Why Clinicians Prefer Settling Medical Malpractice Claims Over Going to Trial
- EvaluCare
- May 23
- 6 min read
When medical malpractice occurs, the path to resolution can take two primary routes: settlement or trial. While trials are often perceived as the ultimate pursuit of justice, most involved parties would prefer settling claims out of court. Health systems that have communication resolution programs offer a different path away from a long contested costly trial.
The strong desire for resolution and closure is not just a patient desire, it is especially true for clinicians involved regardless of the level of negligence in care delivery. This preference is rooted in a combination of empathy, professional responsibility, and practical considerations. With less than 10 percent of all medical malpractice claims settled in court, the far majority are resolved out of court form many reasons, including but not limited to, the desires of the clinical team involved and especially physicians leading the care.
This is an introspective look by EvaluCare from a current and former hospital quality, risk management and healthcare executive perspective, why clinicians in particular prefer settlements over trials.
1. Empathy for Patients and Families
Clinicians enter the medical field with a commitment to heal and alleviate suffering. When outcomes are unfavorable, especially due to errors, they often feel profound empathy for the affected patients and families. Settling a claim can be a way to acknowledge the patient's experience and provide restitution without the adversarial nature of a trial. It can support patients and families while maintaining a sense of pride in their professional integrity.
2. Professional Responsibility and Accountability
Medical professionals are trained to take responsibility for their actions. When a mistake leads to patient harm, many clinicians feel a moral obligation to address the situation directly. Settling a claim can be seen as an extension of this responsibility, offering a means to rectify the error and uphold the integrity of the profession. It provides resolution and closure, while acknowledging care delivery is imperfect and can go wrong, even with the best intentions. And when it does go wrong, it will be made right through other means.
3. Upholding High Standards of Care
Clinicians hold themselves and their peers to rigorous standards. They have high professional standards and integrity. In the aftermath of an adverse event, internal reviews and peer evaluations often reveal additional insights and opportunities to reflect. With highsight being 20/20 there are nearly always areas of opportunity for improvement, even when clinical decision making was acceptable based on the information available at the time. Recognizing these opportunities, clinicians may prefer to settle claims as a step towards maintaining the profession's standards and fostering a culture of continuous quality improvement. Reviewing care for quality is a customary part of healthcare.
4. Protection Through Liability Coverage
Most hospital-employed clinicians are covered by the institution's liability insurance. This means that settlements typically do not have direct financial implications for the individual provider. Understanding this, clinicians are more inclined to agree to settlements that resolve the issue efficiently and compassionately.
Most captive insurance war chests are awash in funds reserved for malpractice claims. This knowledge can make the option of settlement more palatable, as it utilizes designated resources to address patient grievances without jeopardizing other aspects of hospital operations.
5. Awareness of Institutional Resources
Medical malpractice claims stemming from negligent care ties up a lot of internal healthcare organizational resources that could be used to make care safer. Whether dealing with an investigation or peer review, those resources are often overworked and stretched. That additional attention on a clinician isn’t lost on them. Clinicians are often a part of larger reviews, like Morbidity and Mortality reviews. Having their case get attention in a negative light, isn’t a professional badge of honor.
6. Preserving Professional Reputation
Trials are public proceedings that can attract media attention and scrutiny. With most clinician serving the public, their reputation is critical to success. Even if a clinician is ultimately exonerated, the process can cast a shadow over their professional reputation. Settling a claim privately allows clinicians to address the issue without the potential reputational damage that a public trial might entail. Cases that insurance companies pay out, result in the case and professional reputation of the clinician being recorded in the National Practitioner’s Database National Practitioner Data Bank (NPDB) and potentially reported to State practice Boards.
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7. Avoiding the Stress of Legal Proceedings
The legal process is time-consuming and can be emotionally taxing. Clinicians, whose primary focus is patient care, may find the demands of depositions, court appearances, and legal strategizing to be a significant distraction. Settling a claim allows them to return their attention to their patients and professional responsibilities more quickly. Many human factors linked errors can be tied back to distraction and stress. Caring for patients, while carrying the burden stress over a single care encounter that did not go well, will result in a lot of emotional focus.
8. Protecting Colleagues and the Care Team
Healthcare is a collaborative effort, and adverse events often involve multiple team members. Clinicians may choose to settle claims to shield their colleagues from the stress and scrutiny of legal proceedings, especially if they feel primarily responsible for the incident. When patients are harmed, it is common for there to be trauma upon the caregiver. Internal resources are often provided for clinicians who may experience vicarious trauma as the result of a medical error. Settling malpractice claims provides an opportunity to avoid additional trauma for care team members who may have been impacted by an adverse event.
9. Maintaining Internal Professional Relationships
Within a hospital, news of ongoing litigation can spread quickly, potentially affecting workplace dynamics. Clinicians may opt for settlement to minimize internal gossip and preserve professional relationships, ensuring a cohesive and supportive work environment.
Care team members often have differences in opinion that they openly share. Nurses may point the finger at physicians on the care team, who they feel did drop the ball and expose a patient to undue risk.
10. Seeking Fair and Timely Resolution
Settlements can provide a more predictable and timely resolution compared to the uncertainties of a trial. Clinicians may view settlement as a fair approach that addresses the patient's needs while allowing all parties to move forward without prolonged legal battles.
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11. Professional Integrity
Professional clinicians speak the truth and aren’t often influenced by what administration wants them to say. Healthcare administrators, risk management, and legal teams are limited on how much they can organize a clinician’s structure testimony and depositions.
Even defendable cases can come apart if clinicians freely speak about their feelings and perspectives about accountability. Not everyone deposed will share the same unified perspective. A healthcare organization’s ability to defend a case is directly correlated with the strong sense of professional integrity among most clinicians.
12. Trial Preparation, Depositions and More
There is no doubt that trial preparations are extensive. Building a strong case is going to require a medical malpractice attorney to depose clinicians. This is uncomfortable at best for many. Most clinicians who have been through the process before do not often report it as a pleasurable experience.
13. Additional Considerations
Emotional Well-being: The stress associated with malpractice litigation can have significant emotional and psychological impacts on clinicians. Settling a claim can alleviate this burden.
Learning and Improvement: Settlements can be accompanied by institutional changes and learning opportunities that prevent future errors, aligning with clinicians' commitment to continuous improvement.
EvaluCare: Supporting Patients and Families
Navigating a medical malpractice claim can be overwhelming for patients and families. EvaluCare, comprised of experienced hospital quality leaders and healthcare executives and clinicians, who have decades of healthcare experience working these cases of harm from the medical side, offers support in reviewing care and facilitating direct settlements with healthcare organizations.
Our team's medical insider perspective allows us to understand the nuances of healthcare operations and advocate effectively for patients seeking resolution. We partner with patients, family members and attorneys to get answers needed to achieve a successful outcome.
Understanding the reasons behind clinicians' preference for settling medical malpractice claims can provide valuable insight for patients and families navigating these challenging situations. With the support of organizations like EvaluCare, achieving a fair and compassionate resolution is within reach.
Additional Resources
For those seeking more information on medical malpractice:
EvaluCare: Provides case reviews and support for patients and families. Visit EvaluCare
American Bar Association – Medical Malpractice: Offers insights into legal aspects of medical malpractice. Learn More
MedlinePlus – Patient Safety: Provides information on patient safety and preventing medical errors. Explore Resources
DocInfo: Allows verification of physicians' credentials and disciplinary history. Check a Doctor
National Practitioner Data Bank (NPDB): Offers data on medical malpractice payments and adverse actions. National Practitioner Data Bank (NPDB)
Verywell Health – Medical Malpractice Guide: Provides a comprehensive guide on medical malpractice. Read Guide
PBS Documentary – A World of Hurt: Examines the impact of medical malpractice on patients and the healthcare system. https://www.pbs.org/video/a-world-of-hurt-how-medical-malpractice-fails-everyone-uklpuo/
AMA – Medical Liability: Offers information on medical liability and malpractice. Visit AMA
ChartRequest – Top Medical Malpractice Settlements: Provides information on significant malpractice settlements. View Settlements
Leighton Law – Famous Medical Malpractice Cases: Details notable malpractice cases and their outcomes. Explore Cases
Learn more at www.EvaluCare.net or email info@EvaluCare.net
Note: This blog post is intended for informational purposes and does not constitute legal advice. For personalized guidance, consult a qualified attorney.
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