Will most doctors settle medical malpractice suits out of court?

by John D. Holschuh Jr., Lawyer Referral Service Panelist 

In today’s world, attorneys get calls all the time from people asking if doctors will settle medical malpractice claims to avoid court.  More often than not, medical malpractice cases end up in trial.  Clients should anticipate and presume that if there is a case, it will go to a jury trial and to be prepared for that.  It generally takes well over a year to get a case to trial. The majority of medical malpractice cases that go to trial come back in favor of the doctor.  Cases must have strong liability that there was malpractice, and damages have to be fairly catastrophic to justify the risk and expense in pursuing the case.

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