When Should I Take My Medical Malpractice Claim to Court?

July 12, 2021
medical professional

Medical errors are a leading cause of death in the United States. Every year, more than a quarter of a million Americans die from health care-related mistakes.

Thankfully, if you received substandard care in a clinical setting and incurred damages as a result, you may be entitled to compensation. That doesn’t mean, however, that you’ll actually be able to secure a settlement on your own.

While most valid medical malpractice claims are settled, nearly all require some form of litigation, and some end up going all the way to trial. Let’s take a look at the kinds of scenarios that most often call for litigation:

1. The Insurer Disputed Liability

Because medicine is not an exact science, disputing liability is a common tactic carriers use to protect their bottom line. Even if the claimant presents all kinds of evidence that their physician was, in fact, negligent, the insurance adjuster may try to look for a way to shift blame onto someone—or something—other than the medical practitioner.

If you’re certain you wouldn’t have suffered the complications that you did but for your provider’s negligence, filing a formal lawsuit may be the only way to hold them accountable if their insurer refuses to accept the facts of your case.

2. The Insurer Downplayed the Damages

When carriers cannot dispute a policyholder’s liability, they’ll likely try to devalue the associated claim. At the end of the day, insurance companies are a business like any other, and they’re not going to award sizable settlements unless they have no other choice.

If the insurance adjuster keeps coming back with lowball offers even after you provide additional documentation logging your various losses, it could be a sign that they’re not going to act reasonably unless they’re ordered to do so by a jury or judge. Should this end up being the case, taking them to court may be the best approach.  

3. The Patient Suffered Significant Losses

If your life will never be the same again, you may have grounds for seeking a significant recovery and/or settlement. If your doctor’s negligence resulted in paralysis, for example, you can expect to incur millions of dollars in medical bills alone in the coming years.

Unfortunately, as mentioned above, insurers are highly unlikely to offer large payouts without facing considerable legal pressure. As such, if you’ve suffered significant losses, any experienced medical malpractice attorney will prepare your case for court from day one.  This maximizes your leverage for settlement and/or puts the case in the best position for trial success in the event the at fault entity/insurer refuses to negotiate reasonably. 

Discuss Your Case with a Medical Malpractice Attorney in Spartanburg

If you want to take action against a negligent physician or clinic, turn to Hodge & Langley Law Firm. Our attorneys have more than 50 years of collective experience in the legal field.

Should you have grounds for legal action, we will use our knowledge, resources and experience to help you seek the funds you deserve. To schedule your free case review with a medical malpractice lawyer in Spartanburg, fill out our Online Contact Form or call 864-585-3873.



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