What can I do if the hospital wants to settle to avoid a lawsuit in an ER malpractice case?

In a case of medical malpractice, your attorney should contact the defense lawyer early on and determine if they are willing to settle and how much they are willing to offer. Settlements are cheaper than court cases; however, losing is a possibility if you choose to go to court. Get your attorney’s advice.

The hospital wants to settle to avoid a lawsuit

When a medical malpractice case occurs, the first step is to consult a competent lawyer who can advise you accordingly. It is the job of the plaintiff’s lawyer to contact the defense lawyer early on in the case. This makes it possible to determine if they are willing to settle the case out of court and how much they are willing to offer.

The reason most medical malpractice cases are settled out of court is that it is cheaper to pay. When a case goes to trial, the average payout is $425K. When a payout is made out of court, it is possible to pay less than that. There are a few considerations that one should make in deciding whether to settle or not:

  • First, you need to determine whether there is already money on the table - this means that the hospital cannot settle without making an offer. If there is no offer, it is likely because the hospital or the doctor involved does not agree with the accusation.
  • The second consideration you should make is about the risk involved and your tolerance for it - when a case goes to trial, there are chances that you may lose.

How can The Law Offices of Sean M. Cleary help you?

If you think you've been a victim of medical malpractice, the most important thing to do is to contact a professional.

A medical malpractice attorney can help get the medical records and present them to an expert for review.

We prefer to lead you towards the choice that has the highest chance of getting compensation.

We also help you consider when the risk of going to trial is worth taking. Call our Miami office today; we are here to help you obtain the compensation you deserve.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.