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How Many Medical Malpractice Cases Go to Trial?

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When you suffer injuries and damages at the hands of a doctor or other medical professional, it’s normal to consider filing a medical malpractice claim to recover compensation. 

Medical malpractice claims are generally more complex than other personal injury disputes. However, it’s also true that many medical malpractice claims are resolved without ever going to court.

You can learn more about the specifics of settling or pursuing your claim by consulting a personal injury attorney near you at The Law Offices of Casey D. Shomo. 

Why Are Medical Malpractice Claims Settled Out of Court?

Not all claims alleging medical malpractice are litigated in court. In many cases, it’s beneficial to both parties to settle out of court, rather than endure a protracted legal battle that’s ultimately decided by a jury. 

Some of the reasons why medical malpractice claims are resolved out of court include:

  • The Defendant Doesn’t Want to Increase Costs – For a medical professional or their hospital or organization, the costs of engaging an attorney for their defense in court are, well, costly. Because of this, many choose to cut their losses and offer the opportunity to settle out of court. 
  • Litigation Can Be Lengthy – Going through the formal litigation process can take years. For the defendant, this can mean high litigation costs and even a reputational hit. For the plaintiff, the process can be emotionally draining. 
  • Medical Malpractice Litigation Tends to Favor Physicians – Even though many medical professionals would go to great lengths to avoid going to court, there’s evidence to suggest that much of the time, the jury sides with them over the plaintiff. However, when cases are won by the plaintiff, the payout tends to be higher than claims settled out of court. 

These are just some of the reasons why a medical malpractice claim may be settled out of court. What makes the most sense in your case? An experienced attorney will know and can help guide you through the process of suing for malpractice in Florida

Contact a Medical Malpractice Attorney

Find out if settling your malpractice claim out of court or taking it to trial makes sense for you—reach out to a medical negligence attorney with The Law Offices of Casey D. Shomo. 

Call 561-659-6366 or fill out the website form below for more information.