What is the difference between a medical malpractice demand and a settlement?

Medical malpractice demand and settlements are two distinct processes within the legal system in California. A medical malpractice demand is an offer that is made by an injured party to a healthcare provider or their insurance provider to settle a medical malpractice claim. It is the injured party’s initial demand for compensation. Typically, a demand will outline the specific details of what transpired during the medical malpractice incident, the extent of the injuries and associated damages, and the amount of compensation that the injured party is seeking. A settlement is an agreement between the parties involved wherein a healthcare provider or their insurance agrees to pay the injured party an amount in exchange for the injured party agreeing to not pursue the claim in court. It’s essentially a way for the healthcare provider and the injured party to come to a mutual agreement that is beneficial for both parties. A settlement can be negotiated at any time after the initial medical malpractice demand is made, and can involve both parties working together to negotiate a fair resolution. However, a settlement can only be reached after a medical malpractice demand is made and negotiations begin. Overall, a medical malpractice demand is the initial offer that is made by an injured party to a healthcare provider or their insurance provider to settle a medical malpractice claim, while a settlement is an agreement between the parties involved wherein a healthcare provider or their insurance agrees to pay the injured party an amount in exchange for the injured party agreeing to not pursue the claim in court.

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What is the difference between a medical malpractice demand and a settlement?

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