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How are Medical Malpractice Cases Resolved?

Medical malpractice is a daunting reality in the healthcare industry. It is unfortunate that in some instances, healthcare professionals don’t provide the standard of care that their patients deserve. However, when such negligence happens, patients have the option of filing a medical malpractice lawsuit to pursue compensation for their injuries and losses. But what exactly happens with these medical malpractice cases? In this blog post, we will explore how medical malpractice cases are resolved.

Filing a Medical Malpractice Lawsuit

Medical MalpracticeThe first step in resolving a medical malpractice case is filing a lawsuit. The lawsuit is filed in a court of law, and the plaintiff, who is the patient, is required to provide evidence indicating a failure in care by the healthcare professional. The evidence will act as proof that the healthcare professional did not follow the recognized standard of care, and this resulted in the patient’s injuries or losses.

Informal Settlements

In most medical malpractice cases, an informal settlement is the first option. In this kind of settlement, the plaintiff’s attorney and the healthcare professional’s insurance company negotiate to find a fair agreement instead of going to court. Informal settlements are usually faster, less expensive, and less stressful than going to court. However, before settling, the plaintiff’s attorney will discuss the settlement agreement fully with their client to ensure the agreement is acceptable.


If an informal settlement negotiation does not work, mediation is another option. Mediation involves a mediator, who is a neutral third party, guiding the parties involved to reach an agreement. During the mediation process, the patient and healthcare professional will have an opportunity to resolve their dispute with the help of a mediator. Mediation is another option that is much cheaper than litigation.

Going to Trial

If informal settlements and mediation don’t work, the final option is going to trial to seek compensation. In court, both parties will present their case, and the judge or jury will hear all the evidence presented and make a final verdict. After hearing the evidence presented and assessing the case’s merits, the judge or jury will determine if the healthcare professional was negligent and calculate damages owed to the plaintiff.


After the court decision, either party can file an appeal. An appeal is a request to have the verdict reviewed by a higher court. During the appeal process, the higher court examines the record of the case and decides if the verdict was in line with the law. The appeals process could take several months or even years before reaching a resolution.

Partner with a Medical Malpractice Attorney in New Jersey Today

Medical malpractice cases are resolved either through informal settlements, mediation, or going to court. While informal settlements and mediation are cheaper and less stressful, sometimes, going to trial is the only option to seek justice. If you believe you or a loved one has been a victim of medical malpractice, it is essential to hire an experienced medical malpractice attorney who can guide you through the process and help you secure compensation. Remember, time is of the essence in medical malpractice cases, so act promptly.

Why Choose Gelman Gelman Wiskow & McCarthy for Help with Medical Malpractice in New Jersey?

Choosing a qualified medical malpractice law firm such as Gelman Gelman Wiskow & McCarthy for help in New Jersey could end up making all the difference. We’re committed to our clients’ success and have the experience and expertise to help secure the best outcome possible. You can count on us to work diligently for you while providing reliable legal guidance tailored to your individual situation. Whether you are facing a claim or filing one, we will fight hard on your behalf. If you need help with medical malpractice in New Jersey, contact us today to request a consultation so that we can discuss what options you have and how we can make sure that your rights are upheld and respected.

Don’t hesitate any longer – visit us online today or at any of our five New Jersey locations and let Gelman Gelman Wiskow & McCarthy show you why choosing us is one of the most important decisions you can make.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
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