How Settlement Negotiations Work in Medical Malpractice Cases

Stethoscope and a gavel on a law book

Medical malpractice cases seldom go to trial. Instead, the parties typically settle out of court through negotiations. If you are a plaintiff in a medical malpractice case, you may wonder how settlement negotiations work. Because these cases often involve complex evidence, hiring an experienced medical malpractice attorney who can negotiate on your behalf for a full and fair settlement is crucial. 

How Do Settlement Negotiations Work in a Medical Malpractice Claim? 

Many medical malpractice cases never reach trial because litigation can be time-consuming and expensive. Often, it is more cost-effective for both parties to negotiate a settlement out of court. Nevertheless, insurers may refuse to settle or offer a lowball settlement that does not account for a plaintiff’s total losses. Thus, hiring an experienced medical malpractice attorney often gives a plaintiff the best chance at recovering full and fair compensation. 

A medical malpractice attorney will evaluate a plaintiff’s case and calculate their total losses. Next, they will send a demand letter to the insurers outlining the claims and requesting a specific amount in compensation. 

Some insurance companies use tactics to avoid liability in medical malpractice cases, but an experienced lawyer will be familiar with these tactics and know how to counter them. A lawyer can also negotiate with insurers on the plaintiff’s behalf to seek a fair settlement. 

Key Parties Involved in Medical Malpractice Settlement Negotiations 

Medical malpractice cases often involve multiple individuals and entities, such as hospitals, doctors, nurses, and insurance companies, depending on the circumstances of the case. 

Some of the key parties involved in medical malpractice settlement negotiations include the following: 

  • The plaintiff or injured party 
  • The plaintiff’s attorney 
  • Insurance adjusters
  • The defendants, which may include hospital systems or medical providers 
  • The defendants’ attorneys
  • A representative for the hospital or medical provider  

What Happens If the Insurance Company Won’t Settle?

If the insurance company won’t settle or refuses to negotiate in good faith, the next step may be filing a medical malpractice lawsuit and taking the at-fault parties and their insurers to court. Often, the threat of a lawsuit will motivate an insurance company to settle to avoid the costs associated with litigation. If not, an experienced medical malpractice attorney will prepare your case for trial by filing all the necessary paperwork with the court, investigating the incident, and gathering crucial evidence to build a solid case.

The parties in a medical malpractice suit can settle at any point before a verdict is reached. A medical malpractice attorney may continue negotiating with the insurers to secure a settlement if it is in the plaintiff’s best interest.  

Speak with a Medical Malpractice Attorney Today 

Did you suffer an injury or illness due to the negligence of a medical provider? If so, you could be entitled to compensation for your losses. At Sumner Law Group, LLC, our knowledgeable medical malpractice attorneys are prepared to fight for you at the negotiating table and in the courtroom. 

Contact us today for a free, confidential consultation and learn more about your legal options.

Brent Sumner

Brent A. Sumner is the Managing Partner at Sumner Law Group, LLC. He focuses his practice exclusively on cases that involve serious personal injuries. Over the years, he has successfully represented thousands of individuals and families, recovering millions of dollars in compensation for injured accident victims.