4 issues when considering a medical malpractice settlement

A medical malpractice lawsuit can leave you on edge, and for good reason. A claim that’s successful against you can hit you with significant damages that lead to increased medical malpractice insurance premiums and extensive out-of-pocket costs.

It can also severely damage your reputation. While you’ll want to avoid those consequences as much as possible, sometimes the facts simply aren’t in your favor.

If you’ve found yourself here, then you’re probably wondering whether settling the medical malpractice claim that’s been filed against you is in your best interests.

That’s a question that only you can answer in light of the facts, but there are some key considerations that you need to take into account when deciding whether settlement is right for you.

Key considerations when determining whether to settle a claim

Given the stakes involved, the decision to settle your medical malpractice case or take it to trial shouldn’t be made lightly. Therefore, as you prepare yourself to enter negotiations and prepare for litigation, you should pay particularly close attention to these issues:

1. The plaintiff’s claimed damages: Before you can have a meaningful dialogue about settling a case, you need to know not only the compensatory damages that the plaintiff seeks but also the actual extent of their harm. You’ll want to look for ways to minimize those damages, too, which may include assessing whether part of their claimed harm pre-existed the incident in question, whether their injuries are as severe as they claim them to be, and what ongoing treatment will actually cost. This information may give you leverage during settlement negotiations and litigation.
2. The strength of the plaintiff’s experts: If your case goes to trial, then the plaintiff is probably going to present testimony from one or more experts to support their position. By researching these experts ahead of time, you can gain a better sense of the value of that testimony and the amount of weight that a jury might assign to it. You might also be able to identify ways to attack the credibility of those witnesses.
3. The justifications for the actions in question: Sometimes medical malpractice claims are brought forth simply because a plaintiff misunderstood the risks associated with their care or what their procedure entailed. Therefore, you’ll want to analyze whether the patient made a fully informed decision and whether your actions were in line with the course of treatment to which the plaintiff consented.
4. The risks associated with public perception: While much of a medical malpractice claim is focused on money, the truth is that it can have a tremendous impact on your career. Therefore, before deciding whether to settle your case, you should carefully consider how each avenue could affect your standing in the profession and in the community you serve. You might find that one path is better suited to protect you than the other.

Are you ready to consider your next steps?

With so much to think about, it can be easy to feel overwhelmed and worried about your future. But that’s why you should devote the time needed to carefully consider your case and how best to protect your interests. By doing so, you can formulate a strong medical malpractice defense that best positions you for success.

If you’d like to learn more about how to develop the medical malpractice defense that’s right for you, then please continue to read up on this area of the law and some of the common defense strategies that might apply to you.