What to Expect at Medical Malpractice Mediation

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!

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.