Will I Have to Go to Court?

Most medical malpractice cases settle, but some require a trial or arbitration to resolve. Dr. Fagel has settled 90% - 95% of the cases that he has filed over the past 25+ years and has tried more than 50 medical malpractice cases to a favorable verdict. Because of Dr. Fagel’s successful trial record, most medical malpractice defense attorneys and insurance companies would rather settle one of Dr. Fagel's cases than face him in court. Thus, Dr. Fagel’s trial record is the most likely reason why the cases that he pursues are often resolved with a favorable settlement prior to trial. Even if the case is settled prior to trial, almost all medical malpractice cases require that the plaintiff provide a deposition, under oath, in which the defense attorneys ask questions about the events of the case. It is important that anyone giving a deposition be properly prepared by their attorney because a good performance by a plaintiff at a deposition can greatly help a case.