Today we will talk about settlement of a medical malpractice case, with the focus being when can the case settle? Over the last couple of days, I have gotten questions regarding this topic. From YouTube to speaking with other people offline settlement of medical malpractice cases is an important topic.
Please remember however, that the information I am providing will be general in nature. If you have specific questions regarding this issue, please speak with your attorney regarding the specifics surrounding your case and circumstances.
Why Settlement Can Be Good
When cases can settle without the need for trial sometimes that can be a good thing. One reason is that during a settlement the parties to the case get to determine the value of the case. When the case goes to a jury the value of that case is determined by the jury.
Even though the plaintiff, the person bringing the case, may have an idea as to what they think the value of the case should be, a jury may not agree. In some cases a jury may say that the case is worth less than what the plaintiff wants or the jury may say that the case is worth more. The fact of the matter is that there is no way to know for certain how much value, if any, a jury will place on a case.
What was just said about the plaintiff is the same for the defense, or the people and or entity being sued. They may think that their position requires that the jury give nothing, or little to the plaintiff. Maybe the jury agrees, but maybe not. The jury could possibility even give the plaintiff more than they initially asked for, as supported by the evidence.
When a case can settle, these variables regarding the jury are taken off of the table. As I said before, the parties will be the ones during settlement to determine an agreed-upon value of the case.
Settlement Of A Medical Malpractice Case
As to the question of when a medical malpractice case can settle, the short answer is that it can settle any time during the process. This is what can cause hang-ups for people. In general, there is no magic time in which a case can settle. As a matter of fact, as the evidence begins to take shape during discovery, attorneys may start to reach out to each other regarding possible settlement/mediation negotiations.
So, if say, after your deposition, your attorney alerts you that the other side may want to settle the case, in general there is no rule against that occurring. Just make sure that if you are represented that you speak with your attorney about the pros and cons of settling your case. For instance, you might want to know is the number the other side is offering meets the damages that you have in the case. There are more issues too, but this is just an example of a possible line of thinking.
If you would like to speak with me further my contact information is below. I would be happy to talk with you further about these issues.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP