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What Is The Process For Medical Malpractice Settlements?

What Is The Process For Medical Malpractice Settlements?

Medical malpractice victims suffer a lot of physical and emotional pain and suffering and serious financial issues that are closely linked to their damages. Many people lose their jobs, while some are heavily burdened with medical expenses. On top of that, fighting medical malpractice is a very costly affair. It results in a downward financial spiral. The Miami medical malpractice attorneys will help prepare a case and get the desired outcome in fair and just compensation. Often, such cases are settled out-of-court, which saves both parties from the trouble of fighting expensive litigation. Here is the process of settlement of such cases. 


The process begins with the process of discovery. After filing the complaint, the parties get notice of the lawsuit. Both parties also engage in looking for evidence, information, and voluminous documentation to complete fact-finding and build the case. Both parties must exchange all information collected by them as it helps in building their respective cases. 

Expert Witness Testimony

The next step is recording the testimonies of expert witnesses. Both sides have the right to call up witnesses that helps in investigating the case details and establish whether the standard of care was met by the doctor, and determine if medical negligence occurred. The expert witness account also helps determine if the negligence of the medical care service provider resulted in damages or injury to the patient. At this stage, if it is proved that no breach of duty of care happened to result in injury to the patient, the case gets dismissed. If there is a disagreement between both witnesses, more experts may be called to give their testimony and expert account. If it shows the occurrence of medical negligence, the lawsuit proceeds further. 

It is now that the settlement negotiations begin in earnest. The opinions of medical experts and the discovery period show the merit in the case, and this sends the lawyers back to the table attempting to settle the case out of court.

Both parties negotiate hard and try to bring the best outcome for their respective clients. The defendant’s lawyer tries to minimize the payout to the plaintiff, while the plaintiff’s lawyer attempts to maximize the payout as much as possible. Both parties try hard to avoid going to court for a trial as it is a very costly affair.

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Depending on the strength of the case, the defendant or plaintiff’s lawyers may dominate the negotiation case. It helps in deriving a mutually acceptable settlement amount. If there is no consensus between the parties and the lawyers fail to agree on the amount, the case is taken to trial. Here, it takes its course depending on the complexity level of the case, and the compensation claim is decided as per the outcome of the case. 

It is very important to engage the services of a seasoned Miami medical malpractice attorney who can handle the case efficiently and take it to the desired location. Look for nothing but the best lawyer who has immense experience handling such cases. 


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