Many Pennsylvania residents know that medical malpractice cases can be difficult to pursue successfully. These types of cases can involve complex factual scenarios that can be difficult to present to a jury in a trial. However, if the evidence is strong enough, there is a possibility that the case could be settled before it ever has a chance to get to trial.
Both sides – plaintiffs and defendants – will be constantly evaluating the relative strengths and weaknesses of the case. For starters, medical malpractice cases can be based on a wide variety of potential issues: surgical errors, birth injuries, nursing home errors or any other types of medical mistakes. In most cases, the most important factor in determining how the case is resolved is the facts: what actually happened?
From there, a defendant will start to evaluate what the chances are of winning at trial – is it a greater chance than, say, paying a sum of money to the plaintiff to close the case altogether? Will it be more expensive to take the case to trial than it would be to pay an amount in a settlement? Defendants will weigh these factors when the case comes closer to the time to go to trial.
For plaintiffs who are pushing a medical malpractice case toward settlement, there can be advantages as well. The stress of a pending legal matter can be concluded without the need to go in front of a jury to testify. And, the compensation is paid out sooner so that the path to recovery can begin. If you have been the victim of medical malpractice and need advice on how to proceed, you may benefit from speaking with a personal injury attorney.
Source: FindLaw, “Resolution Before Trial: Settlement,” Accessed Feb. 25, 2017