If you sue someone for medical malpractice, you’re actually suing the insurance company that provides the physician or the healthcare facility coverage. In some cases, this insurer will approach the person that has been injured and attempt to get the issue resolved by offering a settlement. This will oftentimes occur quickly after the injury is done. There are very good reasons why you should not take one of these settlements without contacting an attorney first.
The Damage Done
One of the reasons that you may be approached with a quick settlement is because the insurance company wants to settle the matter before the full extent of the damage that the physician did is known. Sometimes, the physician may actually point out that they did make a mistake, that mistake led to some sort of harm and that they want to make it right. Whether or not the physician or the insurance company are being noble in their intentions is completely irrelevant. The problem with taking one of these settlements is that the damage might be more extensive than you are aware of.
One of the easiest examples to illustrate this point comes in the types of cases thatDallas birth injury lawyers handle. These attorneys oftentimes handle negligence claims that involve a physician somehow causing an infant to come to harm, oftentimes suffering a brain injury. These brain injuries may lead to consequences that might not be obvious immediately. For instance, if the child affected develops cerebral palsy as a result of the brain injuries, the full effects of the condition may not be apparent until they are older, try to start walking, talking, going to school and so forth.
Accepting a settlement right away may mean that you end up not getting as much money as your child deserves for their injuries, in this example case. Your child may be offered – through you – an impressive sounding settlement, but if they suffered grievous injuries, that settlement may not be nearly enough to cover the expenses that they are going to endure as they age.
It is quite possible that a doctor who apologizes for causing an injury really does feel remorse for having caused it. It’s entirely possible that the malpractice insurer would want to make certain that the family does get money that can help them out. The problem with accepting a settlement because of these possibilities, however, is that it opens up the possibility that the money you receive may not be enough to actually cover the damages.