Do Most Medical Malpractice Cases in Arizona Settle?
If you suspect you were the victim of medical malpractice in Arizona, you might be entitled to significant compensation. Taking on a medical provider can be challenging, but you can seek the answers and justice you deserve with the right attorney on your side.
One of the questions you might have for your attorney is, “Will my case settle, or will it have to go to trial?” Here, we’ll discuss the statistics regarding medical malpractice claims, what makes these cases so challenging to win, and how the Arizona medical malpractice attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C., are prepared to help you.
Are Most Medical Malpractice Cases Settled Out of Court?
Many Arizona medical malpractice cases resolve through settlement. However, due in part to the complexities associated with medical malpractice cases, some require court proceedings or even a trial and verdict to resolve the matter. A trial may be more likely in a complicated medical malpractice case than in a simple car accident matter, for example.
Little empirical data exists about the rate of medical malpractice cases that reach out-of-court settlements. One study published in the Journal of Clinical Orthopaedics and Related Research analyzed the outcomes of two decades of other medical malpractice studies to determine the relative rates of court verdicts and out-of-court settlements.
According to the study, the rates of out-of-court settlements for medical malpractice cases varies considerably based on the quality of care and the quality of the evidence presented:
- In 11 out of 12 studies researchers reviewed, a positive correlation existed between the strength of the evidence of the alleged malpractice, the chance of a settlement, and the size of the settlement payout.
- Another study found 91 percent of medical malpractice cases in which the provider’s care was considered “negligent” ended in settlement payments. Fifty-nine percent of cases in which negligence was “unclear” ended in settlements, and 21 percent of cases in which the provider’s care was considered “defensible” ended in settlements.
Overall, researchers concluded there is a strong relationship between the quality of a patient’s care and the likelihood of receiving a medical malpractice settlement. The clearer the evidence of a provider’s negligence, the more likely a medical malpractice case will result in a settlement.
If I Am Partially to Blame, Can I Still Recover Money for Arizona Medical Malpractice?
Arizona uses pure comparative negligence. In practice, this means injured people are entitled to claim compensation from parties who are at fault for their injuries, but the amount of compensation they can recover may be reduced if they are partially to blame.
Let’s say you filed a successful medical malpractice lawsuit with losses of $100,000, but the court determines you are 20 percent at fault and your physician is 80 percent at fault. The most you could recover from a trial verdict would be $80,000, which is 20 percent less than the total available compensation since you contributed 20 percent of the fault for your injuries.
What Makes Medical Malpractice Cases More Challenging to Win?
Compared to other personal injury cases, medical malpractice cases can be particularly challenging to win. Two main reasons why these cases are so challenging are:
- Proving a medical provider was negligent is much more involved than, say, proving that a motorist or property owner was negligent. Modern medicine is a highly specialized field with regulations, procedures, and jargon unfamiliar to most laypeople. To prove that medical malpractice occurred, it’s necessary to understand exactly what went wrong and what should have happened instead.
In most cases, this means carefully reviewing every detail of your medical records for evidence of negligence. If you don’t know what various terms mean or why your doctor made certain decisions, it’s challenging to prove they acted with negligence. That is why most medical malpractice attorneys rely on consultations with other medical experts, who can explain the accepted standards of care and why your doctor’s actions were not in keeping with those standards.
- It is difficult to prove your injury, illness, or another unfavorable outcome directly relates to your doctor’s malpractice. If you were already sick or hurt when you initially sought medical care, it could be challenging to demonstrate that your doctor’s actions made your condition worse. That is why it’s so important to work with an experienced medical malpractice attorney who can establish a strong foundation for your case and work with experts who can support your claim.
Is There a Cap on Medical Malpractice Cases in Arizona?
Some states limit the compensation injury victims can obtain from medical malpractice lawsuits. However, Arizona isn’t one of them. Under § 31 of Article II of the Arizona state constitution, lawmakers are expressly prohibited from limiting the compensation available in personal injury cases, including medical malpractice cases.
Get Help from an Experienced Arizona Medical Malpractice Law Firm
If you believe you were the victim of medical malpractice, contact the Arizona medical negligence attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C., today. We will be ready to review the details of your situation and help you understand your legal rights during a confidential case review.
About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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