judgement vs settlement

[dennisk]

What is the name of your state? iowa what would be worse for a doctor down the road
to have a judgement by a court for malpractice or have the state of iowa who he works for settle the claim will they both hurt his chances for future employment or insurance?
we are trying to decide if we want to settlle or go to court we are ready for court.however
we feel it would be better punishment for what the doctor did to our son [left him without oxigen in the icu for 20 minn causing severe brain injury] if he gets a court ordered judgement vs we settle what are your thoughts on this thanks DennisK

 

[GulfBreeze]

What is the name of your state? iowa what would be worse for a doctor down the road
to have a judgement by a court for malpractice or have the state of iowa who he works for settle the claim will they both hurt his chances for future employment or insurance?
we are trying to decide if we want to settlle or go to court we are ready for court.however
we feel it would be better punishment for what the doctor did to our son [left him without oxigen in the icu for 20 minn causing severe brain injury] if he gets a court ordered judgement vs we settle what are your thoughts on this thanks DennisK

what does your lawyer say?

 

[BoredAtty]

The judgment will hurt more. Both the settlement and the judgment will hurt to the extent that insuring him for malpractice will be expensive. But the judgment will be a matter of public record that anybody could review. Also, a settlement does not necessarily imply wrongdoing by the doctor, since they are reached to avoid the uncertainty and cost of litigation (i.e. there is always the chance that he would not be found liable in court). So the judgment would hurt his reputation more, considering that he was definitely found liable.

 

[ecmst12]

But the judgement will also take (YEARS) longer, and cost more, leaving you with less $$ in the end for your son's care. So you have to weigh all the factors.

 

[barry1817]

settlement v. judgment

What is the name of your state? iowa what would be worse for a doctor down the road
to have a judgement by a court for malpractice or have the state of iowa who he works for settle the claim will they both hurt his chances for future employment or insurance?
we are trying to decide if we want to settlle or go to court we are ready for court.however
we feel it would be better punishment for what the doctor did to our son [left him without oxigen in the icu for 20 minn causing severe brain injury] if he gets a court ordered judgement vs we settle what are your thoughts on this thanks DennisK

Often with a settlement comes a non disclosure clause that prevents either side from discussing the matter.

Having a judgment or a settlement, may then need to have a board action to work on his license and ability to treat patients. A civil lawsuit is about money. A board action is about the ability for a profession to practice.

Seems that you might want to pursue both venues if the action was as bad as you make it to be.

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