Do Hospitals Usually Settle Out of Court? 

When we go to a hospital, we expect to be treated with the appropriate level of care. Unfortunately, that’s not always the case. There are times when the hospital’s staff is negligent in providing care to patients. When this happens, harmed patients can bring medical malpractice cases.  

Once you file a medical malpractice claim, your case can take any of the two routes: you could settle outside of court or you could end up in the courtroom fighting against the hospital’s legal team. You might have heard or read somewhere that hospitals are likely to settle when being sued for medical malpractice, but is it really true?  

At The Law Office of Dan N. Fiorito III, I have handled medical malpractice cases since 2007. As a medical malpractice attorney in Seattle, Washington, I have helped patients negotiate with hospitals to achieve fair settlement offers and sued hospitals to help patients get the maximum compensation to which they are entitled.  

When Can You Sue a Hospital for Medical Malpractice?

Medical malpractice occurs when healthcare professionals fail to provide the standard of care that a reasonably competent practitioner would have offered under similar circumstances. Here are some situations where you might consider suing a hospital for medical malpractice: 

• Surgical errors 

• Misdiagnosis or delayed diagnosis 

• Medication errors 

• Birth injuries  

• Anesthesia errors 

• Failure to obtain informed consent 

• Inadequate follow-up care 

• Hospital-acquired infections 

• Improper treatment 

While misdiagnosis, improper treatment, and surgical errors are considered three most common causes of medical malpractice, any of the aforementioned scenarios can result in severe consequences, including prolonged recovery, additional medical expenses, and emotional trauma. In the worst-case scenario, a negligent error may result in death.  

Do Hospitals Usually Settle Out of Court? 

The short answer is “Yes, they often do.” Hospitals and their legal teams are well aware of the potential costs, both financial and reputational, associated with prolonged court battles. Settling out of court can be a more predictable, less public, and quicker resolution for all parties involved. 

However, it’s important to understand that not every case will be settled out of court. Each case is unique, and several factors can influence whether a settlement is reached or if a trial is necessary. 

Why Do Hospitals Prefer Out-of-Court Settlements? 

There are several reasons why hospitals tend to prefer settling medical malpractice cases out of court. Here are five key reasons: 

• Cost efficiency: Litigation is expensive. Hospitals save on legal fees and other related costs by opting for out-of-court settlements. This approach helps them manage their budgets more effectively and allocate resources to other areas of need. 

• Reputation management: Hospitals are acutely aware of their public image. A high-profile court case can damage their reputation and deter potential patients. Settling out of court allows hospitals to manage the narrative and maintain a more favorable public image. 

• Time savings: Legal battles can drag on for months or even years. By settling out of court, hospitals can resolve cases quickly, allowing them to focus on providing care rather than getting bogged down in lengthy legal proceedings. 

• Predictability: Court cases are inherently unpredictable. Juries can be swayed by emotions, and the outcome can be uncertain. Settling out of court gives hospitals more control over the final resolution and reduces the risk of an unexpected verdict. 

• Confidentiality: Out-of-court settlements often come with confidentiality agreements, which prevent details of the case from becoming public. This helps hospitals maintain privacy and avoid unwanted negative publicity. 

As a rule of thumb, the stronger the plaintiff’s case is, the more the hospital will want to settle. However, if your case is not strong enough and the hospital is willing to go to court, you could consider contacting a medical malpractice attorney to discuss how you can strengthen your case.  

Why You Shouldn’t Accept the Hospital’s Settlement Offer Before You Speak with an Attorney

It might be tempting to accept a settlement offer from the hospital, especially if you are facing mounting medical bills and other expenses. However, you shouldn’t accept the offer right away—at least not until you consult with an attorney. Here’s why:  

• Evaluating fair compensation: An experienced attorney can assess the full extent of your damages to make sure you understand how much your medical malpractice case is worth. They will ensure that any settlement offer reflects the true value of your claim.  

• Understanding legal rights: An attorney can help you understand your rights and ensure that you are not being taken advantage of by the hospital’s legal team. 

• Negotiation skills: Medical malpractice attorneys are skilled negotiators who can leverage their knowledge and experience to negotiate a better settlement on your behalf, potentially increasing the compensation you receive. 

• Objective perspective: Dealing with the aftermath of medical malpractice can be a stressful and emotionally draining experience. An attorney provides an objective perspective, helping you make informed decisions without being influenced by emotions. 

• Future considerations: Some injuries may have long-term implications that aren’t immediately apparent. An attorney can help you account for future medical expenses and other long-term effects when negotiating a settlement.  

Remember: Once you accept the hospital’s settlement offer, you cannot go back and request more compensation at a later date. That is why the decision to settle should never be taken lightly.  

Factors That Affect Your Chances of Winning a Lawsuit Against a Hospital

Several factors can influence the outcome of your medical malpractice lawsuit against a hospital, including:  

• Strength of evidence: The success of your case largely depends on the quality and quantity of evidence you present. This includes medical records, expert testimonies, and any other documentation that supports your claim of negligence. 

• Expert witnesses: Medical malpractice cases often require expert witnesses to explain complex medical issues to the jury and judge. That’s why the credibility and experience of these experts can impact the jury’s understanding and the case's outcome. 

• Legal representation: An attorney who has experience handling medical malpractice cases will be familiar with the nuances of these types of lawsuits and can provide quality representation in and outside of court. 

• Hospital’s defense strategy: Hospitals typically hire robust legal teams experienced in defending against medical malpractice claims. Understanding their strategies and preparing counter-arguments with your attorney is essential for a successful outcome. 

• Jurisdiction: The laws and regulations regarding medical malpractice vary by state. Some states have caps on damages, while others do not. The jurisdiction in which your case is filed can influence the potential compensation and overall success of your lawsuit. 

• Plaintiff’s credibility: The credibility of the plaintiff, or the injured party, can also affect the case. Any inconsistencies in your testimony or behavior may be scrutinized and used against you by the defense, which is why you should consider working with an attorney when preparing your case for court.  

By understanding the factors that affect your chances of winning a lawsuit, you can make informed decisions regarding your next steps to maximize your compensation and achieve justice. Also, you need to keep in mind that there is a limited amount of time to file a medical malpractice claim.  

We Can Help You Pursue the Compensation and Justice You Deserve

If you are not sure whether you should settle your medical malpractice claim or take your case to court, I am here to help. At The Law Office of Dan N. Fiorito III, I’m both a skilled negotiator and an aggressive litigator. I’m well aware of the litigation techniques and strategies hospitals and their legal teams use to shield themselves from liability or pay patients as little as possible.

I can use my experience, skills, and resources to your advantage to help you pursue the compensation and justice you deserve. Call my office today to schedule a free case review. With an office in Seattle, Washington, I serve clients throughout Western Washington, including Bellevue, Everett, Puget Sound Area, and Tacoma.