Malpractice: Settle or Litigate? Ask an Expert

By Robert Feeley

A person who never made a mistake never tried anything new” – Albert Einstein

It’s true that everyone makes mistakes – it is only human to err now and then. When a mistake occurs a wise person learns and uses the misstep as a lesson. However, there is a difference between a mistake and carelessness. This distinction is sometimes difficult to ascertain, and this is why incidents of malpractice are investigated by experienced attorneys and their staff. The investigations can be complicated and involve many processes, including what is called “discovery” which may include depositions of witnesses. Getting to the facts involves hard, diligent work.

The decision to settle or litigate when handling a malpractice case is also an instance where expert advice is necessary. Insurance companies, for example, traditionally attempt to avoid paying large sums for malpractice cases. Whether to take a case to court is a critical judgment that may make the difference between getting a victim the money they deserve, or not.

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