If I pursue a medical malpractice lawsuit, does that mean I will have to go to court?

You will not necessarily have to go to court to obtain compensation in a medical malpractice claim. It may be resolved through the negotiation of a settlement.

In South Carolina, a mediated settlement conference must actually be held within 90 to 120 days after a notice of intent to file suit and an affidavit of merit by a medical expert is filed in a case and served on all defendants.

During mediation, a neutral third party, or mediator, works with each side to arrive at an agreement. These mediation sessions often result in settlements.

If we can negotiate a payment that meets your financial needs, then settling your medical malpractice claim may be the appropriate decision for you. However, acceptance of any settlement offer will be your decision. We will provide our best advice, but we must leave how to proceed up to you.

If no settlement is reached, your case would go to court. We would thoroughly explain to you how we plan to proceed at trial and what will be expected of you. We will do everything possible to ensure there are no surprises.

Here is a fuller explanation of How Medical Malpractice Claims Work.

Please call or contact us online today to learn more. We would be glad to schedule a free meeting at which we can talk to you about your case.

Posted in: Medical Malpractice FAQ