingency fee basis. Unless we win your case, you don’t pay anything up front.