How do settlement negotiations work in a medical malpractice case?
Medical Malpractice cases are some of the hardest cases to win at trial due to complexity of the subject matter and they are some of the costliest cases to take to trial. Furthermore, they odds are not in the Plaintiffs favor that they will walk away with a verdict in their favor. For these factors, many plaintiffs are eager to settle their cases out of court. In order to do, the plaintiff must first have to prove that the doctor was negligent, and the negligence caused the plaintiffs damages. This is no easy task, which is why medical experts are almost always needed to prove these points. If the plaintiff can overcome these hurdles without going to litigation, then it is possible to begin negotiating the value of their claim. The value of a medical malpractice claim includes compensation for all losses sustained as a result of the negligent treatment, including; pain and suffering, lost wages, and decreased future earnings.
In some situations, these values are relatively easy to come up with. For example, a mistake in your knee surgery might have added on a few extra weeks of rehab, but now you are fully recovered. In other situations, these numbers can never be calculated. It would be almost impossible for someone to place a value on losing a limb or losing a spouse. What is even more concerning is that many states have caps on medical malpractice claims.
Even if you could put a numerical value on losing your spouse, your state might tell you that you can only recover at most $250,000. Settlement negotiations in medical malpractice have a lot more at stake and thus are a lot longer and more difficult to negotiate. Having an experienced medical malpractice attorney alongside your side can help you maximize your recovery.
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