Final answer:
Malpractice suits are mostly settled out of court through negotiations, leading to an agreement before a trial takes place. Class action lawsuits and the option to plead to a lesser charge are also methods used to resolve legal disputes in the medical malpractice arena.
Step-by-step explanation:
Most malpractice suits are settled out of court, usually through negotiations between the parties involved, which result in an agreement to resolve the matter without going to trial. When negative outcomes in the medical field occur, potentially due to flawed protocols or faulty equipment, there are important questions about liability. The risk associated with invasive procedures can be reduced by strict adherence to established protocols, but outcomes can still be unexpected.
Today, a common approach to resolving charges is for the defendant to plead guilty to a lesser charge prior to trial. This avoids the risks of a trial, but it does mean losing out on the protections trial procedures offer. Not all civil cases require a jury trial, especially in states with dedicated small claims court where a judge may decide the case.
Class action lawsuits are another method where plaintiffs with similar grievances combine their cases. These class action suits allow plaintiffs to share legal costs and can include individuals unaware they have a case. In the context of medical malpractice, class action suits might involve a group of patients negatively affected by a specific medical device or drug.