There aren’t any specific laws that require all pharmacy malpractice cases to settle or go to trial. Whether a case goes to trial or settles outside of court really depends on case specifics and how the other side responds to the lawsuit. While there isn’t a set standard, most malpractice cases end up going to trial for a multitude of reasons.
The reason your case may end up in trial typically has everything to do with the pharmacist involved as well as the pharmacy and their insurers and lawyers. The insurance company and attorneys for the other side will typically drag out litigation as long as they can. However, the court will make them participate in a formal settlement discussion with you and your attorney.
Sometimes, a settlement discussion will lead to a decision in which both parties agree to a dollar amount. However, insurers and attorneys for the other side often don’t want to give victims the amount their cases are worth. This is why pharmacy malpractice lawsuits in most states proceed to trial. It is always a good idea to be prepared that your case could go all the way to trial and know that cases of this nature take around two years—give or take a bit—to resolve.
It is also critical that you have an attorney skilled in handling pharmacy malpractice claims and knows how to prepare your case for trial in order to get you the compensation you need and deserve. For great legal representation, contact Kennedy Hodges for a free consultation today at 888-526-7616.