Medical Malpractice—How Settlements and Verdicts are Reached

If you are considering filing a medical malpractice claim, it is only understandable that you’re probably wondering what the process will be like. How are settlements and verdicts reached? How long does it usually take? And what might your case be worth? 

At Morgan and Morgan, we understand that these questions are at the forefront of your mind as you wonder how you will recover from your injuries and continue to pay bills and provide for your family. That’s why we’re here to help. 

First, it’s important to understand what medical malpractice is. Essentially, medical malpractice occurs when a medical provider who was supposed to help you acts negligently and harms you instead. It essentially involves proving two elements:

• That a doctor or other medical provider was negligent; and 
• That the medical provider’s negligence was the cause of an injury or death.

“Negligence” simply means that the provider failed to provide the appropriate standard of care. Sure, accidents happen, and sometimes they aren’t anyone’s fault. Often, however, in a medical malpractice claim, negligence has occurred. When it does, you deserve to recover.

Generally, a medical malpractice claim involves the following steps:

• Hire an attorney;
• Obtain copies of your medical records;
• Notify necessary parties;
• Engage in any initial settlement negotiations;
• File your lawsuit if those negotiations are initially unsuccessful;
• Engage in additional settlement negotiations;
• Go to trial if necessary;
• Receive a verdict.

Throughout the claim process, settlement negotiations can take place at any time. Often, as your case moves forward, settlement discussions will occur on multiple occasions. 

Generally, for more complex cases, the process can take longer, but the basic process is the same. More complex cases might involve:

• Complicated or unusual medical issues;
• Complicated or unusual legal issues;
• Involvement of multiple healthcare providers;
• A significant amount of evidence and many witnesses;
• Any other factors that add to the overall complexity of the case.

Your legal team at Morgan and Morgan will be able to listen to your story, and let you know how complex your case is and what your settlement options may be. At Morgan and Morgan, we are proud of our reputation of achieving excellent settlements for our clients—and, often, for the maximum value of your claim. If it turns out that we need to take your case to trial to achieve maximum recovery, we’re ready, willing, and able to do that too.

Morgan and Morgan—Here for You

When you’ve been injured by a medical professional who was supposed to be helping, you deserve time to rest and recover without financial stress and anxiety. You need to fight for the compensation you deserve—and you shouldn’t delay in getting started. Many states have a statute of limitations, which is essentially a deadline for filing your claim. Don’t let that deadline pass you by. You need to find a legal team that can fight for you, and there’s no time like the present to get started.

At Morgan and Morgan, we don’t settle for less—and neither should you. 

You deserve a legal team at your side who will fight for the maximum recovery possible. At Morgan and Morgan, we are that team. We fight for the People, not the powerful—and we are ready to fight for you. Now is the perfect time to take the first step toward seeking the compensation you deserve.  If you’re ready to get started, call us today for a free, no-risk case evaluation. 

Remember, we only get paid if you win. We look forward to speaking with you soon.