Should I Settle a Medical Malpractice Case Out of Court?

If you or a loved one have been injured due to the careless or negligent actions of a medical professional, you may need to seek legal assistance and file a medical malpractice lawsuit. However, there are several ways that a lawsuit can go. Some people choose to settle with the person who harmed them out of court while others take their case to trial. At The Weitz Firm, LLC, we are ready to help you make the choice necessary to secure the most compensation for what has happened to you.

Do you even have to file a lawsuit?

In almost all cases, if you are harmed due to a medical mistake, you will have to file a medical malpractice lawsuit in order to secure compensation. Once you or your attorney put a negligent healthcare provider or their insurance carrier on notice that you are making a claim, the insurance carrier will likely force you to file a lawsuit and comply with all formal notice requirements for medical malpractice claims – in other words, jump through the hoops.

As the lawsuit is ongoing, you or your attorney can try to negotiate a settlement with the negligent provider’s insurance company. A doctor may not want to settle, though, because doctors are required to report medical malpractice settlements. They do not want to affect their licensing, future employment opportunities, or insurance rates.

At any time while a case is ongoing, the two sides can settle. However, if you have a strong case, a settlement may be for far less than you could get by taking the negligent provider to trial. When you take a settlement, you agree that you will seek no further damages in the case.

The decision on whether or not to settle relies on the strength of your case. If your attorney thinks you have strong evidence that medical malpractice was committed, and you suffered losses due to the medical mistake, settling out of court could mean you are short-changing yourself.

What are the statistics behind medical malpractice?

Many people do not realize that medical mistakes are now the third leading cause of death in the US. Johns Hopkins researchers say that as many as 250,000 people are killed each year due to medical errors, though millions more survive the mistakes and are left dealing with the consequences.

Let us get to work on your behalf

If you or a loved one have been harmed due to the careless or negligent actions of a healthcare professional, please seek legal assistance as soon as possible. At The Weitz Firm, LLC, our knowledgeable and experienced team is ready to get to work on your behalf. We will help you decide whether you should settle out of court or take your case to trial. Our interest is ensuring that you receive fair compensation for what has happened to you. When you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.