There are more medical malpractice lawsuits filed in the state ofNew York than any other state in the country. This creates a backlog of cases. In some instances, it will take years for the case to go to trial.
New York also leads the country in the amount paid in claims. On average, a medical malpractice claim in the state paid more than $454,000, compared with the national average of $334,000.
The view of the court is that moving cases through the courts more quickly will be a winning proposition for all parties concerned. For the courts, it will reduce the backlog of cases. The reputation of the defendant will most likely suffer some damage with having a pending malpractice lawsuit, but moving the case through limits that damage. For the plaintiff, speeding up the process eliminates the worry of whether they will receive compensation for lost wages, bills and pain and suffering.
The court’s push to settle
For the most part, the state is placing emphasis on settling during the pretrial stages of the case. Several options are being explored, all involving an emphasis on settling before litigation. For obvious reasons, the New York City Health and Hospitals Corporation has pushed for early settlement of cases for years. They would like to see a judge-directed approach implemented where an experienced judge works with the plaintiff’s and defendant’s attorneys to effect a settlement as early as possible in the pretrial stages. The organization has indicated that it can result in savings both from reduced litigation costs and from lower settlement amounts.
What this means for defendants
As the emphasis is placed on settling in pre-trial stages by the courts and influential lobbies for hospitals and doctors, hiring an experienced medical malpractice attorney in New York will be even more important. Experienced attorneys will be working to limit the liability of hospitals and doctors; you should have one as equally experienced working to help you get the compensation you deserve. Negotiation skills and the ability to obtain the most favorable outcome during pretrial stages will become more important.