Mediation in Medical Malpractice Cases.

Suffering an injury due to a medical provider’s negligence can be devastating — physically, emotionally, and financially. If you were harmed because of a doctor’s failure to adhere to their duty of care, you may be entitled to hold them accountable for your damages. Most people are familiar with litigation to resolve claims involving a medical professional’s carelessness. However, it’s important to understand that mediation in medical malpractice cases can be useful to resolve claims faster, privately, and more cost-effectively than engaging in a public courtroom battle.

What is Mediation in Medical Malpractice Claims?

Mediation in medical malpractice claims is a form of alternative dispute resolution. It is a non-adversarial and confidential process in which a third party, called a mediator, assists the parties with reaching a mutually agreeable resolution. Their role is not to make a decision in the case, but rather, facilitate communication between the parties. Mediation is typically non-binding, which means the parties must voluntarily agree to the resolution — they cannot be forced to accept a negotiated settlement.

Mediation takes place outside the courtroom at a neutral location where the parties can meet to discuss solutions. Unlike litigation, which can take months or even years, mediation in medical malpractice cases may resolve a claim in just a few sessions. Once the parties reach an agreement, they can submit it to a court to become a binding order. If a settlement is not reached during mediation, the parties may proceed to litigation to resolve the matter.

What are the Benefits of Mediation in Medical Malpractice?

Plaintiffs who participate in mediation for medical malpractice cases can benefit significantly. Not only can they keep their health matters private using mediation, but the process can reduce the amount of stress they experience during a time in which their emotions are already running high. It can also offer them a faster resolution and more certainty when it comes to the amount of damages they would receive.

Other advantages to using mediation in medical malpractice cases can include the following:

  • Cost-effectiveness — Mediation is much more cost-effective than preparing for and conducting a lengthy medical malpractice trial. It also eliminates the expenses associated with attorney fees, court appearances, and bringing in multiple experts to testify.
  • Efficiency — Mediation can help resolve a claim faster and much more efficiently than litigation. This can be particularly important for plaintiffs who require a timely resolution to address the financial impact of the malpractice.
  • Control — When mediation is used in medical malpractice cases, it gives both parties control over the outcome of the case. Instead of allowing a judge or jury to decide issues of liability and compensation, mediation provides the patient and medical professional with the opportunity to resolve the case between themselves. It eliminates the uncertainty of a verdict in the courtroom.
  • Communication — When mediation is used to resolve a medical malpractice claim, both parties can effectively express their concerns and communicate their needs. They can also communicate directly in a way that is not typically permitted during the litigation process, allowing them to feel heard.
  • Confidentiality — Mediation in medical malpractice is confidential and private. Nothing that is discussed during mediation sessions can be used in court in the event the case proceeds to litigation.
  • Flexibility — The parties can reach a flexible agreement in mediation that might not otherwise be an option when litigating in the courtroom.

Medical malpractice cases can take a substantial emotional toll on a victim and their family. It can often force them to relive the trauma they experienced in connection with their serious injury. Mediation can give the plaintiff the safe place they need to talk freely about how the malpractice affected their life and livelihood. Importantly, it can help to reduce a plaintiff’s emotional burden and give them the closure they need to move on.

Is Mediation Right for Your Medical Malpractice Claim?

It’s vital to consider the pros and cons of mediation before making the decision to use this form of alternative dispute resolution. Mediation can be a valuable tool to resolve a medical malpractice claim — but it is not always right in every case. For instance, mediation might not be a viable option if a party is unwilling to compromise or fails to act in good faith. A knowledgeable medical malpractice attorney will be able to advise regarding whether mediation is a good option in a specific situation.

Contact an Experienced Medical Malpractice Attorney

If you were harmed by a medical provider’s negligence, it’s essential to have a skillful medical malpractice attorney by your side who can discuss whether mediation can help you resolve your claim. To learn more about the use of mediation in medical malpractice cases, contact the Fraser Law Firm to schedule a consultation or call 971-266-8877.