If you or someone you love is a victim of medical negligence, you might be considering taking the case to trial.
Although a considerable amount of trust is placed in medical professionals, it is unfortunately not uncommon for malpractice to occur. A 2016 study from John Hopkins University suggests that medical error is the third leading cause of death in the United States. There is no one correct answer when deciding whether or not to resolve your case within a courtroom setting, but reviewing some pros and cons may help ease the burden of this decision.
The Pros
Trials Help Healthcare Providers Maintain Acceptable Standards of Care
Medical professionals will be less likely to implement unsafe practices if they face a potential lawsuit. They will be paying in terms of their time, money, and perhaps even their license if negligence ensues. Courts also often impose disciplinary damages which are designed to act as a deterrent. Trials are accessible to the public, so you can trust that the offender will be held accountable if the jury finds in your favor.
Increased Compensation
Jury awards are generally larger than the compensation offered from a settlement. Typically, when medical malpractice occurs, the patient ends up in worse shape than they were beforehand. With litigation, you will receive full compensation for the adverse healthcare that took place. If you are left with severe injuries or your medical treatment exceeds the amount offered from a settlement, it is best to go to court.
More Meaningful Closure
Navigating your case through a trial may help you receive more meaningful closure. Being a victim of medical negligence can make you feel violated in such a way that going through the whole court process may be more fulfilling than settling.
The Cons
High Costs
Although you are likely to receive more compensation from taking your case to court, litigation is expensive. Attorneys will need to spend more time gathering witnesses and taking depositions resulting in more fees. It will also likely take longer for you to receive your final payout after the trial concludes.
Case Uncertainty
There is always some degree of doubt about the success of a case if it goes to trial. Even if you feel like the evidence is quite clear, the jury may see it through a different lens than you. Putting the decision in the hands of a jury does not always result in your desired outcome.
Trials are Time-consuming
Medical malpractice litigations can last for many years and be quite stressful. These proceedings can be emotionally and physically difficult for victims to handle. A patient that is struggling with their health may have a hard time frequently appearing at court proceedings. Negotiating a settlement usually takes much less time than going through the whole process of a trial.
Flickinger • Boulton • Robson • Weeks Can Help
Surviving a medical malpractice incident can be traumatizing, but our experienced personal injury attorneys are here to help. Whether or not you decide to take your case to trial, you can trust that Flickinger • Boulton • Robson • Weeks will help you receive the compensation you deserve.
We have offices in Utah County and Salt Lake County. Schedule your free case evaluation today.