Do Hospitals Usually Settle Lawsuits?
Gregg Hollander | December 17, 2025 | Uncategorized
There are two big misconceptions I hear a lot:
- Hospitals quickly pay to make cases go away.
- If I am “only” suing for pain and suffering, it is not worth it.
Both deserve a closer look. Hospitals do settle malpractice cases, but rarely at the beginning.
In a strong plaintiff’s case:
- Liability is clear
- Damages are significant
- Expert support is solid
Do hospitals usually settle lawsuits? Hospitals and insurers often decide that the risk of a jury trial, combined with potential bad publicity, is not worth it. They typically prefer a confidential settlement.
However, they almost always insist on going through presuit, conduct full discovery, and depose the experts.
They want to understand exactly what they are facing before writing a significant check. I often tell people that if you are a plaintiff’s lawyer and you find yourself in trial on a med mal case, you should take a hard look at whether the case was as strong as you thought. The truly strong cases tend to settle.
What Damages Are Rarely Awarded in Negligence Cases?
What damages are rarely awarded in negligence cases? Punitive damages are rarely awarded in medical malpractice.
Punitive damages are meant to punish and deter extreme or reckless conduct that goes far beyond ordinary negligence. In a medical context, that would be something like:
- A surgeon operating while intoxicated
- Intentional falsification of records
- Repeated, outrageous disregard for patient safety
Most malpractice cases, even serious ones, involve deviations from the standard of care, not deliberate or reckless acts of that magnitude. For that reason, punitive damages are the exception, not the rule.
Is It Worth Suing For Pain And Suffering?
Is it worth suing for pain and suffering? Pain and suffering is an integral part of almost every medical malpractice case.
Non economic damages can include:
- Physical pain
- Emotional distress
- Loss of capacity to enjoy life
- In death cases, survivors’ mental pain and suffering and loss of companionship
In many cases the patient is retired or not working, medical bills are partially covered, and economic losses are modest. The case may be driven largely by pain and suffering. That is perfectly valid.
The challenge is that med mal cases are expensive and time consuming. They require:
- Multiple expert witnesses
- Extensive discovery
- Significant investment of resources by the law firm
If the injury is relatively minor or short term, the cost of litigating may be greater than any realistic recovery. That is when I have to tell people, as hard as it is, that the “juice is not worth the squeeze.”
On the other hand, when the injuries are permanent and life altering, or there is a wrongful death with significant emotional loss for close family members, then pursuing pain and suffering damages can absolutely be worth it.
Talk With a Florida Medical Malpractice Lawyer
If you are dealing with a serious medical injury, it is normal to have questions like: Do hospitals usually settle lawsuits? Are punitive damages ever realistic? Is it worth suing for pain and suffering if economic losses are limited? You should not have to guess.
The next step is a careful review of the medical records and, when appropriate, consultation with qualified medical experts. An experienced Florida medical malpractice lawyer can help determine whether liability is clear, whether damages justify the cost of litigation, and whether a case is likely to settle or proceed toward trial. You can also get a realistic explanation of what compensation may be available under Florida law and whether pursuing a claim makes sense for your situation.
Contact Our Florida Medical Malpractice Lawyers
Hollander Law Firm Accident Injury Lawyers, Boca Raton Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 510-7892
Hollander Law Firm Accident Injury Lawyers, Fort Lauderdale Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
(954) 287-0566
Hollander Law Firm Accident Injury Lawyers, West Palm Beach Office
319 Clematis St #203
West Palm Beach, FL 33401
(561) 556-7873