Injured by medical malpractice? Don’t settle too quickly

Anyone who has been injured by medical negligence will tell you that a lawsuit can take significant time. Hospitals in New York and across the country often try to take advantage of this and tempt injured patients with a quick settlement in order to avoid litigation.

However, taking the settlement may not always be in your best interest. In many cases where patients have filed a medical malpractice lawsuit, hospitals will offer a settlement amount that is substantial but significantly less than what patients could be awarded if the case went to trial. In other cases, patients might request a settlement amount without knowing how much compensation they may be entitled to in a jury trial.

A good example of the latter scenario comes from Pennsylvania, where a man was recently awarded $250,000 in a medical malpractice lawsuit. The man had sued the hospital that removed his gallbladder. In his lawsuit, he alleged that after his 2007 surgery, the hospital failed to provide prompt and appropriate treatment for his post-operative medical issues.

As a result of this delayed care, the lawsuit alleged, the patient sustained a severe hernia. The injury limited his ability to work his job and perform household tasks. The hernia also required additional operations to correct.

Prior to the trial, the patient and his wife offered to settle with the hospital for $100,000. The hospital’s refusal of that offer worked to the man’s advantage, however, as he was ultimately awarded a figure 2.5 times higher than his original offer.

Whether a medical malpractice settlement offer comes from the hospital or not, no injured patient should agree to or propose a settlement without legal counsel. A qualified medical malpractice attorney can help injured patients understand their rights and legal options.

Source: PennLive.com, “Dauphin County jury awards $250K damages in medical malpractice case,” Matt Miller, Mar. 11, 2013