Jack Slover is a neutral with Atlanta-based Miles Mediation & Arbitration. (Courtesy photo) Mediating Health Care Malpractice Cases
Preparing for the mediation ahead of time and creating rapport with both parties helps ensure a successful mediation. Even if the case doesn't settle at the mediation itself, these actions make it more likely to settle before trial, which benefits both parties.
July 22, 2024 at 10:58 AM
6 minute read
Even if they involve similar facts or injuries, no two medical-malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence. The heightened emotions involved and complicated issues often make these cases well-suited for mediation. Here's a closer look at some of the issues typically involved in these health care malpractice cases and how I approach them as a medical-malpractice mediator.
Challenges for Plaintiff's Counsel
Issues in a typical medical malpractice case which may include misdiagnosis or delayed diagnosis, unsuccessful treatment of a medical condition or issue, and many others. However, I believe a large percentage arise from differences in clinical opinion. Medicine is an inexact science which fosters varying opinions and actions. Plaintiff's counsel must be cognizant of this and must secure expert opinion which is not based on personal preference but on a deviation from the standard of care.
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