Medical Malpractice Claims: When to Settle & When to Fight

Medical Malpractice Claims: When to Settle & When to Fight

Most practicing physicians will face allegations of medical malpractice at some point in their careers. According to The New England Journal of Medicine, 75 percent of providers in low-risk specialties will face a claim by 65 years old, as will 99 percent of physicians in high-risk specialties such as neurosurgery and thoracic-cardiovascular surgery.

Facing a lawsuit is not really a question of if for most providers but, rather, of when. If you recently found out that one of your past patients is filing a claim, you may be wondering whether it would be best to settle or to fight it. The answer ultimately depends on the specifics of your case, and the best way to determine how to proceed is to speak with a medical malpractice defense attorney.

The lawyers at Lubell Rosen have extensive experience representing healthcare providers and medical facilities in complex, high-stakes medical malpractice claims. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense lawyer.

When Should I Consider Settling a Medical Malpractice Claim?

Most cases that result in a payout for the claimant are settled out of court. During settlement negotiations, both the claimant and defendant have some control over the proceedings; however, during a trial, a jury will decide the final outcome.

Therefore, it is wise to attempt settling if you would be unlikely to win your case at trial. For instance, your case may be challenging to win if there is substantial evidence of malpractice and medical specialists or witnesses corroborate the claimant’s case.

When Should I Fight a Medical Malpractice Claim?

Your attorney will advise you to fight the claim if there is no evidence that medical malpractice occurred and you have adequate records demonstrating that you provided a reasonable standard of care. Even if malpractice did in fact occur, your lawyer might advise you to fight the claim if the claimant’s demands are unreasonable.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Attorney in Florida 

If you have been accused of medical negligence, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. We are well versed in the laws and procedures that govern medical malpractice claims in Florida, and you can rely on our experienced legal team to secure the best possible outcome for your case. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation.

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