You and your family members have a legal right to expect that the medical professionals involved in your treatment will provide care that is standard within the practice at all times. However, the truth is that sometimes illnesses or injuries are caused not by strangers, but rather by a trusted medical provider. When a healthcare professional fails to uphold their duty of care and someone is injured as a result, medical malpractice may have occurred.

Medical malpractice cases can be long and overwhelming, especially if they end up in civil court, so sometimes the best outcome for both the plaintiff and the defendant is settling a Poughkeepsie medical malpractice case. Before signing any type of settlement agreement, consult a skilled medical malpractice attorney. They could assess the terms of the document and help identify potential areas of improvement.

Why Settle a Medical Malpractice Case?

For the plaintiff in a medical malpractice case, the ideal outcome is a damage award that fairly compensates them for both their economic and non-economic injuries and losses. For a defendant, the ideal outcome is a ruling in their favor that frees them from any obligation to compensate the plaintiff.

For both parties, taking a case to trial before a jury can be risky. Defendants in medical malpractice cases sometimes stand to lose millions of dollars, while plaintiffs could not only lose their case but also have to pay the legal fees for the defendant.

Although New York Civil Practice Law & Rules §214-a provides plaintiffs in a medical malpractice case only 18 months to file their case, medical malpractice cases can span the course of several years from beginning to end. Accordingly, they may also cost thousands of dollars in legal fees alone.

Given the mutual risks of going to trial and the amount of time a trial it may take, sometimes the best option for both parties is to agree on a settlement amount. In fact, over 90 percent of medical malpractice cases, including many in Poughkeepsie, are settled out of court.

Factors in a Medical Malpractice Settlement

Settling a Poughkeepsie medical malpractice case requires both parties to consider the important factors and evidence in the case. Some of these factors may include:

  • The strength of the evidence in the case
  • Medical expenses and lost wages of the plaintiff
  • How a jury would react to the case
  • The amount of time and money it would require to take the case to trial
  • Type of injury the plaintiff sustained
  • The reputations of the medical professionals

In virtually all medical malpractice cases, professional legal assistance is key. A qualified attorney could work with a prospective plaintiff to seek out evidence supporting the plaintiff’s position and present it effectively during negotiations in order to receive a more valuable settlement.

Settling a Medical Malpractice Case in Poughkeepsie With an Attorney’s Help

If you or someone you love sustained an injury or another adverse outcome resulting from medical treatment, you may have a valid medical malpractice case on your hands. It is your legal right to question whether your physician or other medical professional deviated from their professional standard of care.

A lawyer who is well-versed in New York’s medical malpractice laws could review all your legal rights and options with you, including the possibility of settling a Poughkeepsie medical malpractice case. To seek justice and compensation for damages for you or a loved one, call today to get started on your case.