Your professional career or the reputation of your institution can be on the line when a medical malpractice claim is filed. While there are certainly financial implications involved with a medical malpractice claim, there is a whole host of other damages that can arise, too. As a result, there’s always a question as to whether settling the case is the best way to protect reputational integrity or if it’s better to take the matter to court to have a particular side of the story heard. The answer is very fact specific, but it’s a question that shouldn’t be taken lightly.
But how do you make a determination that’s best for you? In the remainder of this post, we want to look at some considerations that you should take into account as you determine which course of action is right for you.
How to determine if you should settle a medical malpractice claim filed against you
We know that the thought of settlement can make you uneasy. After all, even if you don’t admit fault, it can lead to feelings of guilt, and the financial payout associated with settlement can feel like a gut punch, even if you have malpractice insurance. So, before you take the dive into settlement negotiations, be sure to take the following into account:
- How much information do you want to be public? Your medical malpractice case is going to be public knowledge. And if the specific events in question are litigated in open court, then every mistake you made could be put under the microscope in a public forum. If you haven’t done anything wrong, then that can actually be vindicating. But if you suspect that there’s something in the evidence that could be detrimental to your standing in the professional community, then you might want to consider whether settling is right for you since the facts and the terms of your settlement are then kept as private as possible.
- How quickly do you want to resolve the matter? Medical malpractice claims can take a long time to play out. That said, settlement is going to bring the matter to a close much quicker than litigation will. Of course, you shouldn’t cave on a strong defense, like contributory negligence, simply because you want to get your case over with, but if you simply want to resolve the matter and move on with life without worrying about the stress associated with ongoing litigation, then settlement might be right for you.
- How strong is the case against you? You shouldn’t jump into settlement talks without a firm understanding of the evidence at hand. The strength of the plaintiff’s case and your defenses will give a lot of direction as to how to approach your case. So, make sure you analyze every piece of evidence and every legal angle in your case to ensure you have a command of the facts and an understanding of your likelihood of success should your case go to trial. Hopefully then you’ll have a better idea of whether it’s best to settle your case.
Develop the medical malpractice defense that’s best for you
There’s a lot more that goes into crafting an effective medical malpractice defense than what’s identified above. So before diving into the legal arena, be sure to gain an understanding of what it’ll take to effectively defend yourself against the allegations that have been made. While the ultimate direction of your case is up to you, you want to ensure that you’re making fully informed decisions that are in your best interests. That’s why it’s a good idea to learn the facts, research the law and find guidance to help you craft the most effective legal strategy possible under the circumstances of your case.
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