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How Does a Settlement Negotiation Work
in Any Medical Malpractice Case?

Medical malpractice occurs when a doctor or a hospital or any other health care professional causes injury to the patient through a negligent act or omission in the treatment. These are much more common than one could expect. 

Medical malpractice cases are more complex than personal injury claims, which is why these cases often lead to negotiated settlements. And the odds of a good outcome without formal litigation are low. Hence, hiring an experienced lawyer is necessary. 

So, before you begin, reach out to any med mal law firm for legal assistance and check out our tips to learn more about negotiating medical malpractice settlements. 

Proving Negligence

Before you hire a lawyer from a med mal law firm or begin with the negotiating process, you will need to collect evidence. That shows the negligence of the doctor or the health care professional caused your injuries. 

Although collecting this evidence might be easy, proving the same is very difficult. As you would be needed to ascertain what are the generally accepted medical practices specific to the location and time that you suffered harm, which is more complex than collecting evidence. In addition, other factors that may have contributed to your injury also play a vital role.

Negotiating the Value of the Claim

After determining the medical professional liability for your injuries, you will need to value the claim for medical malpractice negotiation settlement. The value of your claim will include compensation for all of the losses that you have sustained due to doctor’s malpractice, including the following:

  • Losses for the worsened pain and suffering, both physical and mental, beyond what you would have experienced, caused by the original condition
  • Loss of wages you suffered from being unable to work because of medical malpractice
  • Loss of your ability to earn, due to permanent injury, resultant of malpractice

Importances of Medical Professional’s Approval

In general cases, the claims made for minor incidents are settled by the insurer of the medical professional, regardless of their acceptance of fault. But in the case of medical malpractice, the final say on settlement approval by a medical professional is considered necessary, compared to standard personal injury cases. In this case, the settlement would have a direct impact on their malpractice insurance.

However, if a medical professional strongly believes that they haven’t caused any sort of harm to the patient, settling outside the court might be difficult. 

How are Settlement Payments Issued

Once a negotiation over claim settlement is done, it's time for you to receive the payment. There are two basic ways by which a medical malpractice victim can collect their settlement amount:

  • Structured payment - These payments are conferred in cases involving minors or birth-related injuries to the victim. Here, the court sets up a fund to make sure that the victim has sufficient money for long-term medical treatment.
  • Lump-sum payment - These payments are less complicated and preferred by most of the victims and their lawyers as it allows them to set up funds that cover past, future, and current medical expenses.

Typically, the settlement payments are received by the victim’s lawyer. Who deposits the same to an escrow account and pays the victim after settling the outstanding balances, including legal fees. 


If you have suffered an injury caused by medical malpractice, it is best to reach out for legal help today. Med mal law firm has been in the business for years. They work hard to protect your rights and help you get the best possible settlement.

Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.

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