Do all medical malpractice cases end up in trial?
While a malpractice case may settle before going to trial, the insurance company cannot settle the case without the doctors’ consent. Doctors in most cases are unable to admit that they are capable of making a mistake. Without the doctor’s consent the case cannot settle no matter how much the patient and the doctor’s insurance company may want to settle it. In addition, there is a whole category of medical malpractice cases that never go to trial, but instead are resolved through binding arbitration. Many hospitals and doctors have the clients sign an agreement to go to binding arbitration if there is any dispute. These agreements are often in fine print in the initial papers the patient fills out when they first see the doctor or when they are initially admitted to the hospital. Often, the patient doesn’t realize that he or she has signed a binding arbitration agreement until there is a problem and the lawyer finds this clause buried in the patient’s medical records. These binding arb
