Steps to Take When a Hospital Admits Negligence and Wants to Negotiate

The Hospital admitted that my family was hurt by negligence, and wants to negotiate directly. What should I do?  In short, contact an experienced medical malpractice attorney.   The medical malpractice attorneys at Paul Trial Group have decades of experience. Over the years, we have litigated a wide variety of medical negligence cases and have achieved many verdicts and settlements in excess of $10 million for the seriously injured victims and families whom we have had the privilege of representing. We welcome the opportunity to talk with you about a potential medical malpractice claim and answer any questions you might have.

There are several states that require hospitals to disclose to patients whether the patient has been the subject of an adverse event. In fact, Florida law requires that hospitals develop systems for informing patients or their families that the patient “was a subject of an adverse incident.” Fla. Stat. Sec. 395.0197 (1)4(d). In truth, this actually happens in a very small portion of negligence cases. So if a hospital is disclosing that you were involved in an adverse event, all they are doing is following the law.

Patients who have come to us in this situation frequently have received offers to “zero out” the hospital’s bills. This may seem generous, given the fact that hospital bills related to adverse events can be hundreds of thousands of dollars, or more. However, these “offers” do not account for a number of factors, including the medical bills of contractors that work in the Hospital, and, more importantly, how the injury may impact the life of the injured person or their family.  Will they be able to return to work? Will they be able to continue caring for or supporting their family? Will they need extensive rehabilitation?

An experienced medical malpractice attorney can help you navigate these difficult situations.

When a hospital’s negligence is clear, Hospitals frequently admit liability and offer “arbitration.” When a Hospital offers arbitration under Florida’s Medical Malpractice Act, it is admitting “liability” (that it was negligent), but a hearing is held to determine the extent of the damages. While non-economic damages are capped at $250,000 per injured party, economic damages are not. Economic damages are much more than just medical bills and funeral expenses.

In a case where a patient has died, economic damages can include the loss of the patient’s financial support of certain family members, loss of their services in the home (for example, homemaking or homeschooling services), and loss of “net accumulations” of their estate. When a patient is significantly injured by negligence, economic damages can include loss of earning capacity, and cost of future medical care.

A medical malpractice attorney who is preparing a case for arbitration can assist you with retaining the services of an expert economist, who can quantify these damages for use in negotiations, settlement, or for the final arbitration hearing. An attorney might also engage the services of other experts depending on your case, to best present your unique damages. So offering to write off your hospital bills might just be one small part of a much larger damages picture.

An injured patient or family can decide to accept or decline an offer of arbitration. Doing so has risks and benefits, and the right choice will depend on many factors, including the specific facts of your case, the nature of your damages, the lawyer’s experience in the specific venue where your case may be brought, and many, many other factors. You should not make these important, life-changing decisions alone without the guidance of someone experienced.