Settlements are a common resolution method in medical malpractice cases, allowing parties to avoid the uncertainty and expense of a trial. Understanding the settlement process in Hawaii is essential for both plaintiffs and defendants involved in medical malpractice litigation. This article will explore the key aspects of settlements in Hawaii medical malpractice lawyer medical malpractice cases, including the benefits, considerations, and steps involved.

What Is a Settlement?

A settlement is an agreement between the parties involved in a legal dispute to resolve the matter outside of court. In a medical malpractice case, a settlement typically involves the injured patient (plaintiff) and the healthcare provider or their insurance company (defendant) agreeing to a financial compensation amount in exchange for releasing the defendant from further liability.

Benefits of Settlements

Settlements offer several benefits for both plaintiffs and defendants in medical malpractice cases:


Settlements provide a guaranteed outcome, allowing both parties to avoid the uncertainty and risk of a trial. By reaching a settlement, plaintiffs can secure compensation without the need to wait for a court verdict, while defendants can resolve the case without the potential for a large jury award.

Cost Savings

Settlements can be more cost-effective than going to trial. Litigation expenses, such as legal fees, expert witness fees, and court costs, can quickly add up during a trial. By settling the case early, parties can minimize these expenses and allocate resources more efficiently.


Settlements are private agreements between the parties, whereas trials are public proceedings. Parties may prefer to keep the details of the case confidential and avoid the publicity that comes with a trial. Settlements allow parties to maintain their privacy and avoid unwanted attention.


Settlements can provide closure for both parties, allowing them to move on from the legal dispute and focus on other matters. For plaintiffs, receiving compensation through a settlement can help them address their medical expenses and begin the process of healing and recovery.

Considerations in Settlements

Before agreeing to a settlement, parties should consider the following factors:

Compensation Amount

The amount of compensation offered in the settlement should be fair and adequate to compensate the plaintiff for their injuries, medical expenses, lost wages, and other damages. Plaintiffs should carefully evaluate the proposed settlement amount and consult with their attorney to ensure it reflects the full extent of their losses.

Liability and Fault

Settlement negotiations may involve discussions about liability and fault. Defendants may seek to settle the case without admitting fault or liability, while plaintiffs may want acknowledgment of the healthcare provider’s negligence. Parties should consider how these factors impact the settlement negotiations and the language used in the settlement agreement.

Future Damages

In cases involving ongoing medical treatment or long-term disabilities, parties should consider the potential for future damages when negotiating a settlement. Plaintiffs may require compensation for future medical expenses, lost earning capacity, and other anticipated costs. Defendants should factor these future damages into the settlement amount to avoid future litigation.

Release of Claims

Settlement agreements typically include a release of claims, whereby the plaintiff agrees to waive any further legal action against the defendant related to the incident. Parties should carefully review the language of the release to ensure it accurately reflects the terms of the settlement and does not limit their rights unnecessarily.

Steps in the Settlement Process

The settlement process in a medical malpractice case typically involves the following steps:

Pre-Settlement Negotiations

Before formal settlement discussions begin, parties may engage in informal negotiations to explore the possibility of resolving the case. This may involve exchanging settlement offers and counteroffers through their attorneys.

Formal Settlement Demand

Once both parties are ready to negotiate a settlement, the plaintiff’s attorney will submit a formal settlement demand to the defendant or their insurance company. The demand letter outlines the plaintiff’s case, the damages suffered, and the proposed settlement amount.

Counteroffer and Negotiation

The defendant may respond to the settlement demand with a counteroffer, proposing a different settlement amount or terms. Parties may engage in back-and-forth negotiations to reach a mutually acceptable settlement agreement.

Agreement and Documentation

Once the parties reach a settlement agreement, the terms of the settlement are documented in writing. A formal settlement agreement is prepared, outlining the agreed-upon terms, including the compensation amount, release of claims, and any other relevant provisions.

Court Approval

In some cases, settlement agreements in medical malpractice cases may require court approval, especially if the plaintiff is a minor or incapacitated adult. The court reviews the settlement to ensure it is fair and in the best interests of the plaintiff.

Implementation and Disbursement

Once the settlement is approved (if necessary), the parties proceed with implementing the agreement. The defendant typically issues payment to the plaintiff or their attorney, and any other agreed-upon actions, such as releasing medical records or dismissing the lawsuit, are completed.


Settlements are a common resolution method in Hawaii medical malpractice cases, offering benefits such as certainty, cost savings, privacy, and closure for both parties. However, parties should carefully consider the compensation amount, liability and fault issues, future damages, and the terms of the settlement agreement before reaching an agreement. The settlement process involves pre-settlement negotiations, formal demand and counteroffers, agreement documentation, court approval (if necessary), and implementation and disbursement of the settlement funds. If you are involved in a medical malpractice lawyer malpractice case in Hawaii, consult with a qualified attorney to explore your options for settlement and ensure that your rights and interests are protected throughout the process. Settlements can provide a timely and efficient resolution to your case, allowing you to move forward and focus on your recovery.