Medical malpractice occurs when healthcare professionals provide substandard medical care, leading to patient harm. If you are considering filing a medical malpractice claim, you might wonder, “Do hospitals usually settle out of court?” The truth is that many hospitals prefer to avoid lengthy court battles and may opt for settlements instead, but it is ultimately up to you whether or not you prefer to accept a settlement.
If you or a loved one has been affected by medical negligence in Ohio or Kentucky, the experienced medical malpractice lawyers at TLF: The Medical Injury Law Firm can guide you through the legal process. Our team is dedicated to ensuring you receive the justice you deserve, whether that means negotiating a fair settlement offer or fighting for you in court.
Call (800) 698-4054 or contact us online to schedule a free case evaluation and let us help you secure the compensation you need.
Settlement vs. Trial
Settling a medical malpractice case out of court means that the parties involved agree to resolve the dispute without going through a jury trial proceeding.
An out-of-court settlement agreement can be quicker and less costly than the trial process. In medical malpractice lawsuits, some defendants may go this route to avoid the unpredictability and expense of a trial. However, if a settlement cannot be reached, the case may proceed to a jury trial, where a judge and jury will decide the outcome.
Consulting with a knowledgeable Northern Kentucky or Ohio medical malpractice lawyer at TLF can help you weigh these options and determine the best course of action for your situation.
Why Hospitals May Opt to Settle Out of Court
Hospitals often choose to settle out of court in medical malpractice cases for a number of reasons. The most common of these reasons include:
- Clear Evidence of Medical Negligence: When there is strong and undeniable evidence of negligence, it becomes challenging for healthcare providers to defend against the claims. Settling allows them to manage the situation without the uncertainty of a trial.
- Severe or Permanent Injury: Cases involving severe or permanent injuries often lead to substantial compensation demands. The potential for high jury awards in such cases makes settlements more appealing to hospitals because they have a say in how much money the plaintiff receives.
- History of Similar Claims: A hospital with a history of similar claims may opt for settlements to prevent further reputational damage and financial exposure. Addressing claims out of court can help manage the hospital’s public image and avoid the spotlight of a trial.
Do Most Medical Malpractice Cases Settle?
Yes, most medical malpractice cases end in an out-of-court settlement. Settling out of court means that both parties agree to resolve the matter through a negotiated settlement rather than going to trial. This involves the defendant, typically a hospital or healthcare provider, agreeing to compensate the plaintiff without a courtroom battle. They typically do not admit liability.
According to the U.S. Justice Department, over 90% of claims settle out of court.
Pros and Cons of Confidential Settlements
Pros
- Cost Considerations: Confidential settlements often result in lower legal costs for both parties compared to the expenses associated with jury trials.
- Time and Resources: Settling out of court allows the plaintiff to obtain compensation faster and saves significant time and resources, avoiding the extended duration and effort required for a trial.
- Publicity and Reputation: Confidential settlements help protect the reputations of the healthcare professional and the plaintiff by keeping the case details out of the public eye.
Cons
- Publicity and Reputation: While confidentiality can protect reputations, it can also prevent the public from being aware of potential issues within healthcare institutions, possibly allowing repeated negligence.
- Risk of Unpredictable Jury Verdicts: Although avoiding an unpredictable jury verdict is a pro, it can also be a con for the plaintiff, as they might receive higher compensation from a sympathetic jury compared to a settlement. Statistically, however, Defendants prevail at trial in 90+% of jury trials.
How the Settlement Process Works
The settlement process for a medical malpractice case typically follows the following steps.
Initial Consultation and Case Evaluation
The process begins with an initial consultation, during which a medical malpractice lawyer assesses the viability of the case. This involves a thorough review of medical records, gathering evidence, and consulting with a medical review panel to determine if there is clear evidence of negligence by medical professionals. At TLF, our firm provides a detailed case evaluation to help our clients understand the potential for a successful claim.
Negotiation with Hospital Representatives
A medical malpractice lawyer may then negotiate settlements with hospital representatives and their insurance company. They’ll typically present compelling evidence, leverage expert testimony, and highlight the hospital’s risks of going to trial. The goal is to reach a fair agreement that ensures full financial compensation for the plaintiff without a lengthy court battle. Oftentimes, a lawsuit must be file and extensive discovery undertaken for a hospital or medical provider to agree to consider negotiations.
Mediation and Arbitration
Mediation and arbitration can be employed as alternative dispute resolution methods to facilitate settlements. In mediation, the plaintiff’s attorney advocates for the plaintiff by presenting supporting evidence and arguments and assisting in dialogue to negotiate a fair settlement. In arbitration, the lawyer prepares and presents the case to the arbitrator, including evidence and expert witnesses, aiming to prove medical negligence and secure a binding decision for appropriate compensation.
Settlement Agreements
A typical settlement agreement includes components such as the compensation amount, confidentiality clauses, and any other specific terms agreed upon by both parties. The medical malpractice lawyers at TLF ensure that the settlement agreement is in the client’s best interest, providing them with fair compensation and addressing any future needs related to their injury. The lawyers will also help the client consider the risks and benefits of accepting or declining the settlement and moving forward with a trial.
How Much Do Hospitals Usually Settle For?
The amount that a hospital will settle for depends on the specifics of the case. The average medical malpractice settlement is influenced by the severity of the injury, clarity of evidence proving a medical error, and the extent of the plaintiff’s medical expenses and lost wages. Another important factor is the amount of medical malpractice insurance coverage a hospital or medical provider has available for a given claim.
What Happens if a Settlement Can’t Be Reached?
The medical malpractice case will proceed to trial if a settlement can’t be reached.
During the trial, both parties present their evidence and arguments before a judge and jury. The plaintiff’s legal representation will aim to prove that the medical professionals were negligent and that this negligence caused harm. The defendant’s team will more than likely attempt to refute these claims or argue that the standard of care was, in fact, met.
Trials can be lengthy, complex, and costly, with uncertain outcomes.
How Often Do Malpractice Cases Go To Trial?
According to the U.S. Department of Justice, only 7% of medical malpractice claims are taken to trial. That means the vast majority, over 90%, are resolved through settlements out of court.
Pros and Cons of Gong to Trial
Pros
- Potential for Maximum Compensation: Going to trial can result in higher compensation if the plaintiff wins, as state courts may award larger sums than those typically negotiated in settlements.
- Thorough Examination: A trial allows for a comprehensive review of the case, potentially uncovering additional evidence that can strengthen the plaintiff’s position.
- Sympathetic Jury: A jury that sympathizes with the plaintiff’s situation may award higher damages, offering more substantial financial compensation than a settlement might provide.
Cons
- High Court Costs and Financial Risk: Trials are expensive, often with significant legal fees and court costs for both parties. The financial risk is higher, especially if the plaintiff loses and receives zero compensation.
- Lengthy Process: Legal disputes in court can be lengthy and time-consuming, requiring a significant commitment of time and resources from the plaintiff and the defendant.
- Reputational Damage: Public trials can harm the reputations of both the healthcare provider and the plaintiff, exposing private and potentially damaging details to the public.
- Risk of Unpredictable Jury Verdicts: The outcome of a trial is unpredictable, meaning the plaintiff may receive less compensation than expected or lose the case entirely.
What are the Chances of Winning a Medical Malpractice Lawsuit?
The chances of winning a medical malpractice lawsuit depend on various factors, including the strength of the evidence, the clarity of medical errors, and the proficiency of the plaintiff’s legal team.
A successful trial often hinges on compelling medical testimony and detailed medical records demonstrating that malpractice occurred. Cases involving permanent disability or wrongful death tend to be more favorable if there is strong evidence.
Medical malpractice victims should seek the help of a skilled physician malpractice attorney to improve their chances of a favorable result.
Should I Settle My Medical Malpractice Claim?
Deciding whether to settle your medical malpractice claim depends on the unique circumstances of your case.
Medical malpractice occurs when a medical professional breaches the professional duty owed to a patient, such as through a failure to diagnose or other negligent actions, leading to injury or harm. At TLF, our lawyers begin with a comprehensive case evaluation, reviewing all evidence to determine if a breach of duty occurred. We explain the legal process in detail, outlining the potential outcomes of both settling and going to trial.
It’s important to remember when making your decision that while settling outside of court can provide quicker compensation and reduce legal expenses, it may not always cover all your medical expenses and other losses. On the other hand, taking your case to trial can be unpredictable, as you’re essentially leaving your case’s outcome in the hands of the jury.
By presenting the pros and cons of each option, we ensure you are fully informed about your rights and options, empowering you to make the best decision for your situation.
How TLF Helps Ohio and Kentucky Residents With Medical Malpractice Claims
At TLF: The Medical Injury Law Firm, our attorneys advocate for the best possible outcome by thoroughly reviewing all of the factors to identify breaches of professional duty, such as a failure to diagnose or other negligent actions. We start with comprehensive case evaluations to determine the viability of the claim and provide clear communication about legal options and potential outcomes. From there, we are committed to providing personalized and compassionate legal support. We understand that each client’s situation is unique and tailor our approach to meet their specific needs.
With a strong local presence in Northern Kentucky and Cincinnati, OH, our team at TLF is well-positioned to serve residents in these communities as well as throughout the state, leveraging our knowledge of local laws and medical institutions. We are skilled at negotiating settlements with health insurance companies and other parties and representing clients in court to achieve the best possible results. In fact, our experienced medical injury law firm has a proven track record of successful settlements and trial outcomes, ensuring clients receive maximum compensation for all of their associated medical costs, lost wages, and other damages.
Call TLF: The Medical Injury Law Firm for a Free Consultation Regarding Your Case
If you are dealing with the consequences of medical malpractice, TLF: The Medical Injury Law Firm is here to support you.
Our experienced attorneys are well-versed in medical malpractice law and are committed to helping you recover the compensation you deserve for your medical bills and other expenses with personalized, compassionate legal guidance, whether that’s through settlement negotiations or a jury trial.
Call (800) 698-4054 or contact us online to schedule a free consultation and speak with an experienced attorney at our law firm today.