A family that suspects they have been affected by medical malpractice may want to consult with a personal injury attorney before deciding how to proceed. These cases can be difficult to prove, and medical facilities rely on their own legal team to avoid lawsuits, having to pay large settlements, or convincing a judge that the patient was not harmed. A consultation with an award-winning attorney such as Benedict Morelli is especially appealing, since this lawyer is known for successful results.
Percentage of Trial Cases
The media publicizes malpractice cases in which the patient or the family is awarded millions of dollars after a jury trial. People who suspect that medical malpractice has harmed them or someone in the family should realize that these outcomes are rare. Only about 10 percent of malpractice cases go to trial. The other cases that are successful in providing compensation for the individual or family are settled out of court.
Reasons for Lack of Success
Unfortunately, most malpractice suits are not successful for the client, for various reasons. Often it turns out the suspicions were unfounded. In other incidents, the medical practitioner has to admit some level of negligence, but there is no evidence the patient actually was harmed. This may seem unfair to the patient who was at risk of injury because of the facility’s negligence, but harm has to occur for the incident to qualify as malpractice.
Nevertheless, settlement amounts can be substantial if evidence of malpractice can be confirmed. The average settlement is about $425,000 if a lawsuit was heading for trial and the insurer paid to prevent the trial from occurring. It is generally less if the attorney can negotiate a settlement before a suit is actually filed, but that can be advantageous for the family if they need money more quickly.
It can be very difficult for people who are not legal professionals to prove malpractice or negotiate a reasonable settlement. They benefit from hiring an attorney with an organization such as Morelli Law Firm. Personal injury lawyers are generally paid on a contingency basis, meaning they do not charge upfront retainer fees and do not receive any payment for services unless they obtain compensation for the client.