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Accepting Settlement For Medical Malpractice

Personal Injury Lawyer

If you have been harmed because of a doctor’s gross negligence, then you deserve compensation for what you have been through. Taking your medical provider to court is one way to receive restitution, as well as collecting funds for future treatments. Going to trial, however, can be risky and exhausting. Sometimes, it is better to accept a settlement rather than engaging in a protracted legal battle. As a personal injury lawyer offers, here are a few factors that need to be discussed when deciding which path to pursue.

Medical Malpractice Culpability

Doctors are not liable for every outcome to their patients’ health. For instance, pre-existing medical conditions may be exacerbated under even the best conditions. Unwanted medical news does not automatically fall under medical malpractice. And healthcare providers cannot be held responsible for problems they were not treating. Another example is infection; it is simply impossible to eliminate the chance that one develops after invasive surgery. It may be preferable to accept a settlement instead of going to trial, spending exorbitant amounts of money, and then losing. But this is something to discuss with your legal team before moving forward. 

Medical Malpractice Proof

To win at trial, a patient must provide evidence that the defendant caused harm because of irresponsible behavior. Even if you know that your doctor is at fault, showing this in court may be difficult if not impossible. The target of your suit may wish to avoid a lengthy courtroom entanglement by offering cash settlement in exchange for dropping your threat of litigation. In these cases, it often makes sense to accept their proposal. Be sure to always consult with your legal team, similar to the lawyers from Therman Law Offices, LTD, before making any final decisions about your case. 

Medical Malpractice Valuation

There are two matters to consider when placing a dollar figure on the result of medical malpractice. The first concerns tangible medical bills. When the additional treatment that’s required remains finite, calculating this amount is usually a simple matter. If an injury requires treatments far into the future, attaching a dollar figure can be far trickier. A medical malpractice lawyer can pinpoint an appropriate value. 

The second concern is pain and suffering. Determining this subjective amount can be tricky. Who’s to say how much your discomfort is worth? How about the loss of a limb? If you are unable to return to work, you may also argue that you’ve lost anticipated income, which can be difficult to quantify. A medical malpractice lawyer can pick a strategically savvy figure, and then negotiate an amount that more than satisfies your needs.

Realizing a doctor made a mistake is not only terrifying, but can result in painful symptoms and worsened or newly developed conditions. Going to trial over medical malpractice is sometimes the logical decision. In other instances, it makes better sense to settle out of court. This will depend on the case itself, influencing factors, what type of mistake was made, and the total injury and loss inflicted on the patient.  Consult with a medical malpractice lawyer to assess which option is smartest for you.