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Malpractice Mediation
When a medical professional finds out that a medical malpractice claim has been filed, it is typically an extremely emotional experience.
When a lawsuit alleges that proper care was not given and that harm was done, there is often a feeling of a betrayal of trust. The medical professional thought they had a good relationship with this patient who has now turned on them. There is a hope that if the medical professional could only talk to the patient this nightmare would go away. Talking to the patient would allow the medical professional to explain that they did their best and that the outcome is not what either had expected. The medical professional might even want to say sorry that the patient is not well and express compassion for the pain the patient and their family may be suffering without admitting negligence.
Once a claim is filed, instead of having an opportunity to talk with the patient, the medical professional receives advice from their insurer and attorney that they should not speak to the patient or anyone else about it. Thus, the medical professional is thrown into an adversarial system in which legal attacks are defended on legal grounds. Experts for both sides then reconstruct what the medical professioanl lived through based on the cold reality of records.
Of course, patients go through emotional crises of their own surrounding the filing of a claim and as they go through the litigation process. Patients are also advised not to communicate with the medical professional while the claim is pending.
Mediation provides medical professionals with an efficient means to resolve claims in which they have a risk of losing if the case goes to trial. The process provides the medical professional with an opportunity to hear directly from the patient and to speak directly to them. In addition, the medical professional can assure that their personal interests are considered and that they can participate meaningfully in the resolution of the claim. These opportunities are not available in a trial.
The litigation process is a painful and costly one for all concerned. Mediation is an alternative that can help medical professionals resolve claims and preserve some semblance of their own humanity while continuing to care for patients.
When a lawsuit alleges that proper care was not given and that harm was done, there is often a feeling of a betrayal of trust. The medical professional thought they had a good relationship with this patient who has now turned on them. There is a hope that if the medical professional could only talk to the patient this nightmare would go away. Talking to the patient would allow the medical professional to explain that they did their best and that the outcome is not what either had expected. The medical professional might even want to say sorry that the patient is not well and express compassion for the pain the patient and their family may be suffering without admitting negligence.
Once a claim is filed, instead of having an opportunity to talk with the patient, the medical professional receives advice from their insurer and attorney that they should not speak to the patient or anyone else about it. Thus, the medical professional is thrown into an adversarial system in which legal attacks are defended on legal grounds. Experts for both sides then reconstruct what the medical professioanl lived through based on the cold reality of records.
Of course, patients go through emotional crises of their own surrounding the filing of a claim and as they go through the litigation process. Patients are also advised not to communicate with the medical professional while the claim is pending.
Mediation provides medical professionals with an efficient means to resolve claims in which they have a risk of losing if the case goes to trial. The process provides the medical professional with an opportunity to hear directly from the patient and to speak directly to them. In addition, the medical professional can assure that their personal interests are considered and that they can participate meaningfully in the resolution of the claim. These opportunities are not available in a trial.
The litigation process is a painful and costly one for all concerned. Mediation is an alternative that can help medical professionals resolve claims and preserve some semblance of their own humanity while continuing to care for patients.