If a medical malpractice case is settled out of court, does it still receive a case number with that court? Where would one find record of case settlements?

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If a medical malpractice case is settled out of court, does it still receive a case number with that court? Where would one find record of case settlements?

If e medical malpractice case is settled out of court, where / how would I find a record of that case?

Asked on May 31, 2017 under Malpractice Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Settlements do not have to be filed in court if settled out of court and, in fact, much more often are not; furthermore, the settlement will usually contain provisions barring the parties from disclosing its terms, or sometimes even its existence. Often, a large part of the point of a settlement is to avoid creating a public record that someone is worried can be used against him/her/it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Settlements do not have to be filed in court if settled out of court and, in fact, much more often are not; furthermore, the settlement will usually contain provisions barring the parties from disclosing its terms, or sometimes even its existence. Often, a large part of the point of a settlement is to avoid creating a public record that someone is worried can be used against him/her/it.


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