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Why Do Medical Malpractice Cases Often Settle?
When something goes wrong in a medical setting, it can turn your world upside down. Whether it’s a botched surgery, a misdiagnosis, or permanent injury caused by negligence, medical malpractice victims often face years of pain, financial hardship, and emotional trauma. And when people consider taking legal action, one question often looms: Will my case settle, or will I have to go to trial?
At Boland Aarab PLLP, we’ve spent years handling complex personal injury and medical malpractice cases across Montana. We’ve taken on hospitals, insurance companies, and healthcare providers—and we’ve taken cases to trial when that’s what justice required. Today’s blog will unpack why most medical malpractice cases settle, why that’s not always a good thing, and why it’s critical to hire a law firm that’s experienced and willing to go to trial if necessary.
How Many Medical Malpractice Cases Settle?
Let’s start with the numbers.
According to the U.S. Bureau of Justice Statistics and studies by the American Medical Association and National Institutes of Health, over 90% of medical malpractice claims settle before trial. In fact, some studies estimate that fewer than 7% of med mal cases make it all the way to a courtroom.
Why is the settlement rate so high? It comes down to risk, cost, and time. Both plaintiffs and defendants weigh the cost of litigation, the uncertainty of trial outcomes, and the emotional toll of a prolonged legal battle. Doctors and hospitals also have insurance companies backing them—and those insurers are in the business of managing risk. That often means paying to resolve claims before they reach a jury.
But here’s the catch: not all settlements are created equal. And not every law firm is willing—or equipped—to fight for top value.
Why So Many Medical Malpractice Cases Settle
There are several reasons why the overwhelming majority of medical malpractice cases end in settlement:
Medical malpractice is one of the most complex and expensive areas of civil litigation. It typically requires expert testimony, in-depth medical analysis, discovery battles over records and audit trails, and extensive pretrial preparation. A strong case can cost tens—sometimes hundreds—of thousands of dollars to bring to trial.
For injured patients, especially those dealing with lost income or mounting medical bills, a timely settlement can offer much-needed relief.
Hospitals and healthcare providers often control the documentation. Proving malpractice may require uncovering omissions, edits, or subtle deviations from the standard of care hidden in reams of electronic records. While modern discovery tools (like audit trails) have improved transparency, it’s still a challenge—and one that defense teams use to their advantage.
Medical malpractice insurers are sophisticated. They hire top-tier defense firms and conduct detailed risk assessments. If they believe the plaintiff’s attorney is not ready or willing to take a case to trial, they’ll offer a lower settlement. But if the plaintiff’s attorney has a trial record and is prepared to put witnesses on the stand, insurers tend to re-evaluate their exposure. Settlement offers tend to reflect that pressure.
Even when insurers are willing to take a case to trial, doctors and hospitals may not be. The mere fact of a trial can damage a provider’s reputation. Settling confidentially is often the path of least resistance—even when the case is strong.
Why Trial Experience Matters Even If You Settle
This leads to a crucial point: just because most cases settle doesn’t mean you should hire a settlement lawyer.
Hiring a firm that is not afraid to go to trial and has the track record to prove it is often the single most important factor in getting a fair settlement. Why? Because insurance companies and defense firms know who’s bluffing.
At Boland Aarab PLLP, we don’t bluff. We prepare each and every case as if it’s going to trial. That means:
This approach pays dividends. It signals to the other side that we’re not just looking for a quick payday—we’re looking for justice.
In many cases, that leads to larger settlements before trial, because the other side knows they’re in for a fight. In others, it leads to victory at trial. Either way, our clients are better off for it.
What Makes Boland Aarab Different
We’re not a volume firm. We don’t take hundreds of cases and push for fast settlements. We’re trial lawyers, and we choose our cases carefully. If we take your case, it’s because we believe in it and we’re prepared to take it all the way.
Over the years, we’ve built a reputation for tackling high-stakes, high-complexity cases and delivering results. Our attorneys have tried cases to verdict in state and federal courts, argued in the Ninth Circuit, and secured six-figure verdicts for soft-tissue and jail suicide cases—even in Montana’s most conservative venues.
We’ve gone toe-to-toe with major hospitals, big insurance companies, and national defense firms.
Here’s what you can expect if we represent you in a medical malpractice case:
When to Call a Lawyer After Suspected Medical Malpractice
If you believe you or a loved one was harmed by medical negligence, don’t wait to speak with an attorney. These types of cases take time and there are statute of limitations deadlines to consider.
The earlier you call, the sooner we can evaluate your case and begin preserving evidence.
Final Thoughts
It’s true that most medical malpractice cases settle. But that’s only part of the story.
How they settle — and for how much — depends on the lawyer you choose. At Boland Aarab PLLP, we’ve built a practice around one principle: we want to fight for you. Whether it’s in the hospital boardroom or the courtroom, we’re ready to go the distance.
If you or someone you love has been harmed by medical negligence, contact us for a free consultation. We’ll listen. We’ll evaluate. And if we take your case, we’ll be in your corner every step of the way.