According to a medical liability defense lawyer practicing in New York, there are several reasons a physician may choose to settle a case outside of court. For instance, a settlement may be a better option if an expert opinion reveals that the physician failed to provide the reasonable standard of care expected to a patient or if a doctor’s actions are indefensible. Furthermore, if the malpractice insurance is inadequate, it could lead to loss of personal assets in the event litigation results in a high trial verdict.
Additionally, an early settlement could provide for faster compensation to a plaintiff and reduce the overall cost of a case. A trial may be lengthy, but a settlement offers a quick relief to both sides from the stress and burden of the litigation process.
However, a settlement offer in a medical malpractice case could have lasting implications on a doctor’s career, according to lawyers. By law, several states require that physicians report settlements to both medical staff and the hospital, and in some cases, the outcome could result in peer-review actions. Moreover, doctors are also required to report to state insurance departments and licensure boards, which could also lead to additional investigations against the physician and higher premiums.
Individuals whose conditions have worsened or who have suffered additional injuries due to surgical errors may be able to recover restitution for any additional medical expenses, lost wages and pain and suffering. A personal injury lawyer with knowledge of medical malpractice law may evaluate a patient’s case to determine whether compensation might be warranted.
Source: Family Practice News, “Settling a malpractice suit is seldom a straightforward decision“, Alicia Gallegos, August 12, 2014
Source: Family Practice News, “Settling a malpractice suit is seldom a straightforward decision“, Alicia Gallegos, August 12, 2014
