The Factors Affecting Settlement In A Medical Malpractice Case

by | Mar 19, 2015 | Law

Among the most difficult cases to win are those that involve medical malpractice. You will see articles once in a while that focus on an individual that was awarded millions of dollars in settlement but cases like this are few and far between, most cases of medical malpractice result in a decision that favors the defendant.

A medical malpractice lawyer in Miami is faced with numerous challenges; among them is the ability of the client to prove not only the case but the extent of the alleged injury. There are other things that impact the case including the expenses borne by the plaintiff including the cost of pursuing the case in court. Medical expenses, lost income, lost profits of the plaintiffs company and legal fees are things that will have an impact on the settlement.

The medical malpractice lawyer in Miami, along with his or her client has to prove their case in court. To win these difficult cases and be awarded damages the plaintiff is responsible for proving a number of things; the plaintiff must prove that he or she suffered an injury and the defendant caused it, the plaintiff must show that the injury was caused by incompetence or negligence and did not meet the accepted standard of care one can expect. If the plaintiff fails to show that there was gross negligence involved the chances of winning the case are slim.

This is not all doom and gloom, on the other hand if the plaintiff can prove that the injuries suffered were the direct result of medical malpractice the court will consider a number of things in determining the settlement. If the court feels the injuries were moderate and not life threatening or injuries that might result in a lifelong disability they will normally make a more moderate award, but as the injuries were caused by medical malpractice the court will most certainly adjudge the appropriate settlement.

Although the extent of the injury and its consequences are usually the most important elements in determining the award of damages the settlement may also be influenced by such things as the expenses incurred by the plaintiff in his or her pursuit of justice. The court can and often do take all the legal expenses into account as well as all medical expenses borne by the plaintiff as well as intangible pain and suffering.

Over and above an award granted for actual damages the court may also award punitive damages, these are damages that are awarded when the medical malpractice lawyer in Miami can prove that the injury resulted from extreme and willful negligence, these additional monies are granted as a form of punishment for the actions of the offender.

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