A claim for medical malpractice arises when a patient is injured because a healthcare provider’s care fell below the accepted standard of care. Many of these cases are litigated, but some may be mediated. People turn to the mediation process for the following reasons:

Opportunity for Improved Communication 

In many malpractice claims, an underlying problem is a feeling of betrayal or mistrust. A patient may not have an understanding of what went wrong because the medical provider may be instructed not to provide any information after a medical malpractice claim arise. Mediation allows the parties to speak personally to each other without legal advisors blocking their communication. This allows the physician an opportunity to explain factors that affected the situation, unknown medical information or other unexpected surprises. Once the parties are able to relate to each other on a more human level, they are often able to reach a fair settlement.

Cost Savings

Medical malpractice cases are often very expensive to litigate. They usually rely on medical expert testimony and these experts may charge exorbitant rates to provide court appearances, report and other litigation support. The cases also involve extensive investigations and the review of thousands of medical documents. All of this makes medical malpractice cases very expensive. Parties can avoid many of these costs by going through the mediation process. The parties can split the costs of a mediator and quickly resolve their case.

Time Savings

Due to the complexities involved in medical malpractice cases, these cases often take years to resolve, and that is before any possible appeal. Mediation can resolve a case in a matter of days once the mediation schedule is set.

Confidentiality

A medical provider may not want others to know about a mistake he or she made. Patients may not want to worry about their medical records being publicly known. Mediation is a confidential process, so it can provide important privacy to the participants.