Often, these cases are settled out of court for economic reasons. The settlement relates to the cost of putting on a trial versus the amount sought (i.e., if the costs of trial are deemed greater than the cost of agreement). If negotiations reduce the gap to an acceptable level, the insurance company will settle rather than risk, even if unlikely, a large jury settlement. Many clinicians still do not understand this settlement mentality; they see the court action as an opportunity to be vindicated. A settlement can therefore leave the clinician with mixed feelings: relief that the suit is over and a simultaneous belief of being found guilty. The message is this: In malpractice matters, the American legal system is no longer a pure justice system. Economic concerns can become paramount. Our best advice is to remember that in the litigious climate in the United States, lawsuits can happen anytime and for any reason. You may not be able to keep from being sued, but you can increase your chances of a successful defense. Think clearly and document your thinking. If you do not write it down, it did not happen. Have a reasonable treatment plan and stick with it. If you are worried about malpractice suits, increase your malpractice insurance. The following five steps are all indicative of good practice and therefore proactively address legal concerns.