The vast majority of medical malpractice cases are settled out of court rather than going to trial. The exact percentage of medical malpractice cases that settle out of court can vary depending on the source of the data, but most estimates suggest that between 80% and 90% of medical malpractice cases are settled before trial.
There are several reasons why medical malpractice cases are frequently settled out of court. For one, settlements can be less time-consuming and costly than going to trial. This is often ideal so that both parties can avoid the need for lengthy legal proceedings and the associated costs of expert witnesses, depositions, and other expenses. Settlements can also be less risky for both parties, as they can provide a degree of certainty and predictability in the outcome of the case.