Malpractice Settlement vs. Trial: Pros and Cons

About 95% of medical malpractice cases settle before trial. Settlements offer certainty and speed — typically resolved in 1–3 years vs.

3–5 years for trial. Trials offer the possibility of higher verdicts but also the risk of zero recovery.

Defendants (hospitals and insurers) often prefer settlements to avoid publicity. Your attorney will advise whether a settlement offer is fair based on comparable verdicts in your jurisdiction. Never accept a settlement without attorney review..