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Medical Malpractice Mediation
Medical malpractice may well be a cause of death or injury but statistics show that malpractice lawsuits don’t have high success rates. Studies show that victims end up without receiving any compensation in 90 percent of malpractice claims.
Medical practice cases vary. These may allege misconduct or misjudgment of a medical worker. Other malpractice cases involve grave injuries stemming from flawed equipment or medical products. Negligence is the most frequent allegation in medical malpractice cases.
We at Kanter Ostler are dedicated to helping medical malpractice victims attain a just resolution to these complex cases.
Call us at (619) 304-2244 to discuss your case with an experienced medical malpractice mediator.
What happens in a medical malpractice mediation?
In medical malpractice mediation, both parties sit down to discuss what went wrong and then to try to work out a settlement. A trained professional, sometimes a lawyer or a former judge, act as a mediator. Lawyers for the conflicting parties handle the negotiations in a session that can last several hours. Health care providers, insurance representatives, and patients or their family members may participate as well.
Mediation offers a less costly option to malpractice lawsuits
Although medical malpractice cases sometimes need to be settled in a lawsuit, mediation may be your best option in getting a reasonable settlement without taking a medical professional to court. Mediation is a fast and effective tool for resolving issues either before or after a lawsuit has been filed.
Mediation will help you avoid lengthy and expensive court battle. A plaintiff, for instance, who is injured by the use of a surgical instrument may seek damages through mediation to avoid drawn-out and costly litigation. Likewise, a health care professional may wish to avert undue attention or the risk of unfavorable publicity in a public forum such as the courtroom.
Mediation allows the parties more control
Mediation enables the involved parties to have control of the settlement. Everyone is allowed to express their concerns and discuss the terms of an arrangement that they think is fair. In litigation, a judge or jury determines the outcome.
Issues are resolved faster in mediation
Mediation settles the matter faster than taking legal action. This enables both parties to go back to their normal lives as quickly as possible.
Mediation can potentially improve patient safety
Mediation can help improve patient safety and the quality of care. If the medical staff who were involved in the malpractice case are present during mediation, they could discuss the factors that led to the issue. That could lead to changes to prevent it happening again.
Mediation can cover the emotional and financial aspects of the case
Mediation enables the parties to deal with the emotional, as well as financial, aspects of a case. Achieving emotional closure and financial settlement may be easier in mediation than having a malpractice case resolved in an adversarial court setting.
Mediating eliminates uncertainty
A courtroom trial offers the possibility of winning or losing. In mediation, the malpractice victim is releasing themselves from the risk that they might lose.
Contact Kanter Ostler Mediation & Dispute Resolution
Our extensive experience in mediation and dispute resolution allows us to handle medical malpractice cases competently and efficiently. We will help you reach a resolution that will be favorable for all concerned.
Contact us today at (619) 304-2244 to discuss how we can help move your case forward through mediation.