How Memphis Medical Malpractice Settlements Work: A Breakdown of Tennessee Medical Malpractice Payouts

Memphis medical malpractice settlements and other settlements of civil injury cases work in much the same way.  However, due to reporting requirements of the state and insurance companies, obtaining a medical malpractice settlement can be more difficult. There are really three steps to obtaining a Tennessee medical malpractice settlement.

It is important to note that this list does not forecast the extensive review of the file, research of the medical conditions, research of the law, and an application of the law to the medical facts.  Even once these preliminary steps are met, there must also be a review of similar verdicts or settlements based on the same injuries, disabilities, and pain and suffering to gauge an appropriate number.  Thus, having an experienced Memphis medical malpractice attorney to ensure these steps are fully completed is incredibly important to obtain the compensation you are entitled to.

Negotiation of the Matter

As with all types of settlements, the plaintiff and the defendants (often alongside the insurer of the defendant) negotiate the dollar amount of the settlement.  It is relatively easy to calculate the economic damages.  These damages are quantifiable, provable expenditures, or losses that are caused by the injuries that have been claimed.  Non-economic damages require a lot more negotiation.

Oftentimes the plaintiff’s idea of what is appropriate compensation for things like pain and suffering and loss of enjoyment can vary greatly from the valuation made by a doctor or an insurance company.  One of the most important factors in achieving a favorable settlement is for the plaintiff (the injured party) to show that he or she is ready and willing to go to trial and that he or she has an experienced trial attorney.  Insurance companies value not only the harm done to the patient, but they also value the reputation and skill of the injured person’s attorney.

Approval from the Culpable Party

This process is different from more common types of personal injury claims.  For Memphis medical malpractice claims, the settling physician is typically required to approve medical malpractice settlements.  Other personal injury cases are often settled by the defendant’s insurance company, regardless of whether or not the defendant wants to settle.

Oftentimes in medical malpractice cases, the doctor has the final say when it comes to approving a settlement.  Due to the large number of databases and state reporting repositories tracking medical malpractice settlements, they do not have the same level of confidentiality as other types of settlements.  Therefore, a settlement could have a direct and possibly dire effect on how much the doctor’s malpractice insurance costs.  It is possible that doctors would rather take their chances with a trial.

If a settlement has been negotiated and approved by the parties, it may then be necessary to obtain approval from the court, especially if the case involves minors.  This requirement is meant to prevent the settling of cases for a quick payout rather than providing for long-term financial needs.

Payment of the Settlement: Logistics

Settlements can be paid in a lump sum, in a structured settlement, or in a combination of both.  This depends on what the age of the plaintiff is, the laws of a particular jurisdiction, and the nature of the injuries.  How payment is to be made is often negotiated along with the amount.  Insurance companies often look to exchange quick payment for a discount on the overall settlement, whereas for the plaintiff it may be more advantageous to collected settlements over a span of years.

Summary of Tennessee Medical Malpractice Settlements and Judgments – 2011

According to the National Practitioner Data Bank, which collects data about medical malpractice settlements, there were 217 reported payments in Tennessee in 2011.  Of those payments:

• 62 were under $50,000.
• 31 were between $50,000 and $99,000.
• 39 were between $100,000 and $249,000.
• 40 were between $250,000 and $499,000.
• 35 were between $500,000 and $999,000.
• 9 were between $1,000,000 and 1,999,999
• 1 was $2,000,000 and more.
• Total payments made in 2011 were $46,850,000
• The median payout in Tennessee was $200,000.
• The median delay for payment was 4.0 years.

Here at Bailey and Greer, PLLC our Tennessee medical malpractice attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.