Frequently Asked Questions

Medical malpractice lawsuits come about as a result of a patient or patient’s family having an undesirable outcome.  When a doctor, nurse, pharmacist, surgeon, hospital, clinic, or health care provider is alleged to have made  a mistake, it is typically because a  patient has suffered negative consequences, including permanent injuries or death.   Various situations could result in medical malpractice cases, from surgical acts or omissions, prescription or delivery issues, untimely diagnosis or failure to advise of the risks associated with a procedure. Medical malpractice cases typically involve:

• Surgical Errors
• Treatment Errors
• Failure to Diagnose
• Medication and Anesthesia Errors
• Failure to Warn Patients of Risks

When a medical professional or entity learns that a patient has filed a medical malpractice case against them, they will begin an investigation process to determine whether the patient’s claims have any merit.   One thing is for certain -  once a medical malpractice claim is filed, both/all parties may not get to talk to each other and share their side of the story or air out their grievances outside of the prohibitive and combative legal system.

Some medical malpractice cases are destined for trial right from the start.  But more often than not, informal negotiations at the right stage in the litigation is the best path forward.  Very often a mediation is court ordered within so many days of a case being filed.  But sometimes the more meaningful mediations occur once some discovery has been conducted and depositions of key individuals have taken place. Informal negotiations or simply talking about the main issues of the medical malpractice case in the setting of a mediation is as close to a win/win situation that the parties will ever see throughout the  litigation process.

As a mediator with a specialty in medical malpractice, I have a deeper understanding of not only the medicine but the conflicts and obstacles the parties face.  I am not allowed to offer legal advice.  But with over 28 years of experience with litigation, mediations, arbitrations in the medical malpractice arena, I can help facilitate some meaningful dialogue to help guide you to your ultimate goal.  I am, and always have been, a strong advocate of resolving medical malpractice cases through different ADR techniques.

All medical malpractice claims will require ample time, money, and resources to litigate. They also require an in-depth understanding and knowledge of complicated negligence and medical laws and issues. On the other hand, resolving disputes and negotiating settlements through mediation or arbitration provides significant advantages over litigating malpractice cases.

Medical malpractice claims are especially suitable for mediation and arbitration due to the uncertainty of winning a jury trial, the blow to the health care provider’s reputation, and the emotional stress of litigation, among many others. Both ADR options also avoid the high cost of litigation and ensure prompt recovery (if successful) minus the extra costs, time, resources, and uncertainty related to post-trial appeals and motions.

Arbitration and mediation are also great options for resolving outstanding disputes or negotiating a non-binding agreement, even if the claim does not settle. Please do not hesitate to schedule a mediation by contacting our office or using the scheduling link on this site.

During mediation, a trained and neutral mediator will work with the parties involved to resolve their dispute. In arbitration, a trained and neutral arbitrator will serve as the judge who will decide the outcome of the case. While mediation may not work in some cases, it enables disputing parties to work together and resolve their dispute. With arbitration, the disputing parties will not get to decide the outcome of the case, but it will be concluded.

Med-Arb, which refers to mediation and arbitration, combines and offers the benefits of mediation and arbitration. With this hybrid ADR technique, disputing parties will try to reach an agreement regarding their malpractice case with help from a mediator. If their issues cannot be resolved through mediation, they can try arbitration next.

The mediator will work with the arbitrator, who will judge the case or, if qualified, can also be the arbitrator. Med-arb is an effective and cost-efficient ADR technique that can help resolve disputes amicably and promptly instead of taking a medical malpractice claim to trial.