Why Are Medical Malpractice situations Slow to Settle?

One kind of case that lawsuit settlement companies consider for pre-settlement funding is the medical malpractice case. This usually involves personal injury as a consequence of a medical procedure or a surgery. The idea is that the doctor or his staff did something wrong that has damaged the patient in a way that should not have happened. If the case goes to trial and a jury or estimate find in favor of the plaintiff, damages are assessed as a monetary award. The case may go to trial or it may end in a monetary lawsuit settlement payment before that. Many patients that sue the medical healthcare provider are eligible for lawsuit financing by private companies. This money is used to pay for everyday expenses or to cover the additional bills associated with filing a civil lawsuit against a person or company. Medical malpractice situations sometimes take longer to settle than other types of personal injury lawsuits, such as car accidents or slip-and-falls.


One reason these situations are slow or difficult to settle is because doctors and hospitals tend to proclaim their innocence. Many times they consider the complication an innocent mistake or typical complication, not a blatant misdeed or act of malpractice. It is taken very seriously, and for that reason, the hospital and the doctor’s practice may be reluctant to settle, as they may see it as admitting guilt. If a jury or medical board finds that a doctor has breached the standard or care or has committed malpractice, that doctor can lose their right to practice medicine and hospital privileges will likely be revoked. Insurance rates can also be raised or discontinued altogether if a case settles. Since there is so much at stake, the hospital, doctor’s office or insurance company will put up a longer, strong fight than if it was a simple car accident or slip-and-fall injury.


There is more documentation involved in medical malpractice situations. It takes longer for both the plaintiff’s and defendant’s attorneys and expert witnesses to filter by medical records and financial issues resulting from the unsuccessful medical procedure. They must read all of the information provided to have a clear understanding of the case.


There is risk associated with every medical procedure. Some have more chances for complications than others. For this reason, medical malpractice situations are not a simple matter of settling to avoid going to trial or spending more money. Insurance companies may not allow their clients to settle the case if they think there is a chance that a jury will find tat the patient should have known they could have a long-lasting injury associated with the surgery or medical procedure.

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