Not all medical malpractice claims go to court to be heard by a judge and a jury. Courtroom litigation proceedings can be lengthy and stressful and don’t always provide the judgment or compensation claimants seek.

Most medical malpractice lawsuits never make it to the courtroom. It’s beneficial to both sides to agree without needing a costly and time-consuming trial. In this article, we’ll explain what other options are available.

Medical Malpractice Claims Resolution Alternatives

The National Library of Medicine reports that physicians win the majority of medical malpractice cases that go to court. This study revealed that even in cases where there was strong evidence of medical neglect, physicians still win half the time. This is a good indication that no matter how strong your case is, going to court to fight for compensation may not be in your best interest.

Thankfully, other avenues exist to explore when considering a medical malpractice case. Residents of southeast Florida considering filing a medical malpractice claim would benefit from consulting with a medical malpractice lawyer in Miami. An attorney with experience in medical malpractice lawsuits can make the best determination if going to trial is a good idea.

Negotiation

Negotiation is typically the first step to avoiding a costly, time-consuming court battle. The lawyers representing each side of the case will meet to discuss a mutually agreed-upon resolution. When using negotiation as a means of coming to a decision, both parties control the process of the negotiations and the final outcome. 

The difficulty of settling a medical malpractice claim can vary depending on the case’s specific circumstances. In general, medical malpractice cases can be complex and difficult to prove, which can make settling challenging. However, many medical malpractice claims are settled before trial. The strength of the evidence supporting the claim, the potential damages, and the willingness of the parties to compromise can all be factors in the settlement process.

Mediation

Mediation is when an unbiased third party is brought into the negotiations. The role of the mediator is to help both sides reach an agreement. When using this style of alternative dispute resolution, the mediator will control the process of discussions but has no say in the outcome of the dispute.

Arbitration

A bit different than mediation is arbitration. This type of alternative dispute resolution involves having an arbitrator join the talks. An arbitrator is a neutral third party who will guide the process of the discussions to reach a solution. Binding arbitration means that the findings of the arbitrator are final and non-appealable. Non-binding arbitration is not final, and both parties can use the arbitrator’s findings as a suggestion.

Mediation/Arbitration

Med-Arb is a combination of mediation and arbitration. If the first round of talks with a mediator isn’t fruitful, the discussions can continue into arbitration. If both parties agree, the same neutral third party used in the mediation process can be used in arbitration, or they can use a panel of three arbitrators.

Mini-Trial

A mini-trial is similar to a jury case; however, it’s not held in a court of law. Both parties will agree to bring in an expert who will listen to both sides of the case and review any evidence or witness testimony. Once the expert has heard from both sides, they will give their opinion on the case’s merits. Their decision is not final and is only an opinion. It’s still up to both parties to agree.

Summary Jury Trial

A summary jury trial is much like a traditional litigation trial with a judge and a jury. However, the similarities end there. With a summary jury trial, no witnesses can be called, and each party is limited to an hour to present their case. The decision of the jury is non-binding. The final judgment is left up to both parties.

Alternative Dispute Resolution for Malpractice Claims

Your medical malpractice attorney will suggest these less time-consuming alternatives to a long and drawn-out traditional litigation trial. Since the odds of winning a medical malpractice case when going to trial don’t typically favor the injured party, using one of the above alternative methods will likely be your best bet. They speed up the process, and you’ll have better odds of receiving compensation for your medical injury.