Why Many Medical Malpractice Claims Do Not Settle

If you’ve suffered an injury or illness because of medical negligence, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.

Why Don’t Most Medical Malpractice Cases Settle?

Most medical malpractice cases do not settle because of the complexity of proving negligence and the high stakes involved for both the plaintiff (patient) and the defendant (healthcare provider). Unlike other personal injury cases, medical malpractice cases often involve complicated medical issues that require expert testimony to establish liability. In many cases, healthcare providers and their insurers dispute the facts or argue that the care provided was appropriate, leading to a reluctance to settle. Additionally, many medical professionals and their insurers are prepared to fight these cases in court to protect their reputations and financial interests.

What Makes Malpractice Cases Difficult to Settle?

Several factors contribute to the difficulty in settling medical malpractice cases:

• Complexity of medical issues: Medical malpractice claims typically require expert testimony to prove that the healthcare provider deviated from the standard of care and caused harm to the patient. Medical issues can be difficult for jurors to understand without expert guidance, and medical professionals often dispute the opinions of plaintiffs’ experts.
• Defendant’s defense: In many cases, healthcare providers or hospitals deny wrongdoing. They may argue that the treatment provided was appropriate or that the harm was not caused by their actions but rather by the patient’s preexisting conditions, natural progression of disease, or other factors.
• Emotional and financial impact: Medical malpractice claims often involve life-altering injuries, including brain damage, permanent disability, or even death. As a result, plaintiffs may demand a high settlement amount to cover long-term medical expenses, lost wages, and pain and suffering. Defendants may not want to agree to these high sums, especially if they believe they have a strong defense or the evidence is unclear.

How Do High Settlement Demands Affect Medical Malpractice Settlements?

In medical malpractice cases, malpractice attorneys may demand large sums in settlement to cover their client’s medical expenses, lost income, future care, and emotional distress. However, insurers and healthcare providers may resist agreeing to these high demands, especially if they believe the evidence is weak or that they can successfully defend the case in court. The financial stakes of the case—often in the millions of dollars—make both parties more likely to avoid settling unless there is clear liability or a mutual agreement on the compensation amount. This often results in protracted negotiations and a lower likelihood of a settlement.

Do Insurance Companies Prefer to Settle Medical Malpractice Claims?

Insurance companies may prefer to settle medical malpractice claims, but they often do not want to settle for amounts that are too high. Insurance carriers typically conduct an in-depth investigation to assess the merits of a claim and determine whether settling would be in their best interest. If they believe the defendant can win the case at trial or that the plaintiff’s claim is weak, they may be less inclined to settle. Insurers also factor in the cost of defense, potential reputational damage to the healthcare provider, and the likelihood of winning at trial.

However, some insurers might choose to settle early to avoid the costs of protracted litigation, especially if the case has strong evidence against the defendant or if the insurer is worried about a jury’s reaction.

Are There Situations Where a Medical Malpractice Case Is More Likely to Settle?

While many medical malpractice cases do not settle, there are situations where a settlement is more likely:

• Clear liability: If the healthcare provider clearly violated the standard of care and caused harm to the patient, settlement negotiations may be more successful. This is often the case in straightforward negligence cases, such as surgical errors, medication mistakes, or misdiagnoses.
• Evidence of damages: If the plaintiff has substantial, irrefutable evidence of significant damages, such as catastrophic injury, loss of life, or long-term disability, the defendant may choose to settle to avoid a larger financial payout in court.
• Pre-trial mediation: In some instances, parties may agree to participate in pre-trial mediation or settlement conferences. These proceedings allow both sides to negotiate in a more informal setting and can sometimes result in a settlement if both parties agree to compromise.

Can a Case Still Be Won at Trial Even If a Settlement Wasn’t Reached?

Many medical malpractice cases go to trial, and plaintiffs can still win even if a settlement isn’t reached. Some cases that don’t settle are those where the plaintiff’s legal team believes they have strong evidence and a good chance of winning at trial. A trial allows both parties to present their evidence, and a jury or judge will determine liability and damages based on the facts of the case. However, going to trial can be risky for both sides, and it’s not uncommon for settlement discussions to resume as the trial date approaches.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.