If you’ve suffered an injury while at a hospital, most likely, more than one person is at fault. This is because multiple parties were involved in handling you, handling your records, and operating on you. So, can you sue multiple parties? Absolutely. Often, suing multiple parties in a medical malpractice case is necessary.
For example, multiple people are involved in your operation, such as the surgeon, doctor’s assistant, and anesthesiologist. Thus, one or all of them could share a percentage in what went wrong. However, it’s usually quite challenging for a medical specialist or investigator to pinpoint who did what so that every medical personnel is brought into the suit.
Fault is shared amongst the defendants based on their percentage of fault that the evidence shows in court. Let’s say your medical injury is worth $600,000. If the surgeon is 60% at fault, then the surgeon must pay $360,000 of that recovery amount. If the assistant is 20% at fault, then the assistant must pay $120,000 of that recovery amount, and the anesthesiologist must pay the remaining $120,000.
When Is Taking A Settlement A Good Idea?
We understand that many survivors of medical malpractice may want to see to it that the parties responsible are found liable in court. There is nothing wrong with having this desire, and you’re entitled to your day in court. You’re also entitled to fair and adequate compensation that makes you whole again. To be made whole is to be restored to your previous state before the accident occurred. After a surgery or other medical error injures you, this may be physically impossible, so the purpose of the financial compensation is to make your new life as comfortable, affordable, and easy as possible.
Unfortunately, going to trial and waiting to receive the full amount of whatever the judge awarded you can be a lengthy process. It may even take years, especially if the defendants decide to appeal the lower court’s decision. Depending on the severity of your medical injury, the stress of a prolonged trial and the uncertainty of when you’ll receive your compensatory award may result in:
- Your injuries worsening
- Your lifespan shortening
- Further financial problems
Thus, sometimes, accepting a settlement may be in your best interest. Settlements have a much shorter time frame, taking weeks or just a couple months. Also, you can guarantee that you’ll receive your money much sooner than if you go to trial. If being compensated and putting this whole ordeal behind you are more important than holding the defendant(s) legally responsible, a settlement may be best for you. Although you may receive less money from a settlement, this doesn’t mean that it’s not enough to make you whole.
Of course, this is a decision that you should discuss only with a seasoned and knowledgeable medical malpractice lawyer in Memphis TN. The lawyers from Darrell Castle & Associates will work diligently and investigate thoroughly to ensure that the defendant’s settlement offer is more than enough to compensate you for injuries.