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How Do Medical Malpractice Settlement Negotiations Work?

Medical Malpractice Settlement Negotiations

Medical malpractice cases are very specific types of legal actions. Unlike some personal injury cases where the fault is easily determined and losses are easy to calculate, a malpractice suit can be complicated and has its medical malpractice lawsuit settlements process. You need to go through a medical malpractice settlement process.


To prove malpractice, the injured party must show that the actions of the medical professional caused them harm. They must also show that the act that led to the injury was not “within the norm” of the medical community for treating or diagnosing a medical condition. Once this has been proven, the injured party must be able to show all areas where they have suffered injury or loss because of this negligent action.


Understanding medical malpractice lawsuit settlements Negotiations


Once it has been established that medical malpractice has taken place, your Medical Malpractice attorney will begin Medical Malpractice Settlement Negotiations with the insurance company representing the negligent party to secure a compensation package on your behalf. The medical malpractice settlement amounts of the compensation package will be based on many facts that are specific to your case.


The Oklahoma medical malpractice lawyers representing your case will use the following criteria to build a compensation package in medical malpractice lawsuit settlements:


Type Of Injury


The attorneys representing your case will look at the severity and type of injury that you received. The injury itself will determine many factors in your case. Some of the issues your attorneys will address include:

  •  Amount of medical care necessary to treat the injury
  • Whether or not continued care will be necessary
  • The amount of pain and discomfort that the injury has caused
  • If the injury has caused disfigurement, loss of limb, or a permanent disability


Loss Of Income


Your attorneys will look at the income you have currently lost due to the injury you received as well as any potential losses in the future. Your lawyers will consider one or more of the following as your sources for income:


  • Income from your job
  • Cost of benefits paid by your employer
  • Contributions to your retirement plan
  • Other income you may receive for goods or services you produce


Your attorney will also determine at this time if you are able to return to work or if you have to receive new training to perform a different job.Attorney will also take into consideration your age at this point. Your age can have a significant impact on your ability to return to work.


Loss Of Services


If you are required to hire people to perform services around your home that you usually complete, the attorney will account for these costs. If you have to hire a landscaper, a maid or even a person to run errands because you are unable to perform these tasks, the other party should be held accountable for these costs.


Medical Costs


Your medical costs both now and the future will be included in the compensation package. This includes the costs associated with your medical care as well such as transportation and special over-the-counter medicines or supplies that you may have to purchase. These costs will also look at if you need special medical care or continued care to make a recovery from the condition.


Depending on the facts of your case, your Oklahoma medical malpractice lawyers may also seek damages for pain and suffering. There are only certain circumstances where this type of compensation can be sought. If this applies to your case, your attorney will inform you of this and seek compensation accordingly.


Helping Your Attorney With Medical Malpractice Settlement Negotiations Process 



The negotiations process or medical malpractice settlement process takes several months to complete. Both sides of the lawsuit will gather information and conduct investigations. To help your attorney build the best case on your behalf. You need to follow following  recommendation::

Make All Doctor Appointments.

Make sure that you go to every doctor appointment that your doctor requires and that the opposing party requests. One of the most important things that you can do as the injured party is to make sure that you are showing all sides that you are willing to do what it takes to make a physical recovery from your injuries.

When you miss a doctors appointment it says to the other side that you are no longer in need of medical care. If you must miss an appointment, make sure it is for a really good reason and reschedule it as soon as possible. Document the reason why you had to miss the appointment to give to your attorney on your next appointment.

Supply All Document Requests.

In case  you are asked for information on your finances, doctor bills or any other information, make sure to get it to your attorney promptly. If the other side makes a request, prepare what you are going to send and make copies for your attorney. If you have any questions, speak with your attorney before sending.

Keep A Journal.

Keep a journal of everything surrounding your injury. Document your day, including the good ones. You want an accurate record of how the injury has impacted your life.

Record your office visits and what the doctor said and Record the accomplishments you have made in recovery, and record the setbacks that you have endured. Record your pain level and any difficulties you may be experiencing. This information will be very help for your case.

Avoid Social Media Sharing.

Social media is not your friend during a malpractice case. Everything you say on social media will be carefully scrutinized by the opposing party to use against you in the negotiations.

Refrain from posting anything on social media concerning your injury, how you are feeling good or bad, information about your case or pictures relating to the case. Refrain from pictures that show you smiling, even if they are old. Keep it really simple if you have to post anything at all.

Follow Your Attorneys Advice for medical malpractice lawsuit settlements and verdicts.

If you want your case to run smoothly, follow the advice of your Medical Malpractice attorney. Your lawyer is experienced in malpractice cases and knows exactly what needs to be done and when to have a good case. Trust your attorney to represent you and you will be happy with the end results.


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