If you are the victim in a medical malpractice case, you’ll most likely have to go through medical malpractice mediation. The vast majority of these types of cases end in meditation, and while these situations can be incredibly stressful, understanding more about what to expect from the process can help ease that stress and improve your likelihood of achieving your settlement goals.
No one ever wants to be on the wrong end of a medical malpractice suit, but if you think you’re the victim in a medical malpractice case, here is everything you need to know about how to file a claim and what to expect from the medical malpractice mediation process.
How to File a Medical Malpractice Claim
While you can legally file a medical malpractice lawsuit without a lawyer, this is almost never in your best interest. There are many specific requirements that you need to meet in order to file a medical malpractice claim, and without the necessary knowledge of these requirements and the complex legal system that you need to navigate, it's almost certain that you will make a mistake that could cost you your case.
If you are the victim of medical malpractice and you want to file a claim to seek compensation, the only good way to do it is to contact a trustworthy medical malpractice lawyer who has all the experience and knowledge necessary to file your claim properly and get you results you're looking for.
What is Medical Malpractice Mediation?
Once you file your medical malpractice case, your case will go to mediation long before it ever has the chance to go to court. Medical malpractice mediation essentially acts as an alternative to going to court. Instead of clogging up the already overburdened court system, mediation provides an opportunity for both parties to discuss the case with a neutral third-party mediator to determine who is at fault and what compensation the defendant owes the plaintiff.
What Does a Medical Malpractice Attorney Do During Mediation?
Medical malpractice attorneys play a huge role in the mediation process. Not only do they help their clients ensure that a claim is filed correctly, but they also provide expert legal advice that can easily be the difference between winning and losing your case.
From helping you collect and present evidence to ensuring that the defendant's lawyer doesn't take advantage of your lack of legal knowledge, medical malpractice lawyers ensure that every step of the mediation process goes smoothly and that you have the best chance of getting the fair and just compensation you deserve.
What to Expect at Medical Malpractice Mediation?
Now that you know how to file a medical malpractice claim and how a professional lawyer can help, it’s still crucial that you know exactly what to expect during medical malpractice mediation. The mediation process is split up into a few different steps, so here is what to expect from each of them.
Pre-Mediation
Before the mediation process begins, there are a few different things you’ll need to do to prepare, the first of which is meeting with your lawyer. Your lawyer will help you prepare for mediation by finalizing all of the details of your case and helping you understand what the rest of the process will look like.
You and the defendant will also sign a confidentiality agreement that ensures both parties can speak freely without having to worry about anyone discussing the settlement negotiations outside of mediation, including if the case ends up going to court.
Introduction and Opening Statements
The first step of the medical malpractice mediation process is the introduction and opening statements. During this step of the process, the mediator will introduce each member of both parties and explain the roles each person will play in mediation.
After the introduction, both parties will offer their opening statements in which both the plaintiff and defendant will state their cases and present the evidence they have to support them.
Discussing Your Medical Malpractice Case with the Mediator
Once each party has the chance to state their case, the mediator will then separate the parties to begin discussions with each one separately. This gives each party the opportunity to present any confidential information that is relevant to the case to the mediator without fear that it will be disclosed to the opposing party.
The mediator will take the new information and move back and forth between parties with the goal of negotiating a fair settlement that takes all available information and evidence into account.
End of Medical Malpractice Mediation
There are essentially only two possible outcomes of medical malpractice meditation. If the mediator is able to negotiate a settlement that both parties deem as being fair, the case will end, and the plaintiff will receive their settlement, but this is by no means a guarantee.
If the mediator is unable to come to a settlement agreement between both parties, then the mediation process has failed, and the case will need to continue on in court.
Contact HoeyLegal Today
Are you the victim of medical malpractice? Are you looking for a lawyer that you can trust to win your case? Contact HoeyLegal today.
Here at HoeyLegal, our expert legal team specializes in helping medical malpractice victims get the compensation they deserve after an accident. Our team is always here to answer your questions and will happily help you schedule a free consultation so that we can discuss your case and tell you more about how we can help.
Being the victim in a medical malpractice case can be stressful and scary, but we’re always here to be the trusted advocate you need in such hard times. Don’t let your medical malpractice case get you down. Call HoeyLegal and get the expert legal representation you need today!