Settling a Bariatric Surgery Malpractice Case in Fulton County
When a medical professional commits an error that leads to a bariatric surgery complication, you have options for recovering compensation. You may file a lawsuit and go to court, but trial is not always necessary in these cases. If you are seeking an alternative to trial, talk to one of our dedicated attorneys about settling a bariatric surgery malpractice case in Fulton County.
Initiating Settlement Negotiations with the Negligent Party
It is unlikely that the negligent medical provider will offer a settlement after harming a patient. Thus, it is the injured patient’s responsibility to initiate negotiations. This involves sending a demand letter to the at-fault party stating the claims against him or her and requesting a certain settlement amount. An experienced lawyer could aid an injured bariatric patient in drafting this settlement demand.
Determining a Reasonable Settlement Amount
It is crucial that injured parties have a clear picture of their economic and non-economic damages before sending any settlement demands. A skilled lawyer could help bariatric patients determine an adequate settlement amount by thoroughly investigating the case and assessing the patient’s losses.
In cases where the patient requires long-term medical care or becomes unable to work, a lawyer might reach out to experts to help value the injured party’s economic damages. A life care planner could provide insight into the type of medical care the patient would need, and an economist could help calculate the amount of wages the injured party will lose over time.
A local attorney would also have the experience necessary to calculate the injured party’s non-economic damages. Without a diligent lawyer, a patient may significantly undervalue his or her case in the demand letter, leading to an insufficient amount of compensation.
Factors to Consider Before Accepting a Settlement in Fulton County
All bariatric malpractice cases are different, but there are some important factors to consider before accepting a settlement. If there is strong evidence that the medical provider was negligent, the settlement amount may be on the higher end. Injured patients should be wary of seemingly low settlement offers, especially when there was a clear medical error.
The timing of the negotiations may also impact the amount of compensation offered. The earliest settlement offers by the at-fault party will likely be the lowest. Filing a lawsuit often puts more pressure on the negligent person to offer a higher settlement. It is also possible for settlement offers to increase as the case approaches trial.
When it is highly likely that the injured party would receive more compensation in the damages award at trial than the settlement offer, it may be best to reject that offer. However, injured patients must consider whether they are willing to risk going to trial and not receiving anything.
Common Issues That Arise When Negotiating a Bariatric Malpractice Settlement
Throughout the settlement process, there are many issues that could arise. One of the issues injured patients run into is related to reimbursement liens. Individuals who received government payments toward their medical care must reimburse the government if they receive a settlement or a judgment from a negligent third party.
Additionally, anyone with insurance through their employer may have a claim for reimbursement asserted by their healthcare insurance. A diligent attorney could address these potential issues in a bariatric malpractice settlement.
Reach Out to a Lawyer Before Settling a Bariatric Surgery Malpractice Case in Fulton County
At Warshauer Woodward Atkins, we understand that no amount of money can change what happened. However, by advising you throughout the settlement process, you could obtain enough compensation to begin the recovery process and get back on your feet. Get in touch with our firm today to discuss settling your bariatric surgery malpractice case in Fulton County.
