Do hospitals and doctors typically settle out of court to avoid going to trial in a medical malpractice case?Return to FAQ Videos
Whether or not your case ends up going to trial, or gets settled before trial, is unfortunately very unpredictable. It’s generally decided on a case by case basis, and there’s a lot of different factors that play a part. We never take a case, assuming from the beginning, that it’s going to settle. We only take cases that we believe we can take to trial and successfully win. The factors that play a part into whether or not settles can include the insurance company. In many cases there is an insurance company that provides insurance to the doctor, and it’s often the insurance company that’s making the decision – whether the case will be settled and for how much. There is also the defense attorney. The defense attorney representing the healthcare provider may have a lot of input as to whether or not the case settles. There’re many times we have cases that we consider to be really strong, but you would be surprised at how persistent, sometimes, the defenses are. That may make a case drag on and frequently go to trial. Another factor that could play a part in whether or not a case settles is the healthcare provider, or the doctor him/herself. There is such a thing as a consent insurance policy. Those policies require that the insured – the doctor, decide whether or not a case gets settled and for how much. In the end, there are a lot of factors that play a part in whether or not a case is going to settle. We’re trial attorneys and are prepared to take the case to trial, or settle it, if that’s in your best interest.