If you received substandard care in a clinical setting, you’re not alone. Medical errors cause up to 251,000 deaths every year in the United States—and many more injuries and illnesses.
No matter how strong your case seems, you may be hesitant to enter into contentious legal proceedings while recovering from serious injuries. With so much on your plate, the thought of going to trial can be overwhelming. Thankfully, most medical malpractice cases don’t actually go to court.
If you have sufficient evidence to prove liability, causation, and damages, it is likely that a settlement will be reached without even having to file a lawsuit. But if the defense decides to dispute one or more aspects of your case, then filing a lawsuit might be the best option, which could eventually send the case to trial.
Below we’ve outlined some of the factors that might increase the chances that a medical malpractice case will go to trial:
1. Multiple Parties Were to Blame
If multiple parties were responsible for the substandard care that you received, they may try to shift fault to one another. Should each refuse to accept their portion of liability, it may be necessary to take the case to trial.
2. The Claimant Failed to Mitigate Damages
If the insurer thinks you did not take reasonable measures to avoid medical complications—by seeking prompt care, for example, and following your doctor’s orders—they might refuse to cover 100 percent of your damages. You have a duty to take reasonable steps to mitigate your damages. Failing to take your healthcare seriously could lead to a dispute that has the potential to send your case to trial.
3. The Resulting Damages Are Extensive
If you have incurred significant damages as a result of the malpractice, the opposing party will have plenty of incentive to search for reasons to dispute your claim. Insurers are unlikely to pay out seven-figure settlements without putting up a fight. Your attorney may be able to avoid and mitigate these disputes by basing the settlement calculations on the relevant statutes, case law, and the facts of your case. Your lawyer can also consult with medical and financial experts when approximating a fair settlement figure. Such experts can also provide deposition during discovery, which may be enough to reach a settlement without having to proceed all the way to trial.
Speak with a New York Medical Malpractice Lawyer Today
If you intend to take action against a negligent healthcare provider or facility, turn to LoTempio P.C. Law Group to determine the most strategic way to proceed. We will conduct a thorough investigation and help you gather the evidence needed to pursue the full compensation you deserve.
If you are unable to come to our office, a member of our team can come to you. Call us today at 716-855-3761 or fill out our Contact Form to schedule a free, no-obligation consultation with a medical malpractice attorney in New York.