Should you defend against medical malpractice at trial?

Being sued as a medical professional can be incredibly stressful given that your reputation and your career are on the line. Figuring out the best way to approach your case can be similarly challenging. Ideally, you’d move forward with your case and obtain dismissal or summary judgment, or you’d prevail at trail. But there are no guarantees in the legal arena, which is why you have to fully and thoroughly assess your options so that you make the fully informed decision that’s right for you. In the end, this might include settling your case.

How do you determine the best path forward in your medical malpractice defense?

There’s no one-size-fits-all approach when it comes to defending against allegations of medical malpractice. Rather, the unique facts of each case must be scrutinized to figure out which legal strategies will be the most effective. With that being said, here are some of the main considerations that you’ll want to take into account as you try to decide if you should settle or litigate your case:

• The evidence: This sounds obvious, but you’d be surprised at how many people overlook key facts or improperly assess how the plaintiff will use them to their advantage. Therefore, before making any decisions on your case, you need to have a command of the facts and a grasp on the arguments that the plaintiff will raise. Only then will you know whether you can counter those arguments and, if so, how.
• The risks: Your decision ultimately boils down to a risk analysis. What’s the risk of taking your case to trial? It could be a large judgment, irreparable harm to your reputation, or a devastating blow to your licensure. But there might be risks to settling your case, too, including getting hit with consequences that otherwise could’ve been avoided if you prevailed at trial. So, before moving forward with your case, be sure to analyze the risks associated with each of your options in light of the facts so that you can make the decision that’s right for you.
• The publicity: Your medical malpractice trial is going to be public record. This means that if your case goes to trial, whatever alleged misconduct or erroneous acts occurred will be made known. Your name might end up in the news along with misconstrued details of your case, too. Of course, none of that may matter if you win your case at trial, but it’s a consideration you’ll want to take into account if you’re worried that there’s a chance you could lose your case and settlement provides you with some level of confidentiality.
• Your tolerance: Some medical professionals want to put their medical malpractice case behind them as quickly as possible, usually because they don’t have the time, energy, or stress tolerance to deal with prolonged litigation. In those instances, settlement might be a more enticing option. But if you’re eager to have your day in court, then this aspect of your case might not play as big of a role in your decision about how to proceed.

Have a well thought out strategy going into your medical malpractice case

As you probably know, medical malpractice cases are notoriously complex. With so much on the line in yours, you can’t put forth anything less than the best medical malpractice defense possible under the circumstances. That’s why it’s imperative that you take the time needed to build the aggressive and persuasive defense strategy that will best protect your interests and your future. Now is the time to act.