Do most medical malpractice cases settle or do they go to trial?
Medical malpractice cases are defended vigorously by the healthcare provider’s insurance company. This is true for a number of reasons. Healthcare providers (doctors, nurses, hospitals) are subject to a reporting requirement that requires any settlement or verdict rendered against them to be reported to a national databank. This national databank is accessible to insurance carriers and therefore directly affects their insurance premiums. Lawyers for the healthcare providers are able to find other medical expert doctors or nurses who will defend their care, claiming that it was “reasonable care under the circumstances.” Insurance companies that pay for the defense of a medical malpractice case have deep pockets and are willing and able to fight a “war of attrition” in which they will try to outlast the patient and his attorney in the litigation process.
