Are you looking to start settlement negotiations in a medical malpractice lawsuit? Cases of medical malpractice are more common than most people realize.

Victims of medical malpractice may find it challenging to receive compensation for the injuries they suffered by filing a lawsuit and taking it to trial.

Along with hiring the right legal representation, it’s important to learn more about receiving fair compensation after filing a medical malpractice lawsuit.

Medical malpractice cases are different from traditional personal injury lawsuits, so it is important to hire an attorney who has prior experience with these cases.

Proving Causation and Negligence

Before an attorney can determine the value of your losses, it’s required that you prove two things:

• The medical professional or doctor was negligent
• Their negligence resulted in your losses and injuries

While the requirements seem simple enough, and even if you know something happened, proving them can be challenging.

To prove negligence, you must gather evidence that shows the medical professional or doctor did not act with due care. This means they did not provide the standard of care another doctor with similar experience, education, and training would have.

Settlement Negotiations in Medical Malpractice

It’s also necessary to provide proof of generally accepted medical practices specific to the time and location where you were harmed. For example, doctors cannot be considered negligent for a procedure that was not an accepted medical practice until after the date your injury occurred.

Causation is even more complicated to prove than negligence. For example, patients may have had an underlying medical condition that was not the fault of the negligent doctor. However, the doctor may still be held liable for injuries and losses if they prolonged or exacerbated the condition.

The Impact of Contributing Factors

Another issue that may occur for victims of medical malpractice is something called contributing factors. For example, medical professionals may not have diagnosed a condition that made surgery necessary but can’t be held liable if the patient reacted badly to the anesthesia.

The injury must be related to some type of misdiagnosis to have a valid medical malpractice claim.

Negotiating Your Medical Malpractice Claim Value

Once it is determined that a medical professional or doctor is liable for your injuries, the value of your claim can be negotiated. The value may include compensation for all losses you experienced because of subpar medical care. Some of the most common losses you can recover compensation for include:

• Lost wages from being unable to work
• Pain and suffering
• Loss of future earning capacity

Settlement Negotiations and Medical Professional Approval

The doctor or medical professional’s insurer normally settles claims for minor situations no matter if they accept fault. For medical malpractice cases, though, medical professionals sometimes decide if the settlement is approved, unlike other personal injury cases.

That’s because settling has a direct effect on their malpractice insurance. If the medical professional believes they did nothing wrong and did not cause harm, it is almost impossible to settle without going to court.

Seek Legal Help for Your Medical Malpractice Case

If you have experienced an injury due to negligent treatment, it is recommended that you reach out to legal professionals for assistance. The lawyer can work to ensure proof of negligence is proven and that you receive the compensation you deserve for the injuries and damages you suffered.

Most medical malpractice lawsuits result in negotiated settlements. To improve your odds of achieving the desired outcome, having legal professionals is highly recommended.

If you are starting settlement negotiations in a medical malpractice lawsuit, make sure to speak to a law firm near you.

The Largest Settlements in Medical Malpractice Cases

Medical malpractice cases often result in some of the largest settlements in the legal world. These cases hinge on proving negligence or incompetence by healthcare professionals, leading to patient harm.

High settlement figures reflect not just the severity of the harm but also the complex nature of medical procedures and the expectation of trust placed in healthcare providers. Let’s delve into an exploration of these cases, highlighting the factors that contribute to their magnitude.

The trend in medical malpractice suits tends toward substantial settlements. This is partly because the damages involved often include lifelong medical care, loss of income, and pain and suffering. In many high-profile cases, punitive damages also come into play, punishing egregious medical errors.

A notable case is the Johns Hopkins Hospital settlement of $190 million in 2014, involving invasive gynecological examinations. This case underscored not just the physical harm but the gross violation of patient trust and privacy.

Diverse Causes, Uniformly High Stakes

Medical malpractice covers a broad spectrum of issues. Misdiagnosis, surgical errors, and childbirth injuries are common grounds for these lawsuits. Each case is unique, yet they share a common thread: the profound impact on the patient’s life.

Misdiagnosis, for example, can lead to unnecessary treatments or delay proper care, significantly worsening a patient’s condition. Surgical errors, on the other hand, may have immediate and devastating consequences, demanding high compensation.

Insurance companies play a significant role in medical malpractice cases. They often handle settlements on behalf of healthcare professionals or institutions. Their involvement can mean lengthy negotiations, as they aim to minimize payouts.

However, given the stakes involved and the public attention these cases attract, settlements are often substantial. This is partly due to the aim of deterring future negligence and partly to compensate for the extensive damages suffered by patients.

The Legal Landscape: Complex and Contentious
Navigating Through Legal Complexities

The legal process in medical malpractice cases is notoriously complex. Plaintiffs must prove that a healthcare provider’s action or inaction directly caused harm.

This often involves intricate medical evidence and expert testimony, contributing to lengthy and costly legal battles. The complexity of these cases also means that when settlements are reached, they are often significant, reflecting the resources expended in the legal fight.

There is an inherent power imbalance in medical malpractice cases. Patients, often in vulnerable positions, face off against well-funded healthcare providers and powerful insurance companies.

This David-versus-Goliath scenario sometimes leads to settlements that are as much about sending a message as compensating the victim. The settlements act as a deterrent, a warning to healthcare providers about the consequences of negligence.

The Ethical Dimension

There’s a strong ethical dimension to these settlements. They often bring to light systemic issues in healthcare, prompting reforms and policy changes.

For example, a large settlement may lead to revised medical protocols or increased scrutiny of medical practices. In this way, these settlements have a broader impact beyond the individual case, contributing to safer healthcare practices.

There is a growing call for transparency in the handling of medical malpractice cases. This includes clearer reporting of incidents, more open communication between patients and healthcare providers, and public access to information about malpractice settlements.

This trend towards transparency could lead to more informed patients and, potentially, a decrease in medical errors.

Settlement Negotiations in Medical Malpractice

As medical technology advances, the nature of malpractice cases is also changing. With the advent of telemedicine, artificial intelligence in diagnostics, and robotic surgeries, new types of malpractice claims are emerging.

These technological shifts could lead to different considerations in settlements, including questions about liability when technology is involved.

Patient advocacy is becoming increasingly important in the realm of medical malpractice. Advocacy groups are pushing for more patient-centered care, better communication, and greater accountability in the healthcare system.

These efforts could lead to a more balanced power dynamic in malpractice cases, potentially influencing settlement outcomes.

Author: Taylor Burrard, Medical Malpractice Attorney