How Settlement Negotiations Work in A Medical Malpractice Case

Medical malpractice is not an uncommon event. Researchers at Johns Hopkins University conducted a comprehensive eight-year study of medical errors in the U.S. and found that, on average, more than 250,000 people die in the U.S. because of medical mistakes each year. This makes medical malpractice the second leading cause of death in the United States, behind cancer and before chronic respiratory disease. The most common medical malpractice claims include misdiagnosis, birth injuries, medication errors, and surgical errors.

In situations where physicians and other medical professionals have failed to meet the appropriate standard of care, a patient may be able to seek compensation for the harm suffered. In the state of Florida, the elements of medical malpractice are:

• The medical professional had a duty of care to the patient.
• That duty of care was breached.
• The breach was the cause of the patient’s injury or injuries.
• The injury or injuries result in compensable damages.

Although these requirements sound straightforward, proving them is complex. While you may know for a fact that something happened, it could be harder to prove what happened and who did it. Causation can be particularly difficult to prove. To prove causation, the plaintiff must typically present expert medical testimony establishing that the healthcare professional’s negligence was a substantial factor in causing the patient’s injury.

Negotiating the Value of a Medical Malpractice Claim

After determining that a doctor, medical professional or hospital is liable for causing your injuries, the value of your medical malpractice claim can be negotiated. The financial damages are determined from different categories. These include:

• Economic Damages – The dollar amounts for medical expenses, prescription drug costs, rehabilitation, at-home care, and past and future lost wages.
• Non-economic Damages – The monetary values assigned to your physical and mental pain and suffering, and emotional distress.
• Punitive Damages – Your Fort Lauderdale medical malpractice attorney may decide to argue for punitive damages if the behavior was particularly egregious. These are only given in Florida for gross negligence or intentional misconduct.

Approval From a Medical Professional

Generally, claims for minor incidents in the personal injury realm – such as vehicle accidents and premises liability – are usually settled by the insured’s insurance company. However, with medical malpractice claims, medical professionals often have a final say on whether a settlement is approved. This is because insurance settlements have a direct impact on the pricing of their malpractice insurance or whether the medical professional is insurable at all. If a medical professional strongly believes that he or she did not cause harm, settling outside of court may be difficult.

How Settlement Payments Are Issued

Once a settlement is reached, you will be issued payment for your losses. There are two ways that a medical malpractice plaintiff can collect the settlement:

Structured Payment – These payments are often awarded in cases involving minors or birth-related injuries. The parties typically set up an annuity to make sure that the injured party has money for long-term medical treatment.

Lump Sum Payment – These payments are less complicated and are generally preferred by the plaintiff and his or her lawyer as they allow more options to set up funds to help cover past, future, and current medical expenses.

Settlement payments are typically sent to the plaintiff’s lawyer who then deposits the payment into an escrow account. After any outstanding balances are paid off, including legal fees and costs, the remainder is disbursed to the plaintiff.

Contact Osborne, Francis & Pettis

With many years of experience in litigating medical malpractice cases, as well as negotiating settlements for our clients, we know how to get you the justice you deserve. We are committed to serving the victims of medical malpractice throughout the entire state of Florida and have offices in Fort Lauderdale and Orlando for your convenience. Contact us today for a free, confidential consultation to explore your options.

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