A medical malpractice lawsuit is very demanding for the victim (plaintiff) since it requires them to have good understanding for law and medical practice. Additionally, a lawsuit requires a lot of financial resources to pursue it successfully. These cases are also subjected to lengthy proceedings.
However, hiring an experienced medical malpractice lawyer not only helps you file the right medical malpractice claim against a negligent medical practitioner, but also ensures that all the heavy lifting (collecting evidence and arguing a case) is done on your behalf.
A medical malpractice lawsuit is usually settled with monetary compensation to the plaintiff.
In this article, we will discuss the procedure of negotiating a settlement in a medical malpractice claim.
What You Need to Do Prior to Settlement Negotiations?
Despite of litigations having a better chance of awarding a larger settlement, most medical malpractice claims are preferably settled out of court since the costs and time required to push a litigation till a verdict is delivered are quite significant.
Settlement negotiations are usually made when your medical malpractice lawyer Michigan has built an air-tight case against a negligent medical practitioner. The chances of the defendant offering a settlement deal are also high when they need to protect their reputation.
However, your medical malpractice lawyer has to prove the following before they can propose a settlement deal to the defendant;
- Duty of Care
Filing a medical malpractice lawsuit in court usually involves suing a medical practitioner.
Therefore, your medical malpractice lawyer should establish the defendant as a professional in the medical field before filing a claim against them.
- Breach of Duty
Your medical malpractice claim is primarily based on the medical practitioner’s negligence, and on them providing healthcare services that are below the expected standards. Such negligence include making basic errors during a surgical operation.
- Causation
The most important aspect of a medical malpractice lawsuit is proving that the injuries you have sustained are a direct result of the medical practitioner’s breach of duty.
Proving causation is a very detailed process that usually involves gathering a lot of compelling evidence, including lining up expert witnesses and collecting medical reports.
Successfully proving causation backs the defendant against the wall, leaving them with limited choices, among them agreeing to a settlement.
- Damages
The amounts of money awarded in a medical malpractice claim are as a result of the damages incurred from the injuries. The damages are often economic, where one incurs significant quantifiable damages such as medical expenses.
Damages may also be non-economic and unquantifiable, such as mental distress.
Therefore, it would help to have well documented medical bills, seeing that they are crucial evidence in establishing the damages value.
How Do You Negotiate a Settlement in a Medical Malpractice Lawsuit?
Once your medical malpractice attorney lays a solid foundation for your medical malpractice claim, they can use these facts as leverage to drive a hard bargain during the settlement negotiations. Most medical practitioners prefer settlements over litigations in court.
However, there is a limit to the amount of money your lawyer can ask for in a settlement negotiation.
How are Settlements Valued in a Medical Malpractice Claim?
Perhaps the most important aspect of a settlement negotiation is placing an amount on your injuries.
There is no standard formula for determining how much your injuries are worth, especially for non-economic damages. In an emotional distress, for instance, the damages will be valued depending on how well your lawyer quantifies the opportunity cost.
A strong case is more likely to attract a larger settlement amount than a weak case. Your lawyer may also make an offer based on the settlement of previous cases of the same nature as your case.
Economic damages, on the other hand, are easily valued because they are easily verifiable, either through receipts or medical bills invoices.
Conclusion
Medical negligence is often associated with pain and suffering. Once you have enough evidence of the medical malpractise, it is recommended that you strive to get monetary settlement deal instead of going to trial.
