What Is the Likelihood of Settling a Surgical Error Case Out of Court ?


Going to court is time-consuming and stressful, so many people wish to settle their cases without having to go to trial. Luckily, the likelihood of this happening is quite high. Working with an experienced lawyer on your surgical error case in Maryland will go a long way in helping you avoid the courtroom.

What Is the Likelihood of Settling a Surgical Error Case in Maryland Out Of Court?

Not every surgical error case ends up going to trial or even entering the court system at all. Over 90% of the time, medical malpractice cases are settled without going to court. It takes a mixture of negotiations and conferences to come to a settlement agreement, but it can be done without entering the courtroom. Visit this page to learn more about medical malpractice and how an attorney can help you with your case.

A jury only ends up deciding the verdict of a medical malpractice case about 7% of the time. And, as surgical errors make up a large percentage of all medical malpractice cases, that means it’s very likely that you’ll never have to go to court with your case.

Why Do So Many Surgical Error Cases Settle Without Going to Court?

The Cost

Going to court is time-consuming, but most importantly, it’s expensive. It often costs both sides a lot of money to go to trial, and when a lawsuit is filed, there’s a risk that the defendant will have to pay out a large sum of money to you as well as pay their court fees. A study shows that 50% of the time, the jury will side with the plaintiff if there’s strong evidence supporting the plaintiff’s case. So, to the defendant, going to trial may also not be worth the risk.

To avoid going to trial, an insurance company may attempt to settle before a lawsuit is even filed. If a settlement agreement can’t be reached, then you may end up suing the practitioner responsible for your surgical error, but that still doesn’t mean the case will go to trial. The case can enter the court system and be resolved before a trial is ever held.

The Law

In Maryland, the court prefers efficient resolutions to all claims, including medical malpractice ones. Maryland law states all parties must take part in Alternative Dispute Resolution in a medical malpractice case. This procedure is intended to help you settle the case without litigation, and it generally helps you get the case settled as quickly as possible without accepting a low sum just to get the case over and done with.

However, all parties may decide that they don’t want to engage in ADR, and that’s allowed as long as both sides agree not to do ADR. In some cases, the courts may also believe ADR won’t be productive for your case, so it won’t be required. Despite not engaging in ADR, it’s still possible to come to a settlement agreement with negotiations or to file a lawsuit and come to a settlement agreement before going to trial.

What Happens During Alternative Dispute Resolution?

During ADR, mediation is required so the plaintiff (you) and the defendant (the negligent doctor) can have an open discussion with the help of an unbiased third party. Of course, you should have an attorney representing you and assisting you during mediation. A mediator can be appointed by the court, but you and the other parties involved may also choose your own mediator.

You’ll likely also have to attend a settlement conference. Like with mediation, your attorney will generally be present with you at this conference. If you come to a settlement agreement during your ADR case, then this agreement is binding, and you will be paid the sum you agreed to. If ADR doesn’t work for you, then you may continue negotiations or file a lawsuit.

Is It Worth Going to Trial If ADR and Negotiations Don’t Work?

You should be aware that it’s not always worth going to trial. It’s incredibly risky, but it can be highly rewarding if the jury votes in your favor. In general, you should listen to your attorney’s advice regarding whether or not you should go to trial. They likely have experience with the court system in the area, and they understand your case deeply enough to know whether it will hold up in front of a jury.

Is It Worth the Risk to Pursue Making a Claim At All?

With medical malpractice cases, there’s generally no risk involved if you wish to pursue a settlement. That’s because most medical malpractice lawyers charge a contingency fee, meaning your attorney’s fees don’t apply until after you win your case. If you don’t win money, then you won’t have to pay.

Surgical error cases have a very low chance of going to trial, meaning the likelihood that you’ll settle out of court is high. It’s always worth pursuing compensation in these cases if you can, as it’s risk-free for you, and the time you’ll put in is often worth it.