Suing or Settle with Medical Malpractice

May 17, 2022 0 Comments

Even the most respectable doctors make mistakes. Take a birth injury, for example. If your baby suffered a birth injury at the hands of her trusted medical providers, physician liability may be to blame. While the emotional trauma is hard enough to bear, it is your right to start considering the legal and financial repercussions.

As part of your medical malpractice case, you may have received a settlement offer from the doctor’s or hospital’s insurance company, or both. Before you accept this offer, it is crucial that you fully understand what it means to settle medical malpractice cases and whether a lawsuit would be more advantageous to you in the future. These attorneys have years of experience with cases like this, and it is in your best interest to do your research.

Top Reasons to Hire Medical Malpractice Lawyers

Speaking with malpractice attorneys who are experienced in birth injury lawsuits can mean the difference between getting what you deserve and getting burned. You probably know that the insurance company’s goal is to settle your potential medical malpractice claim for as little money as possible. A qualified medical malpractice attorney can help you negotiate with the insurance company for the best possible settlement for your baby’s birth injury or represent you in court.

1.) The attorneys will help determine if a settlement is accepted.

If you decide to accept a settlement offer from your hospital, doctor or midwife insurance company, you are agreeing to give up your rights to sue the party who may be at fault in the medical malpractice case. Your malpractice attorneys will be able to explain the details of the settlement offer to you.

2.) An attorney can tell you the advantages of accepting a settlement offer.

When it comes to medical malpractice cases, your attorney will tell you that accepting the settlement will resolve things faster than going to trial. He will have quicker access to cash for funds needed to pay for medical expenses, and the overall legal bill will be less than if he goes to trial.

3.) An attorney can help you determine if you should go to trial.

Before you settle, consider some of the reasons for filing a medical malpractice lawsuit and take that case to court. For example, if you work with medical malpractice attorneys, you may receive more money. A report from the US Department of Justice shows that the average trial award in medical malpractice cases is more than double the settlements offered after a lawsuit is filed and many times higher than a settlement offer that is filed before a lawsuit is filed.

A public trial can also reduce the risk of future birth injuries at the hands of doctors by raising awareness among other parents. However, remember that medical malpractice law is time consuming and expensive. You must have medical expert witnesses testify that your health care provider failed to provide a reasonable standard of care. And you must make a direct correlation between the doctor’s liability and the resulting injury.

If you have found yourself in a medical malpractice situation, whether it is a birth injury or any other life-changing outcome, medical malpractice attorneys can explain the pros and cons of suing or settling. It is much cheaper than doing it alone.

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