When to Settle in a Medical Malpractice Case

Taking a medical malpractice case to trial can be quite risky for both sides, because a jury may award a large sum in damages, or they may award nothing. Juries are inclined to that believe doctors try to do the best job they can, and days of medical testimony may leave the jury confused about exactly what went wrong. The advantage of a settlement is that there is far less risk, and the amount of payout is known. A trial can be an exhausting experience for all parties involved. There may be unexpected surprises, and unless you have employed the somekeyword, things may not go as well as the plaintiff hoped that they would.

Most of the risk in taking a case to trial is due to the fact that juries are unpredictable. Attorneys select the jury prior to trial in a process called voir dire, and they try to eliminate jurors who may be biased. This process is not perfect, and jurors may not fully disclose all the information that could affect their decisions. The same case tried in front of different juries in exactly the same way could yield remarkably different results. Jurors tend to be more sympathetic to certain plaintiffs, especially children and the elderly.


Taking a settlement may depend largely on whether the settlement is fair for your case. A very devastating medical malpractice mistake can affect you for the rest of your life, and it is important to consider economic factors such as future medical bills, whether you will need specialized medical care or special equipment in the future, and whether you will be able to return to work at some point. Also consider emotional factors, such as how much pain you suffered, and whether you were disfigured by the incident. Consider how your family was affected and whether you are able to perform the same duties for your spouse or doing childcare that you were before the events leading to the medical malpractice claim. These factors are all relevant to your claim and can influence a jury's decision. If the settlement is not adequate to cover future costs for your injury, it probably is not adequate for your claim, and going to trial may be the best option in your case.

Every medical malpractice case is unique, and it is important to speak with your attorney about whether the somekeyword is a fair offer for your case. Usually, the best time to settle occurs right before trial, because the other side has reached the highest offer they are willing to make. While it may be tempting to settle the case early when you are in need of cash, waiting until discovery is completed is essential.

Ranking: 5