Top 10 Reasons Most People Who Sue Never Get Their Settlements

Less than 50% of people who sue win a settlement or judgment. Even if you or your attorney feels that you have a good enough case to move forward, that doesn’t mean the judge or jury will feel the same way.

This Malpractice Guide guide explores some of the many reasons you may never receive your settlement if you decide to sue for malpractice.

The case is frivolous to begin with

The person suing is simply looking for a payday because they weren’t happy with the results of their medical care even though everything was done correctly.

The plaintiff can’t substantiate details because they didn’t keep records

Even if malpractice occurred, the person suing must have a clear enough understanding of their case to help a malpractice attorney put together a lawsuit and make it successful.

The plaintiff is untruthful in deposition

The person suing will often embellish their story to make it sound worse. If one point of their testimony can be shown to be false, then all their testimony is suspect.

The plaintiff doesn’t cooperate

A lawsuit can take months or longer. Medical malpractice lawyers need the ongoing cooperation of their clients to gather information and attend meetings. Surprisingly, plaintiff/clients don’t hold up their end of the bargain, and the lawsuit falls apart.

The plaintiff doesn’t continue their medical care

Those who have been harmed by malpractice must be diligent to continue to receive medical care. If they don’t, the case is easily made by defense lawyers that there is no way to determine when the plaintiff’s medical issues developed or got worse.

Medical records are altered

This is a crime in every state, and it isn’t common. But faced with losing a lawsuit, possibly losing a job and having their reputation harmed, some healthcare professionals will take the criminal step of altering records to cover up medical malpractice.

An incompetent malpractice lawyer is hired

Not every malpractice attorney has the skill and experience to consistently earn financial settlements for their clients. Some of them should be doing something else for a living.

A malpractice attorney is hired outside their specialty

A malpractice lawyer who is very successful winning childbirth injury lawsuits might not have the experience to win elder-care lawsuits. That’s why it’s wise to hire a specialist in the type of medical malpractice case you have.

The expert witness does a poor job

Most medical malpractice suits feature the testimony of an expert witness who understands the field and can make the case that malpractice occurred. If the witness does a poor job, it will be devastating to your chances for a malpractice settlement.

The jury goes against you

If the lawsuit goes before a jury, they may vote against you for lack of clear evidence that malpractice was committed. They may be swayed by the defense or may have personal prejudices which affected their decision.