When a patient suffers harm due to medical negligence, one of the most important decisions they’ll face is whether to settle the case or take it to trial.

If you or a loved one has been harmed by medical negligence, reach out to The Law Office of Dr. Bruce G. Fagel & Associates today. We’ll review your case and help you pursue the path that offers the best outcome for your family.

Settling a Medical Malpractice Claim

Most medical malpractice claims are resolved through settlement before ever reaching a courtroom. A settlement is a private agreement between the injured party and the healthcare provider or their insurer, typically involving a financial payment in exchange for dropping the lawsuit.

Pros of Settlement

  • Faster resolution: Settling avoids the long and often unpredictable timeline of trial, which can take months or even years. For families facing mounting medical bills and emotional stress, a quicker outcome can bring much-needed relief.
  • Privacy: Settlements are typically confidential, which can protect your family’s privacy and dignity. This is especially important in sensitive cases involving childbirth injuries or complex medical conditions.
  • Certainty: You avoid the risk of a jury ruling in favor of the defense or awarding a lower amount than expected. A negotiated settlement provides a guaranteed outcome without relying on the unpredictability of a courtroom.
  • Less emotional strain: Trials can be emotionally draining, especially when they involve cross-examinations or graphic medical evidence. Settling helps families avoid reliving the trauma and spares them from a drawn-out legal battle.

Cons of Settlement

  • Potentially lower compensation: Settlements may offer less than what could be awarded in a successful trial. Insurers often aim to minimize payouts, so the amount offered might not fully reflect the long-term cost of the injury.
  • No public accountability: A settlement does not result in a public finding of wrongdoing, which can feel like an incomplete form of justice for some families. It may also allow negligent providers to continue practicing without repercussions or reform.

Taking a Case to Trial

A trial involves presenting the case in court, where a judge or jury evaluates the evidence and determines liability and damages. While fewer malpractice claims go to trial, this option may be necessary when fair settlement negotiations break down or when justice demands a public airing of the facts.

Pros of Going to Trial

  • Larger verdict potential: If the jury rules in your favor, the award can exceed what would be offered in settlement. This is particularly true in cases involving catastrophic injuries and long-term care needs.
  • Accountability: A trial can result in a public declaration of wrongdoing, which may bring closure or change in medical practices. It can also serve as a warning to other providers, potentially preventing similar harm to future patients.

Cons of Going to Trial

  • Lengthy process: Trials can take years, with the added risk of appeals prolonging closure. This extended timeline can be difficult for families dealing with financial instability and medical recovery.
  • Emotional toll: Recounting traumatic experiences in court can be re-traumatizing for the victim and their family. The legal process may require reliving painful events, undergoing intense questioning, and facing public scrutiny.
  • Uncertainty: There’s always the chance the jury may not side with you, regardless of how strong the evidence may seem. Even strong cases carry risk when placed in the hands of a jury.

Call Today

If you’re considering a medical malpractice claim, it’s vital to weigh all your options with an attorney who truly understands what’s at stake. Call The Law Office of Dr. Bruce G. Fagel & Associates now at (800) 541-9376 or complete our online form to schedule your free consultation today.