Post # 16
Thanks for the input! It’s not in writing (it was during a phone conversation where I was made to feel intimidated), so I think I actually will say I will only settle for what I lost and nothing less.
Post # 17
That’s what I would do. Don’t even acknowledge you ever said that.
Post # 18
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
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.
Post # 21
I’m in NYC, so hiring an attorney would be way too expensive considering the amount I’m suing for. I do have a good friend who is a lawyer, but I don’t want to have her take time out of work day to deal with my case. I have asked her for advice, though.
Post # 22
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.