Medical malpractice cases are uniquely complex, involving significant stakes for both victims and healthcare providers.
For many individuals seeking justice after suffering harm due to medical negligence, one of the most pressing questions is, what percentage of malpractice cases settle?
Understanding the dynamics of medical malpractice litigation is crucial, whether you’re a patient seeking compensation, a healthcare professional, or simply someone interested in the legal process.
At Poulos & Coates, our Las Cruces medical malpractice lawyers understand the intricacies of these cases and are here to guide you every step of the way.
With over 100 years of combined experience, a doctor and two nurses on staff, and more than half a billion dollars recovered for our clients, we are committed to ensuring our clients receive the justice they deserve.
The Reality: Do Most Medical Malpractice Cases Settle?
Yes, the majority of medical malpractice cases settle before going to trial. In general, more than 90% of medical malpractice lawsuits are resolved through settlements.
This high percentage reflects the preference of both plaintiffs and defendants to avoid the lengthy, uncertain, and costly process of a courtroom trial. Likelihood of settling a malpractice case is higher because of these factors.
However, the remaining cases, about 5-10%, do go to trial. When they do, the outcomes often favor healthcare providers; a study in the National Library of Medicine found that plaintiffs prevail in only about 27% of trials.
Success rate of malpractice lawsuit settlements in favor of the plaintiff is higher than those that go to trial. This is likely because if the healthcare provider is willing to go to trial, they generally have a very strong case.
Why Do Most Medical Malpractice Cases Settle?
Risk and Uncertainty of Trial
Trials are unpredictable. Even with strong evidence, juries can be swayed by expert testimony, the complexity of medical terms, or the emotional weight of the case.
Both plaintiffs and defendants often find it more beneficial to settle and avoid these risks.
Cost and Time
A trial can take years and requires significant financial resources. For plaintiffs, this can mean ongoing medical bills and lost wages while waiting for a resolution.
Defendants—typically hospitals or insurance companies—are also motivated to minimize costs and avoid prolonged public scrutiny.
Privacy
Settlements often include confidentiality agreements, allowing both parties to keep details private. This is particularly attractive to medical professionals who wish to protect their reputations.
Medical Malpractice Settlement Statistics: What Percentage of Malpractice Cases Settle?
Medical malpractice settlement statistics consistently show that the vast majority of cases never see a courtroom. Here are some key insights:
- Likelihood of settling a malpractice case. Studies reveal that approximately 90% of cases resolve through settlement.
- Average settlement rate for malpractice cases. The average settlement amounts vary significantly depending on the severity of the injury, but may amount to hundreds of thousands of dollars. Catastrophic injuries or wrongful death cases often result in higher payouts.
- Success rate of malpractice lawsuit settlements. Plaintiffs who settle have a much higher chance of obtaining compensation than those who go to trial, where success rates are as low as 20%.
These statistics highlight why settling is often a preferable route for both parties.
The Role of Expert Witnesses in Settlements
Expert witnesses are pivotal in medical malpractice cases. They help establish whether the standard of care was breached and if that breach caused harm.
Their testimony often shapes the settlement process. Insurance companies and defense attorneys assess the credibility of these experts when deciding whether to negotiate a settlement.
The Courtroom: When Cases Go to Trial
Although most cases settle, those that go to trial tend to involve disputes over liability or damages. Trials can be a gamble for both sides:
- Plaintiffs face the challenge of proving their case beyond a preponderance of the evidence, often against well-funded defense teams; and
- Defendants risk substantial financial losses if the jury rules in favor of the plaintiff.
For this reason, trial lawyers like those at Poulos & Coates are essential. We are in the courtroom almost every day, prepared to fight for our clients and secure justice when settlement negotiations fall short.
How Poulos & Coates Can Help
Navigating a medical malpractice case is overwhelming, but you don’t have to do it alone. Poulos & Coates is the only New Mexico law firm focusing exclusively on medical malpractice litigation.
With our extensive courtroom experience, medical professionals on staff, and a track record of success, we are uniquely positioned to help you secure the compensation you deserve. Why Choose Poulos & Coates?
- Unmatched expertise—over 100 years of combined experience in medical malpractice litigation;
- Comprehensive support—a doctor and two nurses on staff to provide unparalleled insights;
- Proven results—more than half a billion dollars in recoveries for our clients; and
- Client-centered Approach—we are dedicated to taking care of you and your family throughout the legal process.
Choosing the best medical malpractice attorney with experience and a high medical malpractice settlement success rate can have a meaningful impact on your ability to recover.
Take the First Step Toward Justice
If you’ve been harmed by medical negligence, understanding what percentage of malpractice cases settle is just the beginning.
The path to justice starts with a trusted legal team by your side. Poulos & Coates is here to guide you through the complexities of medical malpractice claims and fight for the compensation you deserve.
Don’t wait. Contact Poulos & Coates today for a free consultation and let us put our experience, dedication, and resources to work for you.
Frequently Asked Questions
What Is the Likelihood of Settling a Malpractice Case?
Approximately 80-90% of medical malpractice cases settle before going to trial, making settlement the most common outcome.
What Is the Average Settlement Rate for Malpractice Cases?
Settlement amounts vary, but often amount to hundreds of thousands of dollars, with higher amounts for severe injuries or wrongful death.
Why Do Most Medical Malpractice Cases Settle?
Settlements are quicker, less costly, and less risky than trials. They also allow both parties to maintain privacy through confidentiality agreements.
How Can I Ensure the Best Outcome for My Case?
Choosing an experienced law firm like Poulos & Coates significantly increases your chances of a favorable settlement or trial verdict. Our medical malpractice focus and courtroom expertise set us apart.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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