How Settlement Negotiations Work in Medical Malpractice Cases
In a medical malpractice case, the patient must prove a medical provider was negligent or committed malpractice to hold the provider liable for damages.
Medical malpractice insurance companies aggressively fight claims to avoid paying high settlements and jury verdicts. Therefore, there are many steps you must take before settlement negotiations begin in a medical malpractice case.
Steps Preceding Settlement Negotiations for a Medical Malpractice Claim
Steps you can expect to take before settlement negotiations begin in your medical malpractice case include:
Hiring an Experienced Florida Medical Malpractice Lawyer
Schedule a free consultation with an attorney with substantial experience handling medical malpractice claims. Malpractice is a very specific type of personal injury law. You want to hire an attorney who understands the law and has a successful track record of winning medical malpractice cases.
Gathering Evidence
Your attorney will investigate the malpractice claim to gather evidence proving your doctor or other medical provider is guilty of negligence or malpractice. The investigation includes hiring medical specialists.
Florida law has strict criteria for proving medical negligence and malpractice. The requirements include using a certified medical expert to establish the medical standard of care applicable to your case.
During the investigation, your attorney will gather evidence proving the extent of your injuries and damages. Additional expert witnesses, including medical, financial, vocational, and life-care experts, may be retained to assist with this investigation.
Proving Malpractice Occurred
The evidence in a medical malpractice claim must prove:
- A legal duty owed by the medical provider to the patient based on their provider-patient relationship
- The medical provider breached their duty of care by failing to meet the standard of care required for the situation.
- The breach caused the patient’s injuries.
- The patient suffered damages due to the doctor’s error.
It is not enough to show that a doctor was negligent or careless. You must prove that their actions or omissions caused you harm. You must also remember that some situations are not within the control of the medical provider.
An adverse outcome may have occurred even had the doctor done everything correctly. The evidence must show that the doctor’s breach of duty directly caused your injuries.
Preparing to Negotiate a Settlement for a Medical Malpractice Claim
After your attorney completes the investigation and gathers evidence, they will prepare a settlement demand letter to the medical provider and their insurance company. The settlement demand letter outlines the facts of the case and explains why the provider is liable for your injuries and damages.
The medical malpractice insurance company reviews your demand and may conduct an independent investigation. The company will either accept or reject the claim. In some cases, the company might make a counteroffer for a lesser amount.
What Happens Next?
At this point, your attorney can discuss your legal options with you. You can accept the counteroffer to settle your case or proceed with a medical malpractice lawsuit. Each case is unique; therefore, you should not base your decision on other cases or case results.
If you accept the counteroffer, your attorney will prepare a settlement agreement. Waiving your right to demand more money, pursue other claims, or file a lawsuit is included in the settlement agreement. In other words, you can accept the amount the company pays as a final and complete release of all claims against all parties related to your allegations of medical malpractice.
Your attorney may advise that filing a medical malpractice lawsuit is in your best interest. If so, your attorney will file a lawsuit, and your case will then proceed through the court system to trial. Generally, the two issues in dispute for medical malpractice are whether the doctor committed malpractice and, if so, how much your damages are worth.
Filing a lawsuit does not mean your case will go to trial. Many medical malpractice lawsuits are settled through negotiations prior to trial.
What Damages Are Available for a Florida Medical Malpractice Lawsuit?
Patients in medical malpractice lawsuits can receive compensation for their economic and non-economic damages. The damages you receive depend on the facts of your case but could include:
- Past and future medical treatment and care
- Out-of-pocket expenses
- Occupational, physical, and rehabilitative therapies
- Loss of enjoyment of life and quality of life
- Pain and suffering
- Long-term personal and/or nursing care
- Impairments and disabilities
- Loss of wages, benefits, and earning capacity
- Scarring and disability
- Emotional distress and mental anguish
Florida does not cap the amount of economic damages you can receive for a medical malpractice case. However, the state has changed its position regarding caps on non-economic damages in medical malpractice cases numerous times.
The Florida Supreme Court ruled that caps on non-economic damages were unconstitutional. However, the Governor signed a law reinstating the caps on non-economic damages effective March 24, 2023. Therefore, discuss how much your medical malpractice claim is worth with an experienced medical malpractice attorney.
Types of Medical Malpractice Settlements in Florida
Medical malpractice can arise from any medical procedure, treatment, medical error, or circumstance. Common examples of medical malpractice claims that our attorneys can help you negotiate a settlement for include:
- Failure to recognize and act upon a patient’s symptoms
- Birth injuries
- Failing to diagnose cancer
- Not referring a patient to a specialist in a timely manner
- Failing to order diagnostic tests and lab work
- Misdiagnosis and delays in diagnosis
- Medication errors, including mistakes with anesthesia, dosage, and correct medications
- Failing to obtain informed consent from the patient
- Emergency room errors
- Inadequate monitoring of a patient before, during, and after a procedure or treatment
- Hospital-acquired infections
- Surgical errors, including operating on the wrong patient, performing the wrong surgery, and leaving foreign objects inside of a patient
- Nursing home neglect and abuse
- Using defective and/or unsanitary medical devices
There are many other circumstances and factors that could lead to a medical malpractice lawsuit. The best way to know if you have a medical malpractice claim is to speak with an attorney.
Get Help With a Medical Malpractice Claim in Florida
Medical malpractice cases are complex personal injury matters. Proving a medical provider is guilty of malpractice requires the help of an experienced, resourceful, and skilled Florida medical malpractice lawyer. Call Allen Law Accident & Injury Lawyers at (877) 255-3652 for a free consultation if you have questions about a claim.
