If you’re a patient who’s suffered harm due to a healthcare provider’s negligence, you may pursue a medical malpractice claim to seek compensation. While some cases go to trial, many more settle outside of court. If you’re involved in a medical malpractice case or are simply curious about one, you might wonder whether settlement details are available to the public.
The answer can depend on a number of factors, including state laws, confidentiality agreements, and whether the case involved a public entity.
Medical Malpractice Settlements
A medical malpractice settlement happens when a medical or healthcare provider (or their insurance company) agrees to financially compensate someone who’s suffered malpractice or negligence without having to go to trial first.
These agreements allow both sides to avoid the uncertainty and expense of litigation.
Settlements typically include money to cover the victim’s medical expenses, lost wages, the pain and suffering they’ve experienced, and other related damages.
While settlements are typically the most efficient way to resolve a dispute, they often come with confidentiality clauses. These can keep victims from sharing specific details of the case, including the amount of compensation and information about the malpractice.
Public vs. Private Settlements
Whether a medical malpractice settlement is a public record depends largely on how the case is resolved. If a case goes to trial and a judge or jury issues a verdict, that information becomes part of the public record.
Anyone can access common court documents that typically include details about the claim, the damages awarded, and other relevant information.
However, settlements reached outside of court are usually kept private. They don’t require a judge’s ruling, so they usually don’t become public records. These settlement agreements often explicitly state that the settlement terms have to remain confidential, preventing either party from sharing the details publicly.
Exceptions to Confidentiality
Although most malpractice settlements remain private, there are always exceptions. Any settlement records may be subject to public disclosure laws if a claim involves a government-based facility, like a public hospital or a Veterans Affairs medical center.
In such cases, government transparency requirements may make certain details available to the public, including how much taxpayer money was used in the settlement.
Some states also have laws that require healthcare providers to report malpractice settlements to governing medical licensing boards. These are used to track a provider’s history of claims, but they don’t always become part of the public record.
Some states allow public access to a database of malpractice settlements and disciplinary actions, while others keep that information confidential.
How to Find Information on Malpractice Cases
If a settlement is not confidential or if a case went to trial, you may be able to find details through court records. Many courts provide online access to case information, though you may have to visit the courthouse in person to view the full records.
If the case involves a public healthcare provider, government databases may also include details about the settlement. State medical boards also track malpractice claims, disciplinary actions, and license suspensions.
Checking a state’s medical board website can help patients determine whether a doctor has faced prior claims.
Why Confidentiality Matters
Confidentiality is a common issue in medical malpractice settlements that benefits both parties.
Healthcare providers and their insurance companies typically prefer to resolve these types of cases privately to protect their professional reputation and avoid admitting to fault publicly.
For victims, agreeing to maintain this confidentiality can help them get the compensation they need without dealing with prolonged litigation. However, it also means that other patients may not be aware of a provider’s history of malpractice unless they actively research disciplinary records.
Medical malpractice settlements are typically not part of the public record, especially when resolved outside of court.
Confidentiality agreements, state laws, and the involvement of public entities all play roles in what details of a case may become publicly accessible. If you’re researching a specific malpractice case, checking court records and state medical board databases may provide some insight, but full settlement details are often unavailable.
Understanding how public records work and what affects them can help you make informed decisions about your healthcare while respecting the legal protections surrounding medical malpractice claims.
If you would like to learn more about these settlements, reach out to Forbes Law Offices.
