Settling an Anne Arundel County Medical Malpractice Case

In medical malpractice cases, insurance companies sometimes offer to pay a settlement instead of going to trial. Depending on the circumstances, settling an Anne Arundel County medical malpractice case may be in the victim’s best interest.

If you or a loved one suffered as a result of medical malpractice, an experienced medical malpractice attorney could help you weigh your options. They could explore the pros and cons of going to trial and help you decide on the course of action that is in your best interest.

Damages Included in Medical Malpractice Settlements

Options available for a medical malpractice settlement in Anne Arundel will be based on each specific case. For instance, if someone had a misdiagnosis of cancer and they could have been getting treatment for the past year if the doctors had caught it, the settlement options would be based around the medical expenses for the treatment of cancer that perhaps they would not have needed if the diagnosis was done quickly. Damages also may include any lost wages and any kind of pain and suffering within that particular time period.

Wrongful Death and Survival Actions

If the person died as a result of the misdiagnosis, the case would involve a survival action and/or a wrongful death action. A survival action is about the victim’s personal pain and suffering and economic damages. A wrongful death action is brought by the beneficiaries, meaning a spouse, children, and/or parents. In this case, these heirs are bringing an action because of the loss of the victim as a result of the medical malpractice. In other words, the options for settlement depend on whether the person has survived the medical malpractice and is suing for lost wages or medical expenses, or whether the person has died and the family is suing for their loss.

Information Needed for Initial Meeting with an Anne Arundel Attorney

When meeting with an attorney for the first time, an individual should bring their medical record or the record of the person who passed away as a result of the medical malpractice as well as prior treatment records that occurred before the medical malpractice issue. If the person has passed away, the attorney would need the death certificate and the estate paperwork, if an estate has been opened. If an estate has not been opened, attorneys may be able to assist the survivors in opening an estate.

The initial consultation needs to be about the medical records of the doctor or facility that the person may think has committed malpractice. Malpractice lawyers tend to have their own doctors on staff or retainer to review medical records, and they can determine whether or not a malpractice situation has occurred.

Deciding Between Accepting a Settlement and Going to Trial

There is a long process that occurs when deciding whether settling an Anne Arundel County medical malpractice case or going to trial, is the better option. However, medical malpractice lawyers explain all of the benefits and disadvantages of both options.

Benefits of Settling

The victim may not be successful in court, so they may want to settle rather than take their chances in front of a jury. Usually, the malpractice insurance carrier will have their own expert witness testifying that doctors did not breach the standard of care in that particular field. The plaintiff may have their expert denying those claims and testifying that a breach of care did occur. In that case, it comes down to a battle of the experts, so a person needs to weigh the benefits and disadvantages of going to trial in order to determine if they want to take that chance. A settlement may be a relatively good offer that a person does not want to reject.

Benefits of Going to Trial

Someone may refuse settling an Anne Arundel County medical malpractice case and instead go to trial because they have a strong case and the settlement offer does not compensate them properly. If the insurance company makes an offer, it is the victim’s decision whether they want to accept it or go to trial. If the insurance company decides not to make an offer, they may not have a choice but to go trial.

Speaking with an Attorney Before Settling Your Medical Malpractice Case

Before settling an Anne Arundel County medical malpractice case, you should consult with a qualified personal injury attorney. A lawyer could evaluate the strengths and weaknesses of your case and negotiate a fair settlement on your behalf. If the insurance company is unwilling to offer a fair settlement, they could take your case to trial and argue in front of a jury. Call today to schedule your initial consultation and get started.