If you or someone you love is a victim of medical negligence, you may be debating between accepting a medical settlement or taking the case to trial.
Although most medical professionals are trustworthy and qualified to assist you with your medicinal needs, it is unfortunately not uncommon for medical malpractice to occur. If this happens to you or someone you love, understanding your rights and options is essential.
Whether you decide to accept a settlement or take the case to trial is ultimately up to you, but reviewing your options may help ease the burden of this decision.
What is Medical Malpractice?
Many people wonder what constitutes medical malpractice and whether or not they have a legitimate case. According to the American Board of Professional Liability Attorneys, the definition of medical malpractice is when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. If you feel that you have been injured in this way, you should investigate your options for a medical malpractice case.
What to Do When Medical Negligence Has Occurred?
If you believe you have a valid case, first contact an attorney that specializes in medical malpractice. They will help guide you through the situation. There is a two-year statute of limitations for these kinds of cases in Utah, so it is important to seek legal help as soon as possible. A malpractice attorney will perform an investigation of the facts surrounding the case, and then gather evidence to prove that negligence has occurred. If they believe that you have a legitimate case, a suit will be filed.
Settle or Go to Trial?
When a suit is filed and there is merit to your case, the two parties will meet and try to agree on a medical settlement. This is a quick way to reconcile the suit without going to trial. Both parties will go back and forth with offers as your attorney facilitates the conversations. There are various pros and cons for both settling and going to trial. After counseling with your attorney, if you do not agree with the settlement that was presented, you can deny the offer and take the case to trial. If your case does go to trial, the option for settlement is still on the table.
How Long Is a Medical Malpractice Trial?
There is not a standard timeframe for this type of trial; typically, they can last between 12 and 24 months. Some trials can last up to 3 or 4 years. The length of time should be considered when contemplating denying a settlement offer. There is no right or wrong answer and each case is different, so it is important to have an experienced attorney to help you navigate your specific situation.
Flickinger • Boulton • Robson • Weeks Can Help
Surviving a medical malpractice incident can be traumatizing, but our experienced personal injury attorneys are here to help you through your medical settlement or trial. 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. Our firm assists clients in holding careless doctors, technicians, and pharmacists accountable.
Our offices are located in Provo and South Jordan, Utah. Schedule your free case evaluation today.
