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How Can Your Case Become One of the 90% of Medical Malpractice Suits Settled Out of Court?

After being injured, victims should never have to deal with lengthy, expensive, and stressful court cases on their own. Even if the case seems straightforward, trying to win a medical malpractice lawsuit can take years. That is why it is important for victims to do everything in their power to settle outside of the courtroom. Settling will allow you to receive your money as quickly as possible so that you can move on with your life.

Get a Second Opinion

Medical malpractice lawsuits are quite complicated, and the final goal is to determine if the hospital or doctor acted in a negligent manner. Just because you were injured or misdiagnosed doesn’t necessarily mean that you are going to win your case. Patients should immediately contact a different medical professional for a second opinion. The information that your new doctor gives you could be vital to your case.

Contact an Attorney

Trying to settle a claim without a legal representative is going to be nearly impossible. The vast majority of doctors and hospitals have huge legal teams that will do everything in their power to protect their clients. As soon as you are able to do so, you should contact a local attorney, such as one from Otorowski Johnston Morrow & Golden PLLC, who has experience with medical malpractice cases.

Put Them on Notice Immediately

Well before any negotiations begin, you will first need to put the physician, hospital, or medical professional on notice. With a formal notice, you are essentially telling the other party of your intentions. This step in the process can be complicated as well, and you must consult with an attorney before sending any paperwork. Any mistakes that are made with the initial paperwork could impact the negotiations later on.

Consider Filing a Lawsuit

Negotiations can take place alongside a lawsuit, and your attorney might suggest filing a claim even if you have already contacted the other party multiple times. Until a verdict is reached in the courtroom, you can still receive a settlement from the company. Once you are satisfied with the settlement, you and your attorney must sign paperwork that states you will withdraw the claim and not bring any lawsuits against them in the future.

Many people are surprised to hear that thousands of medical malpractice trials take place every year. While you might eventually need to take your case before a judge or jury, you should speak with an attorney first to see if your claim can be settled out of the courtroom. A quick settlement might be just what you need to pay your medical bills and move past the situation without further health complications.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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