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Do Most Medical Malpractice Cases Settle?


Sadly, the answer to this controversial question is yes. Most medical malpractice cases are settled. While you can easily file a medical malpractice claim due to incorrect diagnosis or treatment, there is no guarantee that the medical professional will be immediately found guilty of it. 

Only a few–less than 10 percent–of medical malpractice lawsuits go to trial. Meaning a whopping 90 percent of the medical malpractice claims are dropped, dismissed, or settled. This is why you should hire the best medical malpractice lawyers to file a case against a medical professional. 

How often do doctors win against such claims?

More often than you think, actually. This is why most people settle.

A study in Clinical Orthopaedics and Related Research stated that doctors win between 80% to 90% of medical malpractice lawsuits that go to the jury. This is due to the evidence of the medical malpractice claim being weak. Doctors can also win the trial because the claim is considered “borderline” medical malpractice by the jury. Lastly, doctors win about half of the trials that have strong evidence of the claim.

Most patients that experienced medical malpractice, especially if it is known that doctors have more advantages in court. This is why settling is a famous option because aside from the financial compensation from the doctor or hospital, they will not have to spend time in court. 

Can I still win the case?

You can if you have the strongest evidence and technical knowledge to support it. All medical malpractice cases are specialized, which immediately puts anyone at a disadvantage if they are not well-versed in the medical world. This is also a reason why doctors win almost all the time, even if they have strong evidence against them. Doctors are medical professionals, so they know their way around malpractices they supposedly committed. 

Also, you have to be extremely patient with the process. Filing a lawsuit is no joke because cases can go on for months to years. Some patients cannot bear that for long, so they just give up and settle. If you’re serious about seeking justice for the malpractice you’ve suffered, make sure you have reliable witnesses, the finest proof, and the best medical malpractice attorney on your side.

Medical malpractices should always be punished. Lives are at stake every time medical professionals provide treatment or even just a diagnosis. One wrong step will automatically endanger a person’s life. While settlement looks like a great option because of the huge financial compensation, money can never replace the life lost due to medical malpractice. Also, it is only proper that healthcare providers that gave a wrong diagnosis or treatment once should be out of service so they will not do it to another patient again. 

Do not hesitate to contact a medical malpractice lawyer and submit a claim if you believe that somehow you are a victim of a medical malpractice. You will not only do yourself justice, but you will also do justice to others.