Reasons Why Virginia Medical Malpractice Cases Often Go to Trial
Prospective clients often believe that their cases are so strong, that they will never go to trial. Unfortunately, that is usually not what ends up happening.
Virginia medical malpractice cases often go to trial, unlike civil lawsuits that are typically settled outside of court. In Virginia, there is a cap on medical malpractice damages, which protects insurance companies. Insurers are able to calculate the worst case scenario for their losses and they know that if there are multiple defendants included in the lawsuit, they will split the total loss, if they are found guilty. For insurance companies, going to trial actually reduces their risk.
Don’t underestimate the amount of money that insurance companies are willing to spend to defend cases. Insurance companies basically have an unlimited budget that gives them the ability to “shop” for expert witnesses. They will utilize testimonies from experts that can vouch for the care provided by their doctors.
Medical malpractice lawsuits are more challenging than most people realize. Doctors usually will not say anything negative about another doctor in public. That means that even if a physician says that the other doctor made a mistake, there is a good chance that he or she will not say it at trial or during a deposition. Insurers place enormous pressure on doctors who say something negative about another medical professional. They sometimes find themselves shunned at medical meetings and have trouble obtaining insurance. There have been cases where professional ethics charges were brought against doctors who testified on behalf of patients.
If you have been injured by medical malpractice, your case will most likely go to trial and will require an extensive amount of hours and expenses.