Published in ExpertBeacon, Partner Daniel Hodes authored an article on the factors to consider when deciding to settle or go to court in a medical malpractice lawsuit. First and foremost, Mr. Hodes says, “The best thing any plaintiff with a malpractice case can do is consult an attorney that has experience both litigating and mediating cases that are closely related to your own case.” This attorney must then communicate with the defense counsel early on to discern whether there is money on the table. Another important factor to consider is risk. There is risk in losing the case and having to be responsible for all or some of the costs incurred by the defense, as well as the risk that the jury will not favor you at trial.
Mr. Hodes explains other important factors to understand before deciding to pursue your case in court, including your state’s statute of limitations, the possibility of a cap on the amount you can win from a medical malpractice case, as well as discouraging the use of social media to publicize your case. Additionally, Mr. Hodes says that the attorney’s candid, yet experienced opinion can be useful in weighing the pros and cons of deciding whether to settle or go to court.