Good day

I'm a health care professional who is facing a possible malpractice case, however the client is asking I pay for the damages and they won't sue, is that a possible scenario I can take?

Kind regards 

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

So essentially, the client is saying to you that if you do not reach a private settlement agreement with the client, in terms whereof you agree to pay some damages amount to your client, that they will then be forced to sue you to hold you liable for their damages. 

There is absolutely nothing wrong with telling the client "No, I won't enter into a private settlement agreement with you."

There is also absolutely nothing wrong with reaching an agreement with the client regarding damages, but then you must get something in writing from the client to confirm that your payment will be made in full and final settlement of all claims that the client has against you. 

What you should also think about doing is to let your medical insurance company know about this, because there might be an obligation in your insurance policy which requires you to notify them of any claim.