How Does Mediation Work in Medical Malpractice Cases?

The Legal Intelligencer recently featured an article that explained the challenges that can come with pursing medical malpractice mediation.

How Does Medical Malpractice Mediation Work and What Are the Challenges?

The first thing that must be done is determining whether a medical malpractice case can be mediated or not. The reason that a medical malpractice case might not be worth mediating is because if any of the defendants in the case are doctors, then they will have clauses in their insurance policies that prevent them from entering settlement discussions unless they consent. Physicians are often reluctant to settle medical malpractice lawsuits, because they have to report the settlement to the National Practitioner Data Bank. There are other options for mediating a medical malpractice case if a doctor involved will not consent, such as a tortfeasor release. However, such options can be difficult and may not be worth pursuing.

If all the physicians involved in a medical malpractice case consent to mediation, then the next step is finding a mediator. Generally, an appropriate mediator for a medical malpractice case has experience with malpractice cases as a mediator, attorney and/or judge. However, in some cases, one side in a mediation will only agree to mediation if it led by one of their approved mediators. Once a mediator has been agreed upon, then all that is left is to go through the mediation process.

How Do Patients Know If They Have a Medical Malpractice Claim?

Before pursuing any sort of medical malpractice claim, patients and their families must determine whether they even have a valid case. In the video below, New Jersey and Philadelphia personal injury attorney Kenneth Rothweiler explains how you can figure out if you have a valid medical malpractice claim.

If you or someone you love was involved in a medical malpractice case, would you consider mediation? If not, why? Let us know in our blog’s comments section or on our Facebook, Twitter or Google+ pages.



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