Understanding The Increase In Malpractice Cases Being Sent To Mediation

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Mediation refers to the practice of utilizing a neutral third party to help resolve a dispute in a mutually agreeable way. In effective mediation, both parties walk away feeling satisfied with the results and a sense of closure. In recognition of the increasing costs and uncertainty of trial, mediation is being used more frequently in medical malpractice cases, by the courts as well as on a voluntary basis by the parties.

Victims want fair compensation for their injuries. While a trial can result in a high verdict, it can also result in a low award or none at all. Despite the best preparation, jury verdicts are sometimes unpredictable. Thus, mediation allows the parties to determine the outcome of the case instead of leaving it up to strangers. Medical malpractice attorneys across Baltimore, Maryland and Washington D.C are capable of both litigation and successful mediation. Read on to learn why more cases are going to mediation and then contact an experienced Washington D.C medical malpractice lawyer to discuss your case.

Increases in mediation rates

Mediation is becoming an increasingly utilized tool for medical malpractice lawsuits. Recent years have seen an upswing in mediation rates. Why the change? The answer lies in a number of factors, but is most commonly associated with the challenge of ushering a case to trial. A recent statistic shows that nearly 65 percent of lawsuits are dismissed before ever reaching a court of law. In fact, studies show that only 10 percent of cases reach the trial stage of proceedings. The American Medical Association reports that approximately 25 percent of all medical malpractice cases are settled during the pretrial stages of litigation. More are settled during litigation – but before trial. These statistics, along with the time and cost associated with a legal battle, lead many victims to opt for mediation over a trial and jury verdict.

Is mediation right for your case?

Benefits of mediation can include decreased legal fees and a faster payout of compensation settlements. However, it can also mean a settlement which is lower than the maximum one could win at trial and a lack of documented disciplinary action against the negligent party. Mediations are confidential. What takes place in these sessions is not public record. As the victim, this means that while you may receive financial compensation, the negligent provider’s name and conduct will not be publicized. However, whenever a settlement payment is made on behalf of a health care provider, the provider’s name is submitted to the National Practitioner’s Data Bank – a repository for all health care providers who were accused of medical negligence and who paid to settle their case or lost at trial.

Is mediation right for your case? An experienced medical malpractice attorney is best suited to help you assess the pros and cons as they relate to your situation. In most cases, mediation will lead to a settlement offer. You and your attorney should weigh the offer against the risks of trial.

Schochor, Federico and Staton help victims choose the best path for their case

Schochor, Federico and Staton have provided Baltimore, Maryland and Washington D.C residents with over three decades of successful litigation in medical malpractices cases. If you believe you have been the victim of malpractice, call us today at 410-234-1000 to speak with a legal expert about the specifics of your case. Our team will assess your case’s strength and help you decide the best course of action to take. If litigation is warranted, our medical malpractice attorneys will fight for a fair settlement for your family.