Do Most Medical Malpractice Cases Go to Trial?

Answer:

Recently, a gentleman called our office and wanted to talk to me about a medical malpractice claim that he had. He really wanted to know if most medical malpractice cases go to trial or if they settle. I had to explain to him that medical malpractice cases are a little different than all other cases. Here in California, if a doctor agrees to settle a medical malpractice claim, if the amount of that settlement is over $30,000, it has to be reported to the state medical board. I can tell you that it’s often extremely difficult to get medical malpractice claims resolved because quite often, the doctors do not want to consent to any settlement, because any settlement over $30,000 is going to be reported to the medical board. In certain instances, it is more likely that you’ll go to trial if you have a doctor that will not give their consent.