If you sustained an injury due to the negligent actions of a medical professional, it may be difficult to decide whether to take them to court or to settle. There are pros and cons to settling a case out of court. The process of settling moves faster than going to trial, but you may be limiting yourself to the amount of money you may be eligible to receive.

It is best to speak to a knowledgeable medical malpractice attorney to help you understand all your legal options. Settling a case may be the most beneficial option to receive compensation for your injuries. You would not have to face a long trial or the risk of letting a jury determine the outcome of your case. Settling a Schenectady medical malpractice case may be the best option for many. Before negotiations begin, it is best to retain the services of an experienced medical malpractice lawyer.

Proving Negligence and Causation in a Medical Malpractice Case

Before settling a Shenectady medical malrpactice case, the plaintiff’s attorney should be able to prove that the physician’s actions were negligent and their negligence is the cause of the plaintiff’s injuries and losses. If the attorney cannot prove either one of these important points, it may be hard to obtain a settlement.


Evidence must be presented to prove that the physician or other health care provider failed to act in a reasonably prudent manner. If a physician did not follow the current standard of care, they could be held liable. A skilled attorney could prove the negligence using photographs, audio, video footage, witness statements and testimony of medical experts.


Proving causation is usually more complex and case-specific. Patients who have prior medical conditions that were exasperated by the negligence will have a harder time proving causation. It can be hard to show a jury how the negligence made the condition, illness, or disease worse. Medical records and medical experts could be used to help establish causation.

Factors in Settling a Medical Malpractice Lawsuit

Attorneys for both parties will consider several factors when determining a settlement agreement. These factors may include:

  • The total economic and non-economic damages incurred by the plaintiff
  • The long-term impact of the plaintiff’s injuries on their ability to work and enjoyment of life
  • The medical malpractice insurance policy limits for the defendant(s)
  • If the plaintiff could be held liable for any portion of their claim as per New York Civil Practice & Law Rules §4011a
  • The potential length of the trial process
  • Evidence presented in discovery by both sides such as the plaintiff’s past medical history
  • How a jury might view the case

How an Attorney Could Help Settle a Schenectady Medical Malpractice Case

There are many benefits to settling a case out of court. For example, it saves time and prevents the headache of enduring a long trial. Settling a Schenectady medical malpractice case should only be done with the help of an experienced attorney. Having a dedicated attorney could help a case tremendously. They could collect relevant evidence, speak to medical experts, and speak on your behalf during settlement negotiations. Failing to use legal representation or qualified representation could cause you to lose money that you are entitled to receive. An attorney will do their best to ensure their get maximum compensation for injuries and damages.