(Closed) Settling malpractice suit… I need to vent and get out this emotion

posted 6 years ago in Legal
Post # 17
Member
1341 posts
Bumble bee
  • Wedding: December 2012

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TGold:  That’s what I would do.  Don’t even acknowledge you ever said that.  

Post # 18
Member
2843 posts
Sugar bee
  • Wedding: May 2014

It’s not really “settling” if you ask for the full amount of your damamges.  Neither side has anything to lose by going to small claims court in that instance.  It’s only settling if both sides give up something.  I.E., you take less than the full amount, and they pay you something, despite the fact that the doctor might be found non-negligent.

 

Just my 2 cents…

Post # 20
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241 posts
Helper bee
  • Wedding: June 2017

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Mrs.Sawyertobe:  I respectfully disagree. A settlement is just another term for a resolution reached out of court. They could technically “settle” for even more than she originally demanded.

  • This reply was modified 6 years, 5 months ago by  pnp2014.
Post # 22
Member
2843 posts
Sugar bee
  • Wedding: May 2014

 

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misspj3:  I agree, they could, although I have never seen that happen.  This is a pretty low risk case for the doctor, it seems to me.  Generally, I tell my clients that settling means each side gives up something to avoid having a court tell you what to do.  The stakes in this one are pretty low.  I think negligence is probably questionable for this type of procedure.  I am sure the doctor has a lawyer telling him whether or not to settle.  I have never, ever, ever seen a case settle for more than the asking damages.  Always less.  This is sort of a nuisance value suit, though, so it might just be easier to settle. 

 

ETA, I don’t do med mal defense…..but I have advised clients on settling matters a lot.  I have never advised them to settle for full damages.

  • This reply was modified 6 years, 5 months ago by  NavyBee.
  • This reply was modified 6 years, 5 months ago by  NavyBee.
  • This reply was modified 6 years, 5 months ago by  NavyBee.

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