Issues Associated with Settling a Florida Medical Malpractice Case
Defendants in medical negligence cases are likely to low-ball settlement offers in order to avoid paying an injured patient’s damages. A low settlement offer can be especially insulting and devastating for a severely injured individual or a family who is representing a victim of wrongful death. Claimants in medical malpractice cases are looking for an opportunity to continue to live and pay for their future healthcare expenses or the losses they have incurred.
Sometimes, when the settlement process starts early on, the numbers can be very low. For this reason, it is crucial to trust your experienced medical practice attorney to make the right decision about issues associated with settling a Florida medical malpractice case.
Receiving a Settlement in a Timely Manner
One of the issues associated with Florida medical negligence cases, it can take up to four months for settlement funds to actually get to the claimant. Part of the reason for that is there are medical liens, which represent insurance companies’ interests in a personal injury claim. Coverage providers may require a claimant to pay back their previously covered medical expenses. If the medical negligence had never occurred, they would never have had to make those payments to cover the injured party’s hospital bills, so insurance companies often take a portion of a plaintiff’s settlement.
Coverage providers are entitled to receive a refund of the medical expenses that were paid on behalf of the injured party or the estate of the decedent. However, trying to get those companies to either lower, reduce, or eliminate their liens is challenging without legal counsel. This can take a long time to resolve and is probably the biggest holdup in getting settlement money into the hands of the claimant. Medical malpractice lawyers should be able to assist with those liens and expedite that process so the client can receive their recovery check sooner rather than later.
What to Bring to Negotiations
The injured party should bring a brief summary of what caused or what they believe caused their damages as well as their medical records. It is critical for attorneys to review a patient’s medical records associated with the negligent doctor’s or nurse’s errors before entering settlement negotiations.
While it is not necessary to bring medical records to negotiations, doing so is substantially helpful in avoiding issues associated with settling a Florida medical malpractice case. For example, a defendant doctor may minimize the severity of the plaintiff’s injuries, but having medical records would allow the claimant to disprove their arguments.
An Attorney Could Help You Avoid Issues Associated with Florida Medical Malpractice Cases
Anyone looking to pursue a lawsuit should contact an attorney before entering litigation. For medical negligence cases, it is especially important to contact a lawyer who specializes in medical malpractice because the laws have complicated the process of bringing one of these claims to litigation.
Beyond that, medical malpractice lawyers often deal with the same attorneys on the opposing side on a regular basis, so they become familiar with the most and least effective defense strategies. For this reason, injured patients should enlist the services of our qualified legal team for help with avoiding issues associated with Florida medical malpractice cases.