Will My Med Mal Case Settle Out of Court?

It is impossible to answer the question of whether or not your medical malpractice case will settle out of court without reviewing the facts of your case. Even upon review of your case, there are so many factors that come into play in a medical malpractice case that there really is no way to know for sure either way. This is especially true if your attorney is committed to seeing that you are fully compensated for your injuries rather than focusing on getting a quick settlement. Some factors that may move your case towards settlement and some that may move your case away from settlement are listed below.

Reasons your case may settle:

  • Smaller claim – If your claim is relatively small, the defendants may prefer to avoid the time and expense involved in taking a case to litigation in exchange for providing a small payout to you.
  • Strong case – Your attorney will review the facts of your case and conduct an investigation. He or she will likely hire a medical expert witness to review important facts and provide an opinion as to whether or not malpractice has occurred. This will help to establish the strength of your case. The stronger your case is, the more concerned the defendants may become in terms of the time and expense involved in litigating your case, and they are likely to be even more concerned about the possibility of a very large jury verdict in your favor. This may push the defendants to settle the case for a fair amount.
  • Limited medical malpractice cap on jury awards – Some states have strict monetary caps on medical malpractice recoveries, but Pennsylvania is not as strict. Plaintiffs are not limited by a cap on recovery for compensatory damages such as lost wages, pain and suffering, and medical bills. Punitive damages are harder to get in Pennsylvania and those are capped at two times the amount of compensatory damages awarded to the Plaintiff. Again, if you have a strong case and combine that with Pennsylvania’s somewhat limited monetary caps, the defendant may prefer to settle rather than take the risk of a large jury award.

Reasons your case may not settle:

  • Defendants refuse to settle at all costs – Sometimes defendants simply do not want to admit fault and do not want to settle a claim. In a case where defendants are simply not willing to settle (even when they should), it is going to have to go to trial.
  • Weak case – If a plaintiff’s case is weak, defendants are going to be less likely to settle. They often would rather take their chances at court when the case is weak because the plaintiff does not have a good chance of recovery.
  • Defendants’ offer is unreasonably low – Defendants may be willing to settle, but if their final offer is too low, your attorney may advise you to take your chances with trial, especially when you have a strong case with strong facts and expert witnesses.

If you have suffered an injury due to medical malpractice, contact Philadelphia medical malpractice attorney, Eric Weitz, to schedule a consultation. Our medical malpractice team will review the facts of your case, evaluate the strength of your case, and discuss possible recovery options with you. If you have suffered due to medical malpractice, you deserve to be fully compensated for your injuries.



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