What Percentage of Medical Malpractice Cases Go to Trial?

If you or a loved one is hurt by poor medical care, you may wonder what percentage of medical malpractice cases go to trial.

Medical malpractice trial lawyer Robbert “Bobby” Jones explains: Do all medical malpractice claims go to trial?

How Often Do Medical Malpractice Cases Go to Trial in the United States?

Medical malpractice cases rarely go to trial in the United States. Most cases are settled or dismissed before reaching a jury.

Usually, if a medical malpractice case goes to trial, it’s because there is weak or conflicting evidence, a disputed legal issue, or one of the parties simply wants to have a trial.

What Percentage of Medical Malpractice Cases Are Settled Before Trial?

According to the American Association of Physician Leadership (AAPL), about 93% of medical malpractice cases settle before trial.

Do medical malpractice claims go to trial more often than other personal injury claims?

Yes. With a 7% trial rate for medical malpractice claims, medical malpractice cases are more likely than general personal injury cases to go to trial (4%).

This may be because many non-medical personal injury claims seek lower compensation amounts than typical medical malpractice claims. It may also be due to the added complexities of proving medical issues.

Why Do Most Medical Malpractice Cases Settle Out of Court?

The following factors can influence whether or not medical malpractice cases settle out of court.

• Certificate of merit. South Carolina medical malpractice claims require a certificate of merit. This certificate is a professional opinion of the merits of the case, filed along with the first legal documents.
• Discovery. The legal process requires the parties to openly share evidence, narrowing disputed issues.
• Cost savings. Settling the case can reduce trial costs, resulting in more compensation for the client.
• Insurance. Nearly all medical professionals carry insurance for medical malpractice claims.
• Alternative dispute resolution. The parties participate in mediation, and the courts also facilitate case resolution with court conferences.
• Plaintiffs prefer it. Settling out of court gives the plaintiff certainty of the outcome. Plus, the plaintiff doesn’t have to testify in court. Many plaintiffs prefer a settlement to going to trial.

One study found that the strength of the case for negligence corresponds to the likelihood of settlement and the settlement amount. That means it’s important to investigate the case thoroughly and build strong proof.

What Factors Determine Whether a Medical Malpractice Case Goes to Trial in SC?

Factors that determine whether a case goes to trial include:

• Proof of negligence. How clear it is that medical negligence occurred.
• Causation. Whether it’s clear that medical negligence caused the victim’s harm.
• Damages. Evidence to prove the victim’s losses.
• Compensation. The amount sought in compensation.
• Punitive damages. Whether the case seeks punitive damages.
• Legal issues. Novel or complex legal issues that may require a judge’s ruling.
• Conclusions. If more than one reasonable conclusion can be drawn from the evidence.
• Costs. Added expenses associated with going to trial.
• Discovery. Whether the parties have fully engaged in the discovery process to narrow disputes.
• Dispute resolution. If the parties have participated in facilitated settlement discussions.
• Resources. Resources available to pay compensation, such as insurance policies.
• Preferences. Whether the plaintiff or defendant wants to take the case to trial.

There isn’t a single factor that determines whether a medical malpractice case will go to trial in SC. However, clear evidence of medical negligence is a major factor. If there’s little room to dispute that the doctor acted negligently, causation and damages may be the only issues to discuss.

For plaintiffs, it’s critical to build proof of negligence, including working with qualified experts. An expert must explain what happened medically, both in the preliminary court findings and, if necessary, before the jury. This evidence sets the foundation for serious settlement discussions.

What Are the Risks of Taking a Medical Malpractice Case to Trial in South Carolina?

Even with a strong case, there’s no absolute guarantee of results in court. The court may exclude key evidence. A witness may say something that you don’t expect. The jury may have biases or may not understand their role or the evidence.

Taking a medical malpractice case to trial is a risk. But that doesn’t mean that it should be avoided in all circumstances. Going to trial can be necessary. Weighing the pros and cons of taking a medical malpractice case to trial, going to trial can be the best option.

An experienced lawyer can help you determine the right strategy for your case.

What Are the Advantages of Settling a Medical Malpractice Case Before Trial?

Advantages of settling a medical malpractice case before trial include:

• Certainty. You know the exact case result.
• Flexibility. A settlement can offer more flexibility than a trial judgment.
• No admission. A defendant may be willing to pay more in compensation if they don’t have to admit wrongdoing.
• Cost savings. Settlement saves on trial costs.

A lawyer can help you determine if settling is right for you.

How Does the Trial Process Work in a South Carolina Medical Malpractice Case?

The trial process in a South Carolina medical malpractice case starts with choosing a jury. The parties question potential jurors to select a jury that can be fair. The plaintiff then makes their opening statement, summarizing their case to the jury. The defense may respond.

The plaintiff presents their case, calling witnesses and admitting evidence. The defense can challenge the state’s evidence and present its case. Both parties may make closing arguments to the jury.

The court gives jurors instructions for how to decide the case. The jury deliberates and completes the jury verdict form.

What Is the Success Rate for Medical Malpractice Cases That Go to Trial?

One study in Clinical Orthopaedics and Related Research says that even with strong evidence of medical negligence, plaintiffs win only about half of medical malpractice cases that go to trial. In one study, the overall win rate for plaintiffs for all medical malpractice cases at trial was 27%.

Juries want to believe in the medical system, and this juror skepticism can work against deserving plaintiffs. In addition, jurors may struggle to understand complex medical information.

Why Greenville Medical Malpractice Victims Need an Attorney Who Is Prepared to Go to Trial

Whether, when, and how to settle a case are major questions to answer in any medical malpractice case. Still, getting the right compensation means always being ready to go to trial.

Robert “Bobby” Jones is a trial-ready lawyer. He prepares cases in full and puts clients in the best position to resolve their case as they choose, by settlement or trial.

If you or a family member has been harmed by medical malpractice, call or message us now.