Should You Accept a Hospital’s Medical Malpractice Settlement Offer?

When you or a loved one experiences harm due to medical negligence, the emotional and financial burden can be overwhelming. Hospitals and their insurers often offer settlements to resolve medical malpractice claims quickly. However, before accepting any settlement, it’s crucial to understand your rights, the value of your case, and whether the offer is truly fair.

At Paulozzi LPA, we specialize in representing Ohio medical malpractice victims and ensuring they receive the maximum compensation they deserve. If you have received a settlement offer, our experienced attorneys can evaluate your case and help you make an informed decision.

Do Hospitals Usually Settle Medical Malpractice Claims?

Yes, hospitals frequently settle medical malpractice cases out of court. In fact, over 90% of medical malpractice claims are resolved through settlements rather than proceeding to trial. Hospitals and their legal teams prefer settlements for several strategic reasons:

• Cost Savings: Avoiding lengthy litigation reduces legal expenses and court fees.
• Reputation Management: Public trials can damage a hospital’s image, whereas settlements allow for discreet resolution.
• Time Efficiency: Trials can last months or even years, while settlements resolve claims faster.
• Risk Reduction: Jury verdicts are unpredictable, and hospitals prefer the certainty of settlements.
• Confidentiality: Many settlements include non-disclosure agreements to prevent negative publicity.

However, just because a settlement offer is on the table does not mean it’s fair. Hospitals often present “lowball” offers in hopes that victims will accept less than they deserve.

Understanding Medical Malpractice Settlement Offers

Before accepting a settlement offer, consider the following key factors:

1. Initial Settlement Offers Are Often Insufficient

Hospitals and their insurers aim to protect their financial interests. They may extend an early settlement offer that seems appealing but often fails to account for:

• Future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Long-term rehabilitation and care costs
• Emotional distress

Without proper legal counsel, you may underestimate your claim’s worth and settle for an amount that doesn’t cover your long-term needs.

2. Accepting a Settlement Means Waiving Future Claims

Once you accept a settlement, the case is officially closed. Even if you later discover new medical complications or additional expenses related to the malpractice, you cannot seek further compensation. This is why it is critical to consult with an experienced attorney before making a final decision.

3. Hospitals May Try to Bypass Your Attorney

If you have legal representation, the hospital should communicate settlement offers through your lawyer. However, some hospitals attempt to contact victims directly, particularly if they believe you are in financial distress. If you receive a direct settlement offer, inform your lawyer immediately to ensure your rights are protected.

Should You Accept a Medical Malpractice Settlement Offer?

The decision to accept a settlement depends on several factors:

Pros of Accepting a Settlement:

• Faster resolution and quicker financial relief
• Lower legal costs compared to a prolonged trial
• Less stress and uncertainty than going to court
• Guaranteed compensation without the risk of losing at trial

Cons of Accepting a Settlement:

• You may receive less than what you deserve
• Future medical costs and financial losses may not be fully covered
• The hospital avoids admitting liability, allowing potential systemic issues to persist
• You waive your right to further legal action

If the settlement offer does not cover your current and future expenses, rejecting it and proceeding with litigation may be in your best interest.

What Happens If You Reject the Hospital’s Settlement Offer?

If you decline a settlement offer, several options remain:

• Negotiation: Your attorney can negotiate for a higher settlement amount.
• Mediation or Arbitration: Alternative dispute resolution methods may facilitate a fair agreement without a trial.
• Going to Trial: If a fair settlement is not reached, your attorney can take your case to court, potentially securing a higher award.

Factors That Influence Your Settlement Amount

Several key factors determine the value of a medical malpractice settlement:

• Severity of Injury: Permanent disabilities or life-altering injuries typically result in higher compensation.
• Strength of Evidence: Clear proof of medical negligence, such as expert testimony, increases settlement potential.
• Lost Wages and Future Earning Capacity: Compensation should reflect the full financial impact of your injuries.
• Emotional and Psychological Impact: Pain and suffering play a role in determining the settlement amount.
• Hospital’s Willingness to Settle: Some hospitals are more likely to settle to avoid negative publicity.

How Paulozzi LPA Can Help with Your Medical Malpractice Case

At Paulozzi LPA, our experienced medical malpractice attorneys have a proven track record of negotiating fair settlements and achieving high-value verdicts in court. We will:

• Conduct a free case evaluation to assess the strength of your claim
• Gather medical records and expert testimony to build a compelling case
• Negotiate aggressively with the hospital’s legal team for maximum compensation
• Advise you on whether to accept or reject a settlement offer
• Take your case to trial if necessary to fight for the compensation you deserve

Contact Paulozzi LPA for a Free Consultation

If you or a loved one has suffered due to medical malpractice, do not accept a settlement offer without first consulting an attorney. Hospitals and insurance companies protect their own interests—Paulozzi LPA is here to protect yours.

Contact our Ohio medical malpractice attorneys today for a free, no-obligation consultation. Let us help you secure the justice and compensation you deserve.