Have you been injured because of medical malpractice in Jacksonville? You could be entitled to significant compensation for your damages. Medical malpractice happens much more often than many people realize.
In fact, some studies have shown that medical errors are the third leading cause of death in the country. If you have a medical malpractice claim, your claim will more than likely go through settlement negotiations. Most personal injury claims, including medical malpractice claims, are settled out of court.
Keep reading below to learn more about how medical malpractice settlement negotiations work.
What Is Medical Malpractice?
Medical malpractice occurs when a victim suffers an injury because of medical treatment that does not meet an acceptable standard of care. This could include some action or inaction on the part of a doctor, hospital, or other medical facility. Some examples of potential medical malpractice include:
- Failure to diagnose
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Hospital-acquired infections
- Medication errors
- Anesthesia errors
- Birth injuries
Victims who are injured in these situations are generally entitled to recover both economic damages and non-economic damages. These damages compensate victims for both their financial losses as well as their pain and suffering.
The Medical Malpractice Settlement Negotiation Process
Most medical malpractice claims follow the same general process. The steps in settlement negotiations are usually as follows:
Filing a Medical Malpractice Lawsuit
Prior to filing a medical malpractice lawsuit in Florida, certain pre-suit requirements must be met. First, the victim must serve the healthcare provider with a notice of intent to sue. Additionally, this notice must be accompanied by an affidavit from a medical expert who agrees that the provider’s negligence caused the victim’s injury. The healthcare provider has 90 days to investigate and resolve the claim, and then the lawsuit may proceed.
Gathering Evidence
The next phase of the process is known as discovery. During this time, both sides gather evidence necessary to prove their case. Some common methods of gathering evidence used during discovery include:
- Interrogatories
- Requests for production
- Requests for admission
- Depositions
As each side builds its case, it can begin to identify its strengths and weaknesses. Additionally, the plaintiff (along with the help of their lawyer) will begin to understand the potential value of their claim.
Beginning Settlement Negotiations
After discovery, settlement negotiations typically begin in earnest. As the initial step, a demand letter may be sent to the defendant. Typically, multiple offers and counteroffers are sent back and forth between the plaintiff and defendant.
In many cases, formal negotiations take place through the mediation process. A third-party mediator attempts to help the parties come to an agreement and settle the case. Mediation sessions may sometimes last for several hours in an attempt to get the case settled.
Formalizing the Settlement Agreement
Once a settlement has been reached, the parties will formalize the terms of the agreement in a written document. Typical details of these agreements include:
- The amount of compensation
- Release of future liability
- Confidentiality provisions
Once the settlement agreement has been signed, it is a legally binding document that both parties must adhere to.
Disbursing Settlement Funds and Concluding the Lawsuit
After the settlement agreement has been signed, the defendant must pay the victim the amount agreed upon in the settlement. In most cases, settlement funds are disbursed within 30 days after the settlement agreement has been signed.
Additionally, the lawsuit will then be closed. Since the victim agrees to release the defendant from liability, they cannot pursue a lawsuit after a settlement has been reached. In the rare case that a settlement cannot be negotiated, the lawsuit will proceed to trial. In that situation, the case will be tried before a jury that will make the final judgment.
What Happens if My Case Doesn’t Settle?
While most medical malpractice cases are settled without going to trial, not all negotiations are successful. If your case fails to settle, it will continue to trial. This means that your case will go to court and likely be heard in front of a jury. The trial process involves calling witnesses and presenting other evidence to help prove your case.
An experienced lawyer can help guide you through the entire process of a medical malpractice claim. This includes both the negotiation process as well as trial, if necessary. Trying to navigate a medical malpractice claim without the help of a lawyer could result in not getting all the compensation you deserve.
Schedule a Free Consultation With a Jacksonville Medical Malpractice Lawyer
If you have been the victim of medical malpractice, you need an experienced lawyer who can help you get the compensation you deserve. The team at Baggett Law Personal Injury Lawyers can help negotiate a top-dollar settlement that compensates you for all your damages. We have recovered tens of millions of dollars for other injury victims, and we want to help you, too.
Contact us today at (904) 396-1100 to schedule a free consultation with a Jacksonville medical malpractice lawyer.
