Sue or Settle with Medical Negligence

Even the most reputable doctors make mistakes. Let’s take a birth injury, for instance. If your baby suffered a birth injury at the hands of your trusted medical providers, doctor liability may very well 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 negligence case, you may have received a settlement offer from the doctor’s or hospital’s insurance company, or both.

Before accepting this offer, it’s crucial that you fully understand what it means to settle medical malpractice cases—and whether a lawsuit would be more advantageous to you down the road. A medical malpractice lawyer has years of experience dealing with cases just like this, and it’s in your best interest to investigate.

Top Reasons to Hire Medical Malpractice Lawyer

Talking to a medical malpractice lawyer who has experience with birth injury lawsuits, can make the difference between getting what you deserve and getting burned. You probably know that the insurance company’s goal is to settle your possible medical negligence claim for as little money as possible. A qualified medical negligence lawyer can help you negotiate with the insurance company to get the best possible settlement for your baby’s birth injury or represent you in court.

  1. Lawyers will help determine whether to accept a settlement.

If you decide to accept a settlement offer from your hospital, doctor or midwife’s insurance company, you’re agreeing to relinquish your rights to sue the party who may be at fault for the medical malpractice case. Your medical malpractice lawyers would be able to explain the specifics of the settlement offer.

  1. A lawyer can tell you the advantages to accepting a settlement offer.

As far as medical malpractice cases, your lawyer will tell you accepting the settlement will resolve things quicker than going to trial. You’ll have faster access to cash for the funds needed to pay for the medical expenses, and the overall legal bill will be smaller than if you go to trial.

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

Before you settle, consider some of the reasons to file a medical negligence lawsuit and take that case all the way to court. For instance, working with medical malpractice lawyers, you may be awarded more money. A report by the U.S. 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 greater than a settlement offer that comes before a lawsuit is filed. A public trial can also reduce the risk of future birth injuries at the hands of medical practitioners, raising awareness for other parents.

Remember though, medical malpractice lawsuits are especially time-consuming and expensive. You must have medical expert witnesses testify that your healthcare provider failed to provide a reasonable standard of care. And you must make a direct correlation between doctor liability and the resulting injury. If you’ve found yourself in a medical negligence situation, whether it be birth injury or any other life-altering result, medical malpractice lawyers can walk you through the pros and cons of suing or settling. It’s so much more economical than going it alone.

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