Typical personal injury claim settlements are quite different to medical malpractice settlements. Medical malpractice cases might function like the settlement of a personal injury case, but for the most part, the conditions associated with the civil injury case are specific to the jurisdiction. A settlement through a malpractice claim might be more difficult to achieve than other personal injury cases due to the requirements that the insurance companies and the state may have.
There are different phases throughout a medical mistake settlement, each of which has their own specifications and requirements. If these requirements are not fulfilled and followed thoroughly, it diminishes the chances that the plaintiff would be able to recover anything. The required process for a settlement involving a personal injury endured by a medical professional can be learned with the help of an Orlando mistakes in the medical field lawyer from Percy Martinez Law Firm. Both parties will agree upon a certain amount that will only be ensured if the plaintiff has a successful claim. Sometimes, it is better to reach a settlement than having the case go to trial. The pros and cons must be outweighed.
Process During a Settlement
Described below will be the process for a settlement for medical malpractice occurrences:
Arriving at an Agreement: This is called the “negotiation” period. This is the phase where the plaintiff and defendant agree upon and certain amount depending on the damages that the plaintiff obtained. Giving a number to the economic damages is the simple stage, but once the non-economic damages have to be calculated, the plaintiff and defendant can have two very different ideas as to what the appropriate compensation would be for damages like pain and suffering.
Physician’s Approval: Medical malpractice settlements must often be approved by the settling doctor, unlike other personal injury claims like a vehicle collision. With these cases, the defendant’s insurance company can decide the settlement, but in a medical malpractice claim, a medical professional has the last say as to whether the case will be settled or not. Unlike many personal injury cases, malpractice settlements lack the confidentiality that most cases have, which negatively affects the amount of money that the physician must pay for medical malpractice insurance.
For this reason, many doctors prefer going to trial than reaching a settlement and risk a rise in their insurance costs. In addition, most physicians will fight if they believe that they did not commit a malpractice. Once the settlement has been agreed upon, a court approval is often demanded to ensure that a reasonable settlement amount is being given.
Receiving the Compensation: The final step is obtaining the compensation. The way the plaintiff will get paid depends on the laws of the state, the age of the victim, and the nature of the injuries. A plaintiff can receive their settlement in the following ways:
- In a lump sum
- Structured settlement
- Combination of both
The state will decide how the settlement will be paid. After the settlement check has been established, it would be sent to the plaintiff’s attorney. The attorney would then subtract the legal fees and expenses that took place during the settlement and send the rest to the plaintiff.
Percy Martinez mentions how his associates of errors performed by physicians are ready to take the case to trial if no amount can be agreed upon. They will obtain the best possible settlement. The firm serves Orlando area and provides a free consultation.