Last Updated on June 25, 2026 by Patrick A. Salvi II
If you are considering a medical malpractice claim in Chicago, one of the first questions you will likely ask is, “Do most malpractice cases settle?” You might be worried that your medical malpractice case will end up before a jury. The short answer is that most medical malpractice cases in Illinois resolve through settlement well before they go to court. However, that does not mean trial is off the table, and the quality of your legal representation will shape how your case unfolds. In this article, we will explore how often malpractice cases go to trial, why settlements are more common, and which factors drive this tendency.
At Salvi, Schostok & Pritchard P.C., we prepare every case as though a jury will ultimately decide it. This allows us to obtain the results our clients deserve, instead of settling for below what their case value is. We have successfully taken many malpractice cases to trial, and we have the results to prove it.
How Often Do Medical Malpractice Cases in Chicago Go to Trial?
A Bureau of Justice Statistics study found that approximately 95 percent of medical malpractice insurance claims that resulted in a payout were settled before reaching a jury or bench trial. Research published in Clinical Orthopaedics and Related Research corroborates this pattern, indicating that juries decide only about 7 percent of medical malpractice lawsuits nationally. Studies have also found that malpractice cases involving negligence-related errors were twice as likely as error-related claims to proceed to trial.
Why Most Malpractice Cases Are Settled Before Reaching Court
Several practical realities push most medical malpractice cases toward settlement. Trials are expensive, time-consuming, and unpredictable for both sides. Defense attorneys for hospitals and insurance carriers often prefer to limit their legal exposure rather than risk substantial jury verdicts. Additionally, plaintiffs usually prefer the certainty of a negotiated recovery over the uncertainty of a trial outcome.
The medical malpractice trial process in Illinois can be lengthy and demanding, depending on the facts of the case. Settlements allow injured patients to receive compensation more quickly and with less emotional strain.
Key Factors That Influence Settlement vs. Trial Decisions in Medical Cases
Not every medical negligence case is a strong candidate for settlement. Several factors shape whether a claim will resolve before trial or proceeds to court, including:
- The strength of the medical evidence
- The severity of the patient’s injuries
- The credibility of expert witnesses
- The defendant’s willingness to negotiate
Illinois law requires plaintiffs to file an affidavit of merit, supported by a qualified medical expert, before a medical malpractice suit can proceed. This requirement ensures that cases meet a meaningful threshold before litigation can even begin. That said, if defendants dispute liability or undervalue the claim, a trial might yield a better outcome for the plaintiff.
How a Chicago Medical Malpractice Lawyer Prepares a Case for Trial
At Salvi, Schostok & Pritchard P.C., we prepare every medical malpractice case for trial from the moment we take it on. Our team reviews all relevant medical records, retains qualified expert witnesses, and builds the strongest possible foundation based on the available evidence. That preparation serves our clients well, both at the negotiating table and in the courtroom. Our legal team has obtained more than 400 case results of $1 million or more, demonstrating what rigorous preparation and skilled litigation can achieve.
Speak with a Chicago Medical Malpractice Attorney
If you believe a medical provider’s negligence caused you harm, an experienced medical malpractice attorney at Salvi, Schostok & Pritchard P.C. is ready to evaluate your case and advise you of your options. Contact our office today to arrange a free consultation with a Chicago medical malpractice lawyer. We will review the facts of your situation, explain the Illinois malpractice lawsuit process, and help you understand what to expect.
