Medical malpractice lawsuits can be filed against hospitals and medical facilities of all sizes. But just because you believe you have a strong case doesn’t mean you’re going to walk out of court with millions of dollars owed to you. Even the best NY bedsore attorney in Suffolk County will recommend settling some medical malpractice cases out of court. This isn’t because the bedsore lawyer doesn’t have confidence in their skills or abilities. It’s because some cases are simply difficult to prove based on the evidence available. Here are some of the many reasons why a large portion of medical malpractice cases are settled before going to trial.

NY Bedsore Attorney

Plaintiffs Don’t Always Win At Trial

When a medical malpractice case goes to trial, the plaintiff could receive a very large award or they could end up with nothing. Working with an experienced bedsore attorney in Brooklyn, NY is critical since they can evaluate the case and determine your chances of succeeding in court. Unless you have loads of evidence in your favor that can be proven beyond a shadow of a doubt, then chances are the result of the case could favor the defendant, it could be dismissed, or result in no verdict.

A good bedsore attorney in Brooklyn, NY will evaluate all of the evidence and gather as many facts as possible. Many clients want to take the matter to court immediately because of the first-hand experiences they had with a particular doctor or staff, but a bedsore lawyer should help them take a step back. The evidence has to be very strong that medical negligence took place, and since the jury typically sides with the expertise of doctors, proving this negligence is often incredibly difficult.

Strong Evidence Isn’t Presented Often

If you and your NY bedsore attorney in Suffolk County take your case to trial without overwhelming strong evidence, there’s a large probability that you’ll end up losing the case. Juries often enter the courtroom skeptical about the claims made by the plaintiff and they need overwhelming evidence to prove that the doctor or staff was guilty of medical malpractice. Without the strongest evidence possible, the chances of winning a medical malpractice case are very low.

Proving Negligence Is Difficult

Negligence might seem evident to a plaintiff, but a good bedsore lawyer knows it’s much more difficult to prove. There are four different aspects the defendant must prove to have a chance at winning their medical malpractice lawsuit. Those aspects include:

  • Proving the doctor had a duty to care for the patient.
  • Proving the doctor did not fulfill or uphold their duty and that they did not act as a reasonable physician would based on the circumstances.
  • The patient suffered an injury.
  • The patient only suffered an injury due to the action or inaction of the doctor.

It’s the responsibility of the plaintiff to prove all four aspects of negligence based on concrete evidence. The only aspect that is somewhat simple for a bedsore lawyer to prove is the first point stating that the doctor has a duty to care for the patient. The other three points aren’t as clear-cut and the outcome of your case will depend on the evidence available. If your bedsore attorney in Brooklyn, NY can’t prove all four aspects, they will usually suggest settling out of court.

The Defendant Usually Has A Strong Legal Team

A good bedsore lawyer will understand who he would be up against in court. Doctors and medical facilities have the best lawyers and insurance companies ready to defend them and they will go to great lengths to do so in court. What this usually means is the trial will be drawn out for up to several weeks, and your chances of winning will decrease with every day that passes. Even the best NY bedsore attorney in Suffolk County knows they often won’t win certain cases, so they will usually suggest settling outside of court just to ensure their clients get something.

When It Makes Sense To Settle Before Going To Trial

Your bedsore lawyer should present you with some options for both going to trial and potentially settling out of court. Sometimes the defendant won’t be reasonable with you, though, and will demand a court trial if they strongly believe they have a better case than you. They could also be limited by insurance companies and are not able to make a reasonable settlement offer. 

So while there are situations in which it makes sense to settle before going to trial, it’s not a guarantee. Clients sometimes believe settling outside of court means they lost the case, but the opposite is true. Your bedsore lawyer will tell you settling on a medical malpractice case is actually a victory because you walk away with some kind of compensation. Not every person is that lucky.

Sinel & Olesen, PLLC will evaluate your case thoroughly and provide you with several options for proceeding in your medical malpractice case. While we want you to win the case and receive maximum compensation, we also don’t want you to walk away with nothing. An experienced bedsore lawyer from our firm will make recommendations in your best interests, so contact us today to schedule a free case evaluation.


My attorney was meticulous, intelligent, and had an exceptional demeanor with the judge and jurors. When the Jury verdict was returned in our favor I hugged my lawyer and cried. It wasn’t just the money that was so satisfying, it was being in the Courtroom with the doctor and their lawyers when the Judge told them the jury found them responsible.

France P.

We were not only pleased with the monetary award, but to see these facilities held accountable, we finally had some closure. I would recommend Sinel & Olesen, PLLC, to any family with a case involving bedsores or medical issues against a nursing home or hospital.

Lisle B.

Elliot Sinel was our trial attorney and our whole family watched the jury trial unfold for two weeks. Watching our lawyer cross exam the defendant doctors and nurses and exposing their neglect in the care for our father gave us all a great sense of satisfaction. The jury awarded us a tremendous sum of money and we all felt vindicated…

Terrence H.

Sinel & Olesen, PLLC, never told me to settle, instead they brought the case to trial and combined, a jury gave us close to a million dollars. I was very impressed by the trial attorney and the medical expert surgeon that my lawyers brought to court to testify.

Suzanne F.

Before the case went to trial, Elliot Sinel convinced the insurance company for the nursing home to pay us a large award. My sisters and I always knew that the medical negligence caused my father to suffer. The settlement gave us a feeling that the facility finally acknowledged their wrongdoing…

Ana B.