Medical Malpractice Cases: Settlement Versus Lawsuit
The attorneys at Cardaro & Peek can assess your medical malpractice case to determine if seeking a settlement or lawsuit is the better course of action.
If you or a loved one has been impacted by medical malpractice, you are entitled to receive compensation. Firstly, you should seek the counsel and representation from the right medical malpractice lawyer . Your unique medical malpractice case requires the expert knowledge only experienced lawyers and medical experts can offer. Once the investigation of the incident is completed, most people can have their malpractice cases resolved in two ways: either through a settlement or a lawsuit. Read on to learn more about these two approaches to receiving compensation for medical malpractice.
Do You Have A Medical Malpractice Case?
The injuries or damages sustained from wrongful or negligent treatment may seem like grounds for a medical malpractice case. However, the attorney needs to review the individual case to determine if the situation can be considered as a medical malpractice case. Doing this requires proving a few key elements , including a doctor-patient relationship, the doctor was negligent, the negligence resulted in injuries, and damage was suffered as a direct result of those injuries.
Your attorney can assess the case and present different courses of legal action.
Out-Of-Court Settlement
Negotiating a settlement out-of-court is common for most cases. Over 95% of malpractice claims end in settlements. Claimants are not guaranteed to have more favorable results or get a more substantial award if they take their medical malpractice case to trial. A 2013 study found the average out-of-court settlement amounted to $425,000, but due to the multitude of variables in each individual claim, the compensation awarded varies significantly case by case.
A Lawsuit and Going to Trial
Filing a lawsuit does not mean that your case will go to trial. It is just the first step in a long process, and should be done as soon as possible, to ensure the statute of limitations on your case does not expire. Depending on the circumstances, your attorney may believe your case has the potential to go to trial. If so, be prepared to wait. It can be anywhere between a few months to over a year before your case will be heard in court. Many final verdicts have been found to favor the healthcare provider, as much as 79.6 percent of cases between 2002 and 2005. However, awards for patients that were favorable verdicts in 2013 averaged more than $1 million. Of course, plaintiffs should be aware that there is a medical malpractice cap for seeking compensation for non-economic damages in a medical malpractice case.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.
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